If a specific purpose is achievable in the same time with heavier and milder by law determined possibility, Croatian legislator regulated, respecting the principle of proportionality, in Criminal Procedure Act possibility that investigating prison, as the hardest measure of insurance of presence of the person charged, is replaced by one of the milder measures, whether with bail or precautionary measures. Constitution of Republic of Croatia and Convention for the Protection of Human Rights and Fundamental Freedoms protect personal freedom of individual, prohibit every improper taking away of it, but stipulate exemptions in justified conditions. The basis for establishment of precautionary or bail measures is pre-trial detention. For that reason the court, when the conditions for establishment of pre-trial detention are performed, shall impose precautionary measures or bail if the same purpose is achievable only by set out limitation of freedom without complete deprivation. The CPA states a number of precautionary measures that serve as alternative for pre-trial detention when there is a risk of escape of the person charged. Due to specific circumstances in practice that lead to different interpretations, legislator amended CPA stipulating various conditions for pronouncing or duration of precautionary and bail measures. Precautionary measures are pronounced, depending on the concrete risk of escape, individually or collectivelly. Bail is possible to pronounce independently or it is pronounced for additional assurance with determined precautionary measures. The current valid decision about application of legal opportunities also encounters different problems. Therefore there is tendency for finding a solution in a dialogue between judiciary and legislator.