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Conditional discontinuance of criminal prosecution and settlement in prosecutorial practice - comparison
Blažková, Kristýna ; Šámal, Pavel (advisor) ; Bohuslav, Lukáš (referee)
Conditional discontinuance of criminal prosecution and settlement in prosecutorial practice - comparison At the outset, the first chapter outlines the possible alternatives in criminal proceedings and describes the principles of restorative justice. Following this, the thesis also elaborates on alternative sentences and alternatives to punishment, focusing on diversions. This thesis deals mainly with two diversions in criminal proceedings, which are conditional discontinuance of prosecution and settlement. These diversions are defined and compared using the method of literature search. The second chapter is devoted in detail to the legal conditions for the application of the CDCP. In particular, it discusses in more detail the concept of the offence, the circumstances of the accused's confession and his consent to the application of the CDCP. This chapter also discusses the obligation of the accused to compensate for the damage and to hand over the unjust enrichment and, last but not least, a part is also devoted to the specification of when the application of the CDCP can be considered a sufficient solution. Subsequently, the third chapter is again theoretical and describes the settlement in more detail. It first compares which conditions are the same for a CDCP and a settlement and then discusses...
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Settlement in criminal proceedings
Diviš, Marek ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
This diploma thesis focuses on the institute of settlement in Czech criminal proceedings. This type of diversion, which was introduced into Czech law in 1995 as only the second alternative method of settling a case, reflects to the highest extent the elements of restorative justice. Not only does it place the greatest emphasis on the position of the damaged party throughout the proceedings compared to other diversions, where, for example, his consent to the settlement procedure or consent to the resulting form of the settlement is required, but at the same time it allows for an attempt to reconcile the relationships disturbed by the commission of the crime to the full extent, mainly thanks to the personal (and often moderated) negotiations that take place between the accused and the damaged party. It also presents a number of advantages for the defendant over other diversions or standard proceedings. It allows him to avoid a court pronouncement of punishment and guilt, and at the same time, in the event of a favorable settlement decision, to have the prosecution for his offence immediately discontinued. The main part of my diploma thesis first discusses the various conditions that must be met in order to benefit from a settlement, including a critical look at them. Although it might seem that,...
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Alternative Solution of Criminal Proceedings Besides Standard Criminal Proceedings Focused on Conditional Suspension of Prosecution and Settlement
SLABÝ, Václav
The work is about ways of punishment of offenders of less serious offences within alternative solution of criminal proceedings. It is focused on two types of diversion from standard criminal proceeding, specifically on conditional suspension of prosecution and settlement. There is shown the way of punishment of offenders in particular historical eras documenting change of society's bearing of crime and offenders. Than it defines theoretical ways out for implementation of alternatives into criminal law and description of system of alternatives in valid criminal law in the Czech Republic. Main focus is given to definition of institute of conditional suspension of prosecution and institute of settlement including conditions for its application and cross comparison of such diversion from standard criminal proceedings. It is not forgotten the role of Probation and Mediation service of the Czech Republic by application of such diversion into practice.
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Settlement in criminal proceedings
Skolil, Ondřej ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Settlement in criminal proceeding - Abstract The topic of this diploma thesis is settlement in criminal proceedings, which is one of the diversions, which has had its position in our criminal procedure law for more than 20 years. The settlement is a diversion, which contains the most restorative justice principles. This is the reason, why the text of this thesis does not only deal with the settlement itself, but also with other diversions, as well as with the restorative justice principles. The main objective of this principle is not punishing the offender, but restoring the disturbed relationships between the offender and the victim. Despite the fact that the settlement is beneficial for defendant, because it leads to cessation of prosecution, for victim, who has an easier access to obtain their compensation and also for the whole society, because it prevents the defendant to commit other crimes, it is not used so often in practice as much as for example conditional suspension of criminal prosecution. The thesis is divided into three chapters. The first chapter deals with the term diversion, restorative justice function principles and then with all types of diversions, which are enacted by our criminal procedure law. The statistics then show sometimes giant differences in the usage of particular types of...
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Settlement in criminal proceedings
Marcinik, Adam ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Settlement in Criminal Proceedings - Abstract The purpose of my thesis is to analyze specifically one type of diversion in criminal proceedings - settlement. Part of this thesis also explains alternative measures and diversions in general. The reason for my research is finding that settlement in criminal proceedings has currently limited use, for example in comparison with conditional suspension of criminal prosecution. For this reason, the thesis attempts to identify reasons for this limited use of settlement and submits proposals of regulation that would increase number of settlements. Further goal of the paper is the attempt to define the role of the settlement in the Czech Criminal Law, the evolution of this diversion, the benefit of this diversion and also the problems of current legislation. The thesis is composed of five chapters, each of them dealing with different aspects of diversions, especially the settlement. Chapter One is introductory and is dedicated to alternative measures and general topics, such as principles of restorative justice and its historical development. Chapter Two examines diversions in criminal proceedings and takes care of specific aspects of this legislation. The rest of the thesis explores settlement. Chapter Three investigates the fundamental characteristics of settlement....
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Settlement in criminal proceedings
Neužil, Zdeněk ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
This diploma thesis addresses issues of the institute of settlement in. The institute of settlement is one of the diversions in criminal proceedings. Diversions (divergences) in criminal proceedings are construed as special types of criminal proceedings, alternative to standard hearing of a case in main trial, within which the criminal case can be settled. The institute of settlement was incorporated into the Czech Criminal Procedure Code by the amendment n. 152/1995 Sb., that became effective on 1st September 1995. The essence of the institute of settlement is a conclusion of an agreement between the accused person and the damaged person. Such agreement is then approved and the criminal prosecution against the accused person is therefore terminated. It is thus achieved the settlement and elimination of the confrontation which was caused as a result of the committed crime between the accused person and the damaged person concerned. Title: Settlement in criminal proceedings Key words: Settlement; settlement of the confrontation between the accused person and the damaged person; approval of the settlement; diversion in criminal proceedings; Code of criminal procedure; restorative justice
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Conditional suspension of criminal prosecution and the settlement as a kind of diversion in the criminal procedure
Kopecký, Adam ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The submitted thesis comprehensively deals with the institutes of conditional suspension of criminal prosecution and settlement. These institutes are kinds of the diversion which includes Czech legal order in the criminal proceedings. The thesis is divided into five main parts. Part one introduces diversion and deals with the causes of its implementation in Czech legal system mainly due to the concept of restorative justice. Furthermore, it complies the diversion as a diversion of standard criminal proceedings and tries to theoretically define its position in the system of alternative punitive measures. The second part is devoted to the institute of conditional suspension of criminal prosecution, including an institute of suspension of the proposal for punishment which can be applied in the summary proceedings. The third part of the thesis deals with the institute of settlement. Both these parts rigorously describe and analyze the terms and conditions of application of these institutes and also mention the proceedings for them. In the fourth part there can can be found the author's reflections about the possible changes and improvements of these institutes within the Czech legal system in spite of de lege ferenda. The comparison of quantitative usage of both intstitutes in the application practices...
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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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