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Settlement in criminal proceedings
Hegerová, Klára ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The topic of this diploma thesis is the settlement in criminal proceedings, one of diversions, or also alternatives to typical course and outcome of criminal proceedings. The settlement was incorporated into the Czech Criminal Procedure Code by the amendment n. 152/1995 Sb. with the effect on 1st September 1995. The settlement is an institute of criminal procedure law originating in restorative justice principles and its goal is to restore affected relationship between the defendant and the victim. Then proceedings of the settlement should not serve only to compensate the victim, as is sometimes perceived by the public, but also to clarify causes of the conflict during the active participation of both parties and to assume personal responsibility for the crime committed which may have significant effects in terms of criminal prevention. Despite the fact that the settlement is a form of diversion beneficial to the defendant (it leads to cessation of prosecution), victim (it is faster to obtain the compensation) and society (prevention from committing other crimes, relieving courts in favour of complex and serious crimes), it is rarely used in practice. In the first chapter I generally deal with the concept of diversions in criminal proceedings, their fundamental characteristics and common features...
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