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Agreement Upon Guilt and Punishment as a Tool for Safeguarding Rights of the Accused
Podliska, Vojtěch ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The vast majority of all criminal cases is dealt by so-called diversions of criminal proceedings as the alternative way of dealing with criminal cases. The diploma thesis deals with an agreement on guilt and punishment, which can be considered as this type of special criminal proceedings. Although plea bargaining (agreement on guilt and punishment) is quite a new topic to the Czech legal system, it is often discussed among scholars. In the thesis, I will describe plea bargaining concerning its impact on the rights of the accused. The thesis is divided into 10 chapters, including an introduction and a conclusion. In the beginning (chapters 1 and 2), I will focus on the description of diversions of criminal proceedings as well as plea bargaining. In the chapter 3, I will describe the legal regulation of plea bargaining under the Czech Code of Criminal Procedure. Then, I will focus on the specific areas of plea bargaining having the greatest impact on the rights of the accused, especially the role of the court of law in plea bargaining, its application within the framework of cases with multiple accused and securing of free will of the accused in entering into plea agreement (chapters 4-9). The final part contains legislative proposals de lege ferenda and conclusion (chapters 9 and 10). The outcome of...
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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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An agreement on guilt and punishment
Bořuta, Jan ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This thesis is dedicated to legal institute of plea bargaining which has been adopted to Czech criminal procedure law on September 1, 2012. The plea bargaining law in the Czech Republic is highly influenced by plea bargaining practise used in different forms in various common law jurisdictions. The thesis is divided into three basic chapters. First chapter of this thesis describes overall background and reasons for adoption of plea bargaining into Czech law. In this chapter the author presents and analyses reasons and desired results the Czech legislature pursues by adoption of plea bargaining and its usage in practise. Second chapter provides a critical view of relation of plea bargaining with the rest of Czech criminal procedure regulation, especially an interaction of plea bargaining with fundamental principles of criminal procedure. Third chapter focuses on whole procedure related to plea bargaining as regulated by current law. This chapter describes and analyses positions of all parties to the process concerned, plea bargaining negotiation process itself and its legal limits. Furthermore it depicts and examines the process of court hearing and position and role of the court within it. The third chapter also concerns several legal measures laid down in order to secure compliance of the plea...
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The reflection of the Anglo-American institute of the agreement on guilt and punishment in the chosen European countries
Pavlát, Josef ; Mulák, Jiří (advisor) ; Heranová, Simona (referee)
The reflection of the Anglo-American institute of the agreement on guilt and punishment in the chosen European countries Abstract The goal of this thesis is to describe which elements of an Anglo-American institute of the agreement on guilt and punishment (represented by the American federal legal regulation as the most influential regulation of this institute) are reflected in legal regulations of an agreement on guilt and punishment in chosen European countries (Slovakia and the Czech Republic) by a detailed analysis of particular legal regulations. This thesis is supposed to inform about the history of the institute of the agreement on guilt and punishment in countries of its origin (England, Wales and the USA) including its spreading into countries with European continental law tradition. The thesis is systematically divided into four chapters. The first chapter discusses the history of the institute of the agreement on guilt and punishment and individual subchapters describe historical development in the USA, historical development in England and Wales including its spreading into countries with European continental law tradition, the author also gives reasons why this is happening. The second chapter is focused on defining of key concepts of the thesis which are 'plea bargaining', the agreement on...
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Plea Bargaining at International Criminal Courts
Bartizalová, Markéta ; Bohuslav, Lukáš (referee)
S C H O O L O F L AW M A S A RY K U N I V E R S I T Y T H E O R E T I C A L L E G A L S C I E N C E S C R I M I N A L L A W D E P A R T M E N T ABSTRAC T DI S S E RTAT I O N TH E S I S P L E A B A R G A I N I N G A T I N T E R N A T I O N A L C R I M I N A L C O U R T S M A R K É TA B A RT I Z A L O V Á 2 0 1 6 ABSTRACT The subject of this thesis is the practice of plea bargaining in international criminal courts. The thesis generally deals with functions of international criminal law and goals of international criminal tribunals. Critical analysis of whether use of plea bargaining is compatible with these functions and goals follows. Based on research of existing practice of the courts and disputation on arguments of supporters and critics of plea bargaining, the thesis comes to the conclusion, that even though plea bargaining might, in some cases, prove itself as a useful tool for international justice, it remains highly controversial and must be used with the highest caution. If used inappropriately it very easy may cause much damage a may have fatal impact on evaluation of the practice of international criminal tribunals, their legitimacy, and together with that on evolution of international criminal law in general. KEY WORDS international criminal law, plea bargaining, international criminal tribunals,...
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Plea Bargaining at International Criminal Courts
Bartizalová, Markéta ; Bohuslav, Lukáš (referee)
S C H O O L O F L AW M A S A RY K U N I V E R S I T Y T H E O R E T I C A L L E G A L S C I E N C E S C R I M I N A L L A W D E P A R T M E N T ABSTRAC T DI S S E RTAT I O N TH E S I S P L E A B A R G A I N I N G A T I N T E R N A T I O N A L C R I M I N A L C O U R T S M A R K É TA B A RT I Z A L O V Á 2 0 1 6 ABSTRACT The subject of this thesis is the practice of plea bargaining in international criminal courts. The thesis generally deals with functions of international criminal law and goals of international criminal tribunals. Critical analysis of whether use of plea bargaining is compatible with these functions and goals follows. Based on research of existing practice of the courts and disputation on arguments of supporters and critics of plea bargaining, the thesis comes to the conclusion, that even though plea bargaining might, in some cases, prove itself as a useful tool for international justice, it remains highly controversial and must be used with the highest caution. If used inappropriately it very easy may cause much damage a may have fatal impact on evaluation of the practice of international criminal tribunals, their legitimacy, and together with that on evolution of international criminal law in general. KEY WORDS international criminal law, plea bargaining, international criminal tribunals,...
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Agreement on guilt and punishment
Alakšová, Lucia ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
in English This thesis focuses on the institute of the agreement on guilt and punishment, which has been incorporated in Czech criminal procedure code by the Act No. 193/2012 Coll. with effectuality from 1st September 2012. The main purposes of the incorporation of the agreement on guilt and punishment in Czech legal system were the acceleration and better efficiency of criminal proceedings and unloading the courts. Besides introduction and ending this thesis is divided into seven chapters. The first chapter deals with the diversions in Czech criminal proceedings. The second chapter is addressed to the excursus into world history of plea bargaining, the third chapter introduces the early stages of agreement on guilt and punishment in Czech Republic. The next fourth chapter analyses in detail the existing legal regulation of agreement on guilt and punishment in Czech Republic. The fifth chapter focuses on the existing foreign legal regulations of agreement on guilt and punishment, especially Slovak and German legal regulation. The sixth chapter discusses frequent arguments for and against the institute of agreement on guilt and punishment. The last seventh chapter deals with the practical experiences in application of agreement on guilt and punishment in Czech Republic and Slovak Republic. In...
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Role of Plea Bargaining in the USA
Doležal, Martin ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Role of Plea Bargainingin the US The aim of this thesis is to explain to the reader the term Plea Bargaining, to explain the principles of this legal institute and its role in the penal system of the United States of America. The Author does not only describe the Plea Bargaining, but also analyses the institute thoroughly, accenting its positive and negative aspects, considering the point of view of the particular participants of the process. Last but not least, the thesis contains the author's critical evaluation. The institute of Plea Bargaining appears in the common law system from the second half of the nineteenth century, while evincing a quantitative growth in the long term. Currently, it is being used in the absolute majority of penal proceedings, and a change in this trend can in no way be expected in the closest future - therefore, this institute shall be considered as absolutely indispensable for the law of the United States of America. Despite its wide use, its application also gives rise to negative emotions. Relatively often, there are opinions appearing, questioning its legitimacy and legality, for Plea Bargaining is not regulated in the statute law and is not only directly contrary to the Constitution of the United States of America, but also to multiple international treaties on...
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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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Agreement on Guilt and Punishment
Zaoralová, Petra ; Jelínek, Jiří (advisor) ; Herczeg, Jiří (referee)
The submitted thesis is addressed to the institute of Agreement on Guilt and Punishment which has been adopted to the Czech criminal proceedings by the amendment to the Criminal Procedure Code, the Act no. 193/2012 Coll., as effective of 1 September 2012. The inspiration of implementing the new procedural institute was drawn from the Anglo-Saxon institute of "Guilty Plea" which was modified and adapted to the Czech legal environment. The Czech legislator has significantly diverged from fundamental theoretical grounds commonly recognized in other countries abroad while setting up such application conditions which has legitimately risen debates questioning the position of the Agreement on Guilt and Punishment in the Czech legal system itself. The thesis is divided into six chapters. The introductory chapter deals with systematic and ideological foundations of plea bargaining and summarizes the reasons why has been originally Anglo-Saxon institute progressively implemented to many continental legal systems across Europe. Second chapter offers the summary of valuable international case law and presents the plea bargaining process from the view of European Court of Human Rights. Third chapter focuses on legislation related to the Agreement on Guilt and Punishment in other continental law jurisdictions laying...
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