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Plea bargaining and other alternative criminal procedures
Hás, Petr ; Montag, Josef (advisor) ; Drápal, Jakub (referee)
Agreement on guilt and punishment and alternative criminal proceedings Abstract This thesis deals with alternative criminal proceedings and agreement on guilt and punishment in the first place. The agreement on guilt an punishment as an institute has no tradition in the Czech legal order and was introduced into Czech law due to influence of common law. The agreement is seen as an alternative solution in comparison to usual criminal procedure which is shortened due to the aforementioned agreement. The crucial role is played by time - in which stage of criminal prosecution the agreement is concluded: if the conclusion of the agreement takes place immediately after the initiation of the criminal prosecution, later on but ahead of bringing an indictment or whether the agreement is entered into during judicial proceedings or later in a court of appeals. The agreement constitues possibility for a defendant and his defence lawyer to avoid criminal trial and bringing of indictment related to it. Proving guilt and collecting evidence are avoided too. All that is possible due to statement of the defendant that he or she commited deed for which the defendant is prosecuted. This thesis is divided into two main chapters. The first one is focused on the agreement as a whole, its legal definitions and on the point of view...

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