The Investigation of Obligatory Bail Contract from the Perspective of General and Particular Law Scholars

  •  Zohreh Daraei    


Bail is an important element of legal jurisprudence that its establishment has a long history. The scope of this contract is to the extent that is seen in almost all civil, criminal, commercial, intellectual and political matters. This legal institution today as one of the most common supporting arrangements is used for both private contracts and the judicial authorities. Due to the realization of this contract, the bailsman will be required to fulfill promised obligations. Obligatory bail includes those cases that cause the contracts lost the legal and contractual aspects and takes ruling and obligatory role. The necessity of this discussion arises from the need that the perpetrators of various crimes that in some cases encounter arresting and imprisonment escape in different ways and are excluded from the scope of justice and law enforcement. Since committing any crime has its own punishment, whether in the second case, another person that escaped wrongdoer is considered the same punishment or other legal actions will be with him? In this study, we investigate the causes and principles of this sentence.

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