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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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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...
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