Incongruences between the bail applicable to a legal entity and the bail applicable to an individual – a national, European, North American perspective

Abstract

In this study, we analysed the main differences that exist between the bail applicable to an individual and the bail applicable to a legal entity. Thus, the differences identified are as follows: the object of the guarantee, the amount of the bail, the criteria for determining the amount of the bail, the moment of paying the bail, the consequence of not paying the bail. This study also presents the consequences of the the legislator’s omissions, i.e. the absence of a sanction for the legal entity in the event that it does not pay the bail, and the absence of criteria for determining the amount of the security applicable to the legal entity. To adress these omissions, we identified solutions in the jurisprudence of the European Court of Human Rights, as well as from the jurisprudence of the US Supreme Court. In addition, we also analysed how national courts have tried to remedy the omissions of the legislator.