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Penal order in Czech-Slovak comparison
Štefánik, Ondrej ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
Penal order in Czech-Slovak comparison The presented thesis deals with the Czech and Slovak legal regulation of the institute of penal order as a decision as to the merits of the case in criminal matters, which can be ruled under the prescribed legal conditions in written procedure. Such decision can be ruled only on the basis of information gathered in the file and without the taking of evidence in a proper trial. The work is divided into five main chapters in order to maintain clarity and logical structure. The first chapter deals with general considerations of a penal order as a diversion and a decision in criminal proceedings. The second chapter is devoted to the constitutional law issues of conformity of the criminal order with the right to a fair trial, the right to a public hearing, the principle of the presumption of innocence and the right to defense. The third chapter presents the historical excursion into the development of the legal regulation of the penal order in the Czech Republic, respectively in the former Czechoslovakia. It deals with pre-war, socialist and post-November legislation. The fourth chapter describes and evaluates the current Czech legal regulation of the penal order and the fifth chapter compares it with the Slovak legislation. Both chapters deal with the general...

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