The bail within a procedure of penal nature can respond to two reasons basically:
Bail established by the court or tribunal in order to avoid a situation of provisional detention.
In this case, when the court or tribunal has ordered the provisional detention of the accused awaiting trial, the court may establish a bond that allows the defendant to replace this situation of provisional detention with that of provisional freedom until the trial is held.
Thus, the court will establish the amount of the bond taking into account the economic circumstances of the accused, as well as the severity of the penalties to be imposed for the imputed crimes, the social alarm that could have been generated by the criminal act, the risk of flight by the imputed, among other circumstances.
This bond may be sent directly by the accused or any other person who lends to it, and is voluntary, being returned to whoever had lent it in the event that the accused comes to trial and requirements that may be formulated against him, not evading, therefore, the action of justice, being independent the final result of the judgment as far as absolutory sentence or inculpatory.
However, in case of failure to appear at the trial or appeals that may occur on behalf of the accused, this bond is withheld and is not returned to the person who provided it until the accused is located.
The bond established by the court or tribunal in order to ensure the possible civil liabilities derived from the crime.
In this case, the bond is established by the court or tribunal at any time during the proceedings prior to the trial and is intended to ensure the payment of civil liability derived from the crime (compensation, reparation, restitution of damage caused by the crime) in case of conviction.
This assumption has as its object such assurance, and for that reason such bail is requested without a conviction, thus preventing the defendant from distracting assets from his patrimony in order to avoid the payment of civil liability to which he could be sentenced in the process.
In this case, the bail is not voluntary, the accused is required to provide it, and if not done, an attempt is made to locate sufficient assets of the accused by proceeding to his seizure, is located, in a sufficient amount to meet the court’s requirement.
If the investigation turns out to be unsuccessful, the accused is declared insolvent, having no repercussion on the outcome of the proceedings, but that civil liability that could result from a conviction remains in effect, with the convicted person responding to his present and future assets for a period of 15 years.