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Agreement on Guilty and Punishment
Pavel, Jan ; Gřivna, Tomáš (advisor) ; Zeman, Pavel (referee)
Résumé The presented thesis deals with the new legal institute of criminal procedural law, the "agreement on guilt and punishment". The aim of the Czech legislator, when constructing the Czech version of the otherwise traditionally Anglo-Saxon concept of conciliation proceedings, was mainly to simplify and speed up the criminal trial, because according to his/her conclusion the present legislation does not use every opportunity to ensure the accused the full right to a speedy and fair trial. Despite the certainly legitimate need to ensure criminal proceedings in a way so as to ensure "quick" justice, the question is, considering the still ongoing debate of not only professionals, whether an agreement on guilt and punishment is the right tool to deliver this. The agreement on guilt and punishment is generally an Anglo- Saxon concept, it is thus a product of legal culture different in principle from the domestic one, and for it to be able to work effectively in such different conditions, it was necessary to somewhat overlook the traditional idea of a criminal trial as we know it in the standard form. Before its codification the proponents of this legal institute argued that the conciliation proceedings will support the activity of procedural parties, simplify the proceedings, in particular regarding the...
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