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Agreement on guilt and punishment
Koblasová, Jana ; Bohuslav, Lukáš (referee)
Agreement on guilt and punishment Abstract The subject of the work is the institute of an agreement on guilt and punishment as a special way of handling criminal cases. The essence of an agreement on guilt and punishment is an agreement between the public prosecutor and the accused, in which the accused confesses to committing the act for which he is being prosecuted, in exchange for imposing a lesser punishment than that which would threaten him in standard criminal proceedings. It is a form of diversion in criminal proceedings, which is intended to speed up and simplify criminal proceedings. The agreement on guilt and punishment is enshrined in the Czech legal system for a relatively short period of time. It was introduced in 2012. As the guilt and punishment agreement did not materialize in practice in the following years, certain changes had to be made. These occurred in 2020 when, for example, an agreement on guilt and punishment was made possible for particularly serious crimes. The work is structured into six chapters. The first chapter deals with the question of whether it is possible to classify the agreement on guilt and punishment among the diversions in criminal proceedings. To answer this question, it was necessary to clarify the very concept of diversion. The work also briefly deals with the...
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Consensual Ways of Processing Criminal Cases
Tesnerová, Tereza ; Mulák, Jiří (advisor) ; Vokoun, Rudolf (referee)
The topic of this thesis is consensual ways of processing criminal cases. In the introduction, the basic models of criminal justice are analyzed, specifically adversarial procedure coming from the Anglo-American legal culture and inquisitorial procedure by origin from the continental legal system. The text deals with their historical development, basic characteristics and distinguishing features. The essence of the chapter is the influence of the interweaving of elements of these systems on the basic principles of continental criminal procedure with an accent on the recent amendment of the Criminal Code No. 333/2020 Coll. The second part of the thesis is devoted to the agreement on guilt and punishment, guilty plea, undisputed facts and marginally also the criminal warrant. These are consensual ways of processing criminal cases that cannot be classified as a subset of diversions. This is mainly due to their condemning meritorious essence and purpose, which is primarily an effort to rationalize criminal justice, i.e. to speed it up and make it more efficient. The third part deals with diversions in the narrower sense, or traditional diversions, which are conditional discontinuance of criminal prosecution, conditional delaying of submission of a proposal for punishment, approval of settlement and...
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Agreement on guilt and punishment
Bolek, Tobiáš ; Říha, Jiří (advisor) ; Bohuslav, Lukáš (referee)
The subject of this master's dissertation is agreement on guilt and punishment, which was incorporated into the Czech legal system in 2012. It is one of the juridical institutes that intends to achieve faster and more effective criminal proceeding. The agreement on guilt and punishment is inspired by a similar juridical institute of plea bargain originating from the Anglo-American legal system. The essence of agreement on guilt and punishment is the conclusion of an agreement between the prosecutor and the accused, whereby the prosecutor may offer a lighter sentence to the accused in exchange for a declaration by the accused that he has committed the act for which he is being prosecuted. This is an alternative form of proceeding, as the accused can avoid the standard form of criminal proceeding altogether by entering into this agreement. In the first chapter, I discuss the history of the legislative process, as the institute of agreement on guilt and punishment in the Czech Republic has undergone a rather complicated process. I also deal in detail with older legislative attempts, as many academic works on the same or similar topics do not pay much attention to older proposals. In the second chapter, I analytically describe and comment on the current legal regulation of agreement on guilt and...
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Diversions in criminal proceedings with special focus on agreement on guilt and punishment
Chudobová, Anna ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
133 Diversions in criminal proceedings with special focus on agreement on guilt and punishment Abstract The subject of the submitted rigorous thesis is diversions in criminal proceedings, with a special focus on the institution of the agreement on guilt and punishment. In general terms, it can be said that these procedural alternatives to the classical course of proceedings currently represent a very actual and dynamically developing issue, which, even though it often arouses controversy, is at the same time a means, through which the domestic criminal procedure is being modernised. Diversions do not only serve as a means of rationalisation of criminal proceedings, but also reflect the principles and ideas of restorative justice, which is increasingly mentioned as a direction in which the Czech criminal policy could develop in the future. The aim of the thesis is to provide a comprehensive view of these alternative ways of conducting criminal proceedings, with a detailed focus on the institution of the agreement on guilt and punishment, including a critical evaluation of it, a presentation of problematic aspects in theory and practice, and a proposal of possible changes de lege ferenda. The first part of the thesis focuses on the introduction of the concept of restorative justice, i.e. its development,...
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Agreement on guilt and punishment
Skolil, Ondřej ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Agreement on guilt and punishment - Abstract The topic of this rigorous thesis is an institute of an agreement on guilt and punishment, which is one of the diversions in criminal proceedings that is regulated by our criminal law. Given that the institute of the agreement on guilt and punishment is conceptually subordinated to just mentioned concept of diversions in criminal proceedings, this thesis does not deal only with the institute of agreement on guilt and punishment, but also with all other diversions in criminal proceedings, which are regulated by our criminal law. The main usage goal of the institute of an agreement on guilt and punishment is to simplify and speed up the entire criminal proceedings, when thanks to a conclusion of an agreement on guilt and punishment, the entire criminal proceedings can come to a successful conclusion relatively quickly. This thesis is divided into three chapters. The first chapter deals with the concept of diversion in criminal proceedings, the principle of so-called restorative justice, as well as with all the individual diversions in criminal proceedings (with the exception of the institute of the agreement on guilt and punishment). Part of this chapter are also statistics, thanks to which the reader of this thesis can find out to what extent the diversion is used...
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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.
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Agreement on guilt and punishment
Koblasová, Jana ; Říha, Jiří (advisor) ; Tejnská, Katarína (referee)
Agreement on guilt and punishment Abstract The subject of the work is the institute of an agreement on guilt and punishment as a special way of handling criminal cases. The essence of an agreement on guilt and punishment is an agreement between the public prosecutor and the accused, in which the accused confesses to committing the act for which he is being prosecuted, in exchange for imposing a lesser punishment than that which would threaten him in standard criminal proceedings. It is a form of diversion in criminal proceedings, which is intended to speed up and simplify criminal proceedings. The agreement on guilt and punishment is enshrined in the Czech legal system for a relatively short period of time. It was introduced in 2012. As the guilt and punishment agreement did not materialize in practice in the following years, certain changes had to be made. These occurred in 2020 when, for example, an agreement on guilt and punishment was made possible for particularly serious crimes. The work is structured into six chapters. The first chapter deals with the question of whether it is possible to classify the agreement on guilt and punishment among the diversions in criminal proceedings. To answer this question, it was necessary to clarify the very concept of diversion. The work also briefly deals with the...
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The reflection of the Anglo-American institute of the agreement on guilt and punishment in the chosen European countries
Pavlát, Josef ; Mulák, Jiří (advisor) ; Heranová, Simona (referee)
The reflection of the Anglo-American institute of the agreement on guilt and punishment in the chosen European countries Abstract The goal of this thesis is to describe which elements of an Anglo-American institute of the agreement on guilt and punishment (represented by the American federal legal regulation as the most influential regulation of this institute) are reflected in legal regulations of an agreement on guilt and punishment in chosen European countries (Slovakia and the Czech Republic) by a detailed analysis of particular legal regulations. This thesis is supposed to inform about the history of the institute of the agreement on guilt and punishment in countries of its origin (England, Wales and the USA) including its spreading into countries with European continental law tradition. The thesis is systematically divided into four chapters. The first chapter discusses the history of the institute of the agreement on guilt and punishment and individual subchapters describe historical development in the USA, historical development in England and Wales including its spreading into countries with European continental law tradition, the author also gives reasons why this is happening. The second chapter is focused on defining of key concepts of the thesis which are 'plea bargaining', the agreement on...
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Agreement on guilt and punishment
Alakšová, Lucia ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
in English This thesis focuses on the institute of the agreement on guilt and punishment, which has been incorporated in Czech criminal procedure code by the Act No. 193/2012 Coll. with effectuality from 1st September 2012. The main purposes of the incorporation of the agreement on guilt and punishment in Czech legal system were the acceleration and better efficiency of criminal proceedings and unloading the courts. Besides introduction and ending this thesis is divided into seven chapters. The first chapter deals with the diversions in Czech criminal proceedings. The second chapter is addressed to the excursus into world history of plea bargaining, the third chapter introduces the early stages of agreement on guilt and punishment in Czech Republic. The next fourth chapter analyses in detail the existing legal regulation of agreement on guilt and punishment in Czech Republic. The fifth chapter focuses on the existing foreign legal regulations of agreement on guilt and punishment, especially Slovak and German legal regulation. The sixth chapter discusses frequent arguments for and against the institute of agreement on guilt and punishment. The last seventh chapter deals with the practical experiences in application of agreement on guilt and punishment in Czech Republic and Slovak Republic. In...
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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...
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