The article analyzes the legal institutionalization of surety as a social phenomenon as well as the reasons that led to its emergence and formation. The article tries to look at suretyship from a civil and criminal legal point of view in a comparative aspect, trying to form an unrefined concept of suretyship as an institute of criminal law.

The article presents a historical analysis of the release from criminal liability on bail set forth in the Criminal Code of Republic of Lithuania, trying to understand the reasons of its establishment and formation in Lithuania’s Criminal Law. The origins of the surety for perpetrators are sought even in the early ages law of the state of Lithuania.

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