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Diversions in criminal proceedings
Daňková, Jana ; Tlapák Navrátilová, Jana (advisor) ; Mulák, Jiří (referee)
Diversions in criminal proceedings Abstract The topic of the thesis is diversions in criminal proceedings which have been firmly rooted in the Czech legal system for many years but there is still space for their development as the amendment to the Criminal Procedure Code from 2020 has shown. The thesis is devoted to diversions in criminal proceedings in their broader concept, which includes conditional discontinuance of criminal prosecution, settlement, criminal order, conditional postponement of filing a motion for punishment, postponement of the case with simultaneous approval of settlement, agreement on guilt and punishment and finally withdrawal from criminal prosecution in the case of juvenile offenders. The first and the second part of the thesis is rather theoretical and focuses on the explanation of the very concept of diversions in criminal proceedings, their purpose for criminal proceedings and their significance for the Czech legal system as well as on the systematics of diversions in criminal proceedings for better orientation and explanation for other parts of the thesis. The third part is then devoted to the history of diversions in criminal proceedings, in particular, it explains by what law and for what purpose the given diversion was included in the Czech legal system and how diversions in...
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Conditional discontinuance of criminal prosecution and settlement in prosecutorial practice - comparison
Blažková, Kristýna ; Šámal, Pavel (advisor) ; Bohuslav, Lukáš (referee)
Conditional discontinuance of criminal prosecution and settlement in prosecutorial practice - comparison At the outset, the first chapter outlines the possible alternatives in criminal proceedings and describes the principles of restorative justice. Following this, the thesis also elaborates on alternative sentences and alternatives to punishment, focusing on diversions. This thesis deals mainly with two diversions in criminal proceedings, which are conditional discontinuance of prosecution and settlement. These diversions are defined and compared using the method of literature search. The second chapter is devoted in detail to the legal conditions for the application of the CDCP. In particular, it discusses in more detail the concept of the offence, the circumstances of the accused's confession and his consent to the application of the CDCP. This chapter also discusses the obligation of the accused to compensate for the damage and to hand over the unjust enrichment and, last but not least, a part is also devoted to the specification of when the application of the CDCP can be considered a sufficient solution. Subsequently, the third chapter is again theoretical and describes the settlement in more detail. It first compares which conditions are the same for a CDCP and a settlement and then discusses...
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Conditional discontinuance of criminal prosecution
Nacházel, Vojtěch ; Šámal, Pavel (advisor) ; Gřivna, Tomáš (referee)
This diploma thesis focuses on issues connected with conditional discontinuation of criminal prosecution. This concept enables to temporarily suspend criminal prosecution with the provision that if the accused complies with certain set conditions during a certain probation period, the criminal prosecution will be discontinued with final effect. This paper chiefly aims to analyse in detail the conditions required by the Code of Criminal Procedure for the application of conditional discontinuation of criminal prosecution. The paper also presents a brief analysis of the conditions required for other diversions of criminal proceedings permitted under Czech laws. This diploma thesis consists of the introduction, five individual chapters, of which the third and fourth are further divided into subchapters, and the conclusion. The first chapter deals with the concept of restorative justice, which serves as the ideological basis for procedural diversions. An analysis of its individual values, principles and ideas is presented. The first chapter also includes an outline of the programmes under which restorative justice is being developed. The conclusion of this chapter contains the author's thoughts concerning the individual programmes and their implementation in the Czech legislation. The second chapter...
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Conditional discontinuance of criminal prosecution
Žďánský, Michal ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Conditional discontinuance of criminal prosecution is a method for alternative dispute resolution of criminal cases, also labelled "diversions" by the professional public. It is a criminal procedural measure allowed to be used for case settlement by the court and at the pre-trial stage by the public prosecutor on conditions laid down in the Criminal Code. If the accused committed minor offence and afterwards pleaded guilty; compensated for damages; returned unjust enrichment, or concluded a contract to compensate for damages or to return the unjust enrichment; or he has taken other necessary measures to do so, the determining authority can - with consideration of the accused's character - thereafter decide to conditionally discontinue criminal prosecution. If the accused has committed a serious offense, the public prosecutor or the court may take such decision only if the accused fulfills additional and stricter condition. That is, a probationary period must be determined in the resolution phase, obligating the accused to behave in an orderly way for its duration. If this condition is met, the determining authority will rule that the accused proved himself and then subsequently discontinue criminal prosecution. Otherwise, prosecution will continue, which can potentially lead to indictment and...
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Conditional discontinuance of criminal prosecution
Kábrtová, Alexandra ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
This master thesis concerns itself with the alternative procedural measure, the institute of conditional discontinuance of criminal prosecution and some of its relating issues. Conditional discontinuance of criminal prosecution is a type of diversion. It is employed by public prosecutors, or courts, to suspend the further criminal prosecution of those who are accused of committing less serious criminal offence. This is carried on the condition that the accused individual is presented with the opportunity to observe the behavioural rules of proper life throughout the probationary period. Should there be proof of the individual's observation of the rules, the decision regarding his/her case becomes final. However, should the accused fail to observe such rules during the probationary period, then the public prosecutor, or the court, for that matter, rule in favour of furthering his/her prosecution (albeit this rarely takes place in practice). Conditional discontinuance of criminal prosecution is a type of diversion designed to reduce the burden on law enforcement authorities. It is based on the idea of restorative justice with an emphasis on the victim and his/her interests. The primary objective is to bring the accused to the victim and compensate the damages. Before the ruling, it is not necessary...
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Conditional discontinuance of criminal prosecution
Kozojed, Jakub ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The master thesis addresses the institute of the conditional discontinuance of criminal prosecution. Being one part of divergences, the core of the conditional discontinuance of criminal prosecution lays in temporally suspension of further criminal proceeding with a premise of its definitive suspension if the legal requirements are met. Except for the introductory part and the conclusion, the thesis is divided into three main chapters. The first chapter is devoted to the concept of restorative justice and deals also with a concept of divergences. In addition to the definition of the divergence the thesis addresses adequately particular types of divergences as they appear in Czech criminal proceedings. The core of the thesis shall be found in the chapter number two, which provides a closer look at the conditional discontinuance of criminal prosecution itself. Through all the paragraphs in this chapter the conditions of an application of the conditional suspension, the course of the probation period and particularities of this proceeding are being dealt with. Furthermore, the chapter includes also a summarization of an evolution of the law, as well as a brief study of a Slovak conception of conditional discontinuance of criminal prosecution. In the closing chapter several de lege ferenda thoughts are...
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Conditional discontinuance of criminal prosecution
Plávková, Andrea ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Conditional discontinuance of criminal prosecution is an institute that was introduced into Czech criminal procedure law more than twenty years ago. Over the years, this alternative way of handling criminal cases has become the most commonly used (in the last four years, the second most commonly used) means of all alternative ways called diversions. This diversion is used by both prosecutors and courts in cases of less serious criminal offenses. The point of conditional discontinuance of criminal prosecution is the decision of the prosecutor or the court not to initiate criminal court proceedings or cease them under certain conditions, the most important of them being the offender reimbursing the injured party for the damages caused by the crime. The goal of the author of this thesis is to briefly write about the history of alternative ways of handling criminal cases and their introduction into Czech criminal law, then to move on to specifically discussing the institute of conditional discontinuance of criminal prosecution, the conditions that must be met for its use, the benefits it brings into Czech criminal law and criminal proceedings and to compare it with other types of diversions, as well as with the use of the same institute in Slovak criminal law under slightly different conditions. The...
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Conditional discontinuance of criminal prosecution
Nacházel, Vojtěch ; Šámal, Pavel (advisor) ; Gřivna, Tomáš (referee)
This diploma thesis focuses on issues connected with conditional discontinuation of criminal prosecution. This concept enables to temporarily suspend criminal prosecution with the provision that if the accused complies with certain set conditions during a certain probation period, the criminal prosecution will be discontinued with final effect. This paper chiefly aims to analyse in detail the conditions required by the Code of Criminal Procedure for the application of conditional discontinuation of criminal prosecution. The paper also presents a brief analysis of the conditions required for other diversions of criminal proceedings permitted under Czech laws. This diploma thesis consists of the introduction, five individual chapters, of which the third and fourth are further divided into subchapters, and the conclusion. The first chapter deals with the concept of restorative justice, which serves as the ideological basis for procedural diversions. An analysis of its individual values, principles and ideas is presented. The first chapter also includes an outline of the programmes under which restorative justice is being developed. The conclusion of this chapter contains the author's thoughts concerning the individual programmes and their implementation in the Czech legislation. The second chapter...
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Conditional discontinuance of criminal prosecution
Zemanová, Zuzana ; Herczeg, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
The topic of this thesis is conditional discontinuance of criminal prosecution. This institute is one of the alternative ways of handling the criminal case, which are collectively called diversions. Their theoretical basis is a concept called restorative justice. Conditional discontinuance of criminal prosecution is an institute of criminal procedure that is a significant manifestation of the subsidiarity of criminal repression. This institute represents the provision of certain privileges to the accused that lie in the fact that the criminal proceedings are not brought to its standard end in exchange for reimbursing the relationship with the victim, disturbed by the criminal offence. The thesis is divided into six chapters, which seek to render the chosen theme as well as its broader context. At thebeginning, attention is paid to the concept of restorative justice and the concept of diversions. The main part of this thesis is in the third chapter and is entirely exclusively devoted to conditional discontinuance of criminal prosecution. Author's goal is to cover all aspects of this concept and its application. The following chapter is devoted to other types of diversions. Given the limited scope for this thesis,this attention is however only marginal.. Within the penultimate chapter, the thorough...
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