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The sahre of civil element in criminal decision making procedure
Reterová, Sylvie ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
The Share of the Civil Element in the Criminal Decision-Making Procedure Key words: civil element, Comission for Conditional Release (parole), Ministry of Justice, probation and mediation service, assessors, associate judges, criminal proceedings This paper examines the share of the civil element in the criminal decision-making procedure. The aim is to introduce and analyze the institute that has been introduced in the Czech judiciary in the mid-19th -century - the associate judge, as well as the new institute, under which civil representatives can assess applications for release on probation. It further focuses on the Ministry of Justice's intention to introduce the Parole Board, which could single handedly decide about probation in the future. The paper is divided into three chapters. The first chapter offers a historical exposé of the institute of the associate judge, devoting particular attention to the reasons which led the legislative authority to implement this civil element. The second chapter discusses the current status quo, the system, and the benefits of associate judges. Accent is placed on the legislative enactment of the share of the civil element in the criminal decision- making procedure and then on the merits and importance of their judicial participation in criminal matters. The...
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