|
|
Agreement on guilt and punishment
Šimek, Jaromír ; Pelc, Vladimír (referee)
This master's thesis focuses on the subject-matter of agreement on guilt and punishment. It became a part of Czech Criminal Procedure Code by the enactment of Act no. 193/2012 Coll. The plea bargaining, which is widely spread and used in common law countries, served as an inspiration. It should have primarily enhanced the efficiency and speed of the criminal proceedings. It is a type of diversion which is based on a negotiation between the prosecutor and the defendant. The defendant may plea guilty and require a milder punishment in reverse, comparing to a punishment which would have been imposed if a trial took place. The conducted agreement on guilt and punishment has to be subsequently approved by the judge in a form of the approval judgement. The thesis is divided into four chapters. The first one deals with other alternative ways, by which criminal cases may be solved. The influence and potential disruption of basic principles of the criminal procedure caused by the incorporation of agreement on guilt and punishment, is described as well. A short section is dedicated to previous legislative efforts of incorporation the agreement on guilt and punishment into the Czech legal system. The second chapter outlines the contemporary legal regulation of the agreement of guilt and punishment in the...
|
|
|
Agreement on guilt and punishment
Šimek, Jaromír ; Říha, Jiří (advisor) ; Tejnská, Katarína (referee)
This master's thesis focuses on the subject-matter of agreement on guilt and punishment. It became a part of Czech Criminal Procedure Code by the enactment of Act no. 193/2012 Coll. The plea bargaining, which is widely spread and used in common law countries, served as an inspiration. It should have primarily enhanced the efficiency and speed of the criminal proceedings. It is a type of diversion which is based on a negotiation between the prosecutor and the defendant. The defendant may plea guilty and require a milder punishment in reverse, comparing to a punishment which would have been imposed if a trial took place. The conducted agreement on guilt and punishment has to be subsequently approved by the judge in a form of the approval judgement. The thesis is divided into four chapters. The first one deals with other alternative ways, by which criminal cases may be solved. The influence and potential disruption of basic principles of the criminal procedure caused by the incorporation of agreement on guilt and punishment, is described as well. A short section is dedicated to previous legislative efforts of incorporation the agreement on guilt and punishment into the Czech legal system. The second chapter outlines the contemporary legal regulation of the agreement of guilt and punishment in the...
|
|
|
Agreement on guilt and punishment
Slavík, Michal ; Říha, Jiří (advisor) ; Krupička, Jiří (referee)
This master`s thesis deals with the topic of agreement on guilt and punishment, which was introduced into Czech criminal procedure code in 2012. The agreement on guilt and punishment represents an alternative way of solving criminal cases. The agreement is entered into by the prosecutor and the accused, while taking into account the interests of the injured party. A precondition of the conclusion of an agreement on guilt and punishment is the declaration of the accused that they committed the act for which they are prosecuted. The prosecutor proposes the adequate punishment for the act committed and the final version of the agreement has to be approved by the court. For the accused, this procedure means a mitigation of the sentence in exchange for a declaration of committing an act. An advantage for the law enforcement authorities is shorter and simplified criminal procedure. Other benefits of the conclusion of the agreement on guilt and punishment are the cost savings and the protection of injured parties. The institute of agreement on guilt and punishment has its origin in the Anglo-American legal system where it is one of the pillars of the criminal process. In the Czech context, however, it is a foreign and controversial institute, which is subject to strong criticism mainly by legal theorists....
|
|
|
Agreement on guilt and punishment
Dimitriadisová, Šárka ; Říha, Jiří (advisor) ; Bohuslav, Lukáš (referee)
Agreement on guilt and punishment This master's dissertation focuses on a relatively new juridical institute of the criminal procedural law, which is agreement on guilt and punishment. This institute was incorporated in the Czech legal system by the Act No. 193/2012 Coll., which took effect from 1st September, 2012. The main purpose for the incorporation was acceleration and efficiency of criminal proceedings as well as lightening the burden of courts, which are overloaded due to excessive amount of new cases. The master's dissertation is divided into five chapters. The first chapter is devoted to the inclusion of plea bargaining in the system of the Code of Criminal Procedure and on the institute of agreement on guilt and punishment in comparison with other diversions. A brief introduction to the basic principles of retributive and restorative justice is also included in this chapter. The second chapter covers the historical development of incorporating plea bargaining into Czech legislation and the legislative process itself. The basic arguments both in and against favour of the institute are outlined, especially taking into account the principles of Czech criminal proceeding. The third chapter contains a detailed analysis of relevant legislation and is divided into two parts, the first focusing...
|
|
|
Agreement on guilt and punishment
Šaćirović, Adéla ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This master's thesis deals with the topic of agreement on guilt and punishment, which became a part of the legal system of the Czech Republic on 1 September 2012 - by effect of the eighty-third amendment to the Criminal Procedure Code, which was implemented by the Act no. 193/2012 Coll. The agreement on guilt and punishment is an alternative way of solving criminal cases. As is apparent from its title, it is the negotiation of an agreement between the prosecutor and the accused, or even injured person, whose objection is a solution to the question of guilt and punishment. A necessary prerequisite of its validity is subsequent approval of the negotiated agreement on guilt and punishment by the court. When designing a statutory regulation of a particular institute it is always necessary to pay attention to the advantages and disadvantages that will most likely accompany this institute. The positives must obviously outweigh the negatives and try to minimize them as much as possible. Simply stated, the institute must bring more good than harm. The main aim of my thesis is to introduce the comprehensive legislation of the agreement on guilt and punishment, to assess the positives and negatives accompanying the agreement on guilt and punishment, and to point out the specifics, imperfections and...
|
|
|
Agreement on Guilt and Punishment
Zaoralová, Petra ; Jelínek, Jiří (advisor) ; Herczeg, Jiří (referee)
The submitted thesis is addressed to the institute of Agreement on Guilt and Punishment which has been adopted to the Czech criminal proceedings by the amendment to the Criminal Procedure Code, the Act no. 193/2012 Coll., as effective of 1 September 2012. The inspiration of implementing the new procedural institute was drawn from the Anglo-Saxon institute of "Guilty Plea" which was modified and adapted to the Czech legal environment. The Czech legislator has significantly diverged from fundamental theoretical grounds commonly recognized in other countries abroad while setting up such application conditions which has legitimately risen debates questioning the position of the Agreement on Guilt and Punishment in the Czech legal system itself. The thesis is divided into six chapters. The introductory chapter deals with systematic and ideological foundations of plea bargaining and summarizes the reasons why has been originally Anglo-Saxon institute progressively implemented to many continental legal systems across Europe. Second chapter offers the summary of valuable international case law and presents the plea bargaining process from the view of European Court of Human Rights. Third chapter focuses on legislation related to the Agreement on Guilt and Punishment in other continental law jurisdictions laying...
|
|
|
The selected issues of juvenile criminal justice
Adam, Josef ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
IN ENGLISH The thesis deals with the selected issues of the juvenile criminal justice. The aim of the thesis is to analyze certain issues of the juvenile criminal law, especially the issue of their criminal liability, punishment for their illegal conducts with concentration on upbringing measures, further protection of juvenile privacy and introduction to restorative justice. The respective analyses were realized with respect to historical development of the legal regulation of juvenile justice in the Czech Republic, primarily in form of comparison with the regulation from 1931, which was an inspiration for the current legal act on juvenile justice. Within my thesis I emphasize on aspects of restorative justice and bigger share of upbringing measures.
|
|
|
Current issues of an agreement on guilt and punishment
Hájek, Tomáš ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Institute of agreement on guilt and punishment, was implemented into Czech criminal law by Act No. 193/2012 Coll. in 2012 and came into force on 1th September 2012. The institute belongs among diversions from standard criminal proceedings. The purpose of its introducing was an effort to increase efficiency of criminal proceedings. Generally, this instute is typical in common law system, however several countries with continental legal system have already introduced agreement on guilt and punishment into their criminal law - for example: Spain, Germany, Italy and Slovakia. In particular, the Slovakian agreement on guilt and punishment constituted fundamental basis for the Czech version of the agreement. The inspiration for choosing this topic for my Master's thesis was formed by internship at district prosecutor of Prague 4. I have had an option to attend conclusion of the agreement during the process there as well. The thesis is divided into six chapters, which are accompanied by my personal experiences from the internship. Each of them is dealing with different aspects of the institute. The content of the first and the second chapters are reasons for implementing of the institute and detailed analysis de lege lata and I have solved also a question in these chapters namely, if the agreement is in...
|
|
|
An agreement on guilt and punishment
Pišvejc, Lukáš ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The aim of my diploma thesis is to deal with recently enacted institute named agreement on guilt and punishment which was incorporated to the Code of Criminal Procedure by Act No. 193/2012 Coll. This Act also widen field of application of existing alternative procedures. The aim pursued by legislator is to achieve the increase of effectivity of criminal proceedings in the Czech Republic. My diploma thesis is divided into three main chapters. In the first chapter can be found presentation of existing alternatives procedures in the czech criminal proceedings with accent to the changes made by Act No. 192/2012 Coll. At the end of the first chapter there are statictical records showing the use of particular alternative procedures. In the second chapter I present and analyze the agreement of guilt and punishment. This chapter contains definition, history of evolution and conditions of use of the agreement of guilt and punishment. In the last chapter we can find comparison of the agreement of guilt and punishment to french institute named la Comparution sur reconaissance préalable de culpabilité which aims to provide inspiration for potential future changes of this procedure.
|
guest ::
