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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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Settlement in criminal proceedings
Skolil, Ondřej ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Settlement in criminal proceeding - Abstract The topic of this diploma thesis is settlement in criminal proceedings, which is one of the diversions, which has had its position in our criminal procedure law for more than 20 years. The settlement is a diversion, which contains the most restorative justice principles. This is the reason, why the text of this thesis does not only deal with the settlement itself, but also with other diversions, as well as with the restorative justice principles. The main objective of this principle is not punishing the offender, but restoring the disturbed relationships between the offender and the victim. Despite the fact that the settlement is beneficial for defendant, because it leads to cessation of prosecution, for victim, who has an easier access to obtain their compensation and also for the whole society, because it prevents the defendant to commit other crimes, it is not used so often in practice as much as for example conditional suspension of criminal prosecution. The thesis is divided into three chapters. The first chapter deals with the term diversion, restorative justice function principles and then with all types of diversions, which are enacted by our criminal procedure law. The statistics then show sometimes giant differences in the usage of particular types of...
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