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Penal order in Czech-Slovak comparison
Štefánik, Ondrej ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
Penal order in Czech-Slovak comparison The presented thesis deals with the Czech and Slovak legal regulation of the institute of penal order as a decision as to the merits of the case in criminal matters, which can be ruled under the prescribed legal conditions in written procedure. Such decision can be ruled only on the basis of information gathered in the file and without the taking of evidence in a proper trial. The work is divided into five main chapters in order to maintain clarity and logical structure. The first chapter deals with general considerations of a penal order as a diversion and a decision in criminal proceedings. The second chapter is devoted to the constitutional law issues of conformity of the criminal order with the right to a fair trial, the right to a public hearing, the principle of the presumption of innocence and the right to defense. The third chapter presents the historical excursion into the development of the legal regulation of the penal order in the Czech Republic, respectively in the former Czechoslovakia. It deals with pre-war, socialist and post-November legislation. The fourth chapter describes and evaluates the current Czech legal regulation of the penal order and the fifth chapter compares it with the Slovak legislation. Both chapters deal with the general...
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Penal order
Šelleng, Dalibor ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
Resumé in english The submitted rigorosum thesis deals with problems of penal order as specified in the current legal regulation of § 314e and following, Act No. 141/1961 Sb., Criminal Procedure Code. In general, the penal order represents a legal institute, which is used by bodies responsible for criminal proceedings, mostly by court, to offer, upon their findings, interested parties to solve a criminal case of low seriousness without having public hearings before a court. The proposal is submitted in writing and contains at least a verdict of guilty and sanction verdict. If the interested parties agree with the submitted proposal, expressly or tacitly, the proposal will be legally binding. The penal order may be also considered a type of decision in criminal proceedings, which has its dual nature. At first, it is a procedural offer made to an accused, and i fit is accepted, then the penal order transforms itself into a decision on merits. The thesis is divided into four chapters: In the first chapter the emphasis is put on an introduction of the penal order in a broader context with aim to subscribe its purpose and I try to subsume it under such terms as judicial decision, special type of proceedings and diversion. The second chapter is dedicated to the historical development of legal regulation of the...
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