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Plea bargain: comparison of Czech and German regulation
Sakařová, Michaela ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This master's thesis deals with the institute of agreement process that originates in anglo-american plea bargain, which has been implemented in many criminal proceedings within the countries of continental Europe. Civil law based countries are using agreements in different forms during their criminal proceedings as an alternative to common trials. Its purpose is to make them faster and more simple. Every agreement is different from each other, but one common element is that accused person pleads guilty of crimes he/she is being prosecuted for and also that the authorities involved in given criminal proceeding are willing to make concession in punishment of the prosecuted. Even though this type of solution to overburdened authorities active in criminal proceedings seems to be quite positive, there are some critics that find this method in conflict with some basic principals of continental criminal proceeding. This thesis introduces the agreement process in general view, briefly examines its origins and focuses mainly on its legislation in the Czech Republic and Germany. Legislative force in the Czech Republic implemented the agreement on guilt and punishment into criminal proceedings by an amendment of Criminal Procedure Code No. 193/2012 Sb. as a completely new diversion, respectively as special...
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Juvenile criminal proceedings
Sakařová, Michaela ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
This thesis deals with juvenile justice and focuses mainly on procedural issues of punishment of juvenile criminality, which considerably differs from punishment of adult offenders. The need for specific treatment of youth comes from experience with mental development of adolescents which is not fully finished at their age, and that is why we need to approach them carefully as they need greater care and protection. A number of international documents also call for a more prudent approach to juvenile offenders. Juvenile criminal law presents the sum of deviations from the general arrangement that can be used only in relation to juvenile delinquents and whose aim is to protect them against criminal future and guide them into finding suitable social position. Czech Republic regulates juvenile criminal liability, its sanctioning and procedures of solution to criminality by Juvenile Justice Act No. 218/2003 Coll. This Act divides the youth into not criminally liable children under the age of fifteen and criminally liable juveniles in the age between fifteen and eighteen. Criminal proceedings against juveniles and proceedings for unlawful action committed by children under the age of fifteen differ from each other, but also differ from criminal proceedings as covered by the Code of Criminal Procedure....
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Plea bargain: comparison of Czech and German regulation
Sakařová, Michaela ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This master's thesis deals with the institute of agreement process that originates in anglo-american plea bargain, which has been implemented in many criminal proceedings within the countries of continental Europe. Civil law based countries are using agreements in different forms during their criminal proceedings as an alternative to common trials. Its purpose is to make them faster and more simple. Every agreement is different from each other, but one common element is that accused person pleads guilty of crimes he/she is being prosecuted for and also that the authorities involved in given criminal proceeding are willing to make concession in punishment of the prosecuted. Even though this type of solution to overburdened authorities active in criminal proceedings seems to be quite positive, there are some critics that find this method in conflict with some basic principals of continental criminal proceeding. This thesis introduces the agreement process in general view, briefly examines its origins and focuses mainly on its legislation in the Czech Republic and Germany. Legislative force in the Czech Republic implemented the agreement on guilt and punishment into criminal proceedings by an amendment of Criminal Procedure Code No. 193/2012 Sb. as a completely new diversion, respectively as special...
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