|
|
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...
|
|
|
Agreement on guilt and punishment
Koblasová, Jana ; Bohuslav, Lukáš (referee)
Agreement on guilt and punishment Abstract The subject of the work is the institute of an agreement on guilt and punishment as a special way of handling criminal cases. The essence of an agreement on guilt and punishment is an agreement between the public prosecutor and the accused, in which the accused confesses to committing the act for which he is being prosecuted, in exchange for imposing a lesser punishment than that which would threaten him in standard criminal proceedings. It is a form of diversion in criminal proceedings, which is intended to speed up and simplify criminal proceedings. The agreement on guilt and punishment is enshrined in the Czech legal system for a relatively short period of time. It was introduced in 2012. As the guilt and punishment agreement did not materialize in practice in the following years, certain changes had to be made. These occurred in 2020 when, for example, an agreement on guilt and punishment was made possible for particularly serious crimes. The work is structured into six chapters. The first chapter deals with the question of whether it is possible to classify the agreement on guilt and punishment among the diversions in criminal proceedings. To answer this question, it was necessary to clarify the very concept of diversion. The work also briefly deals with the...
|
|
|
Consensual Ways of Processing Criminal Cases
Tesnerová, Tereza ; Mulák, Jiří (advisor) ; Vokoun, Rudolf (referee)
The topic of this thesis is consensual ways of processing criminal cases. In the introduction, the basic models of criminal justice are analyzed, specifically adversarial procedure coming from the Anglo-American legal culture and inquisitorial procedure by origin from the continental legal system. The text deals with their historical development, basic characteristics and distinguishing features. The essence of the chapter is the influence of the interweaving of elements of these systems on the basic principles of continental criminal procedure with an accent on the recent amendment of the Criminal Code No. 333/2020 Coll. The second part of the thesis is devoted to the agreement on guilt and punishment, guilty plea, undisputed facts and marginally also the criminal warrant. These are consensual ways of processing criminal cases that cannot be classified as a subset of diversions. This is mainly due to their condemning meritorious essence and purpose, which is primarily an effort to rationalize criminal justice, i.e. to speed it up and make it more efficient. The third part deals with diversions in the narrower sense, or traditional diversions, which are conditional discontinuance of criminal prosecution, conditional delaying of submission of a proposal for punishment, approval of settlement and...
|
|
|
Settlement in criminal proceedings
Diviš, Marek ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
This diploma thesis focuses on the institute of settlement in Czech criminal proceedings. This type of diversion, which was introduced into Czech law in 1995 as only the second alternative method of settling a case, reflects to the highest extent the elements of restorative justice. Not only does it place the greatest emphasis on the position of the damaged party throughout the proceedings compared to other diversions, where, for example, his consent to the settlement procedure or consent to the resulting form of the settlement is required, but at the same time it allows for an attempt to reconcile the relationships disturbed by the commission of the crime to the full extent, mainly thanks to the personal (and often moderated) negotiations that take place between the accused and the damaged party. It also presents a number of advantages for the defendant over other diversions or standard proceedings. It allows him to avoid a court pronouncement of punishment and guilt, and at the same time, in the event of a favorable settlement decision, to have the prosecution for his offence immediately discontinued. The main part of my diploma thesis first discusses the various conditions that must be met in order to benefit from a settlement, including a critical look at them. Although it might seem that,...
|
|
|
Alternative Solution of Criminal Proceedings Besides Standard Criminal Proceedings Focused on Conditional Suspension of Prosecution and Settlement
SLABÝ, Václav
The work is about ways of punishment of offenders of less serious offences within alternative solution of criminal proceedings. It is focused on two types of diversion from standard criminal proceeding, specifically on conditional suspension of prosecution and settlement. There is shown the way of punishment of offenders in particular historical eras documenting change of society's bearing of crime and offenders. Than it defines theoretical ways out for implementation of alternatives into criminal law and description of system of alternatives in valid criminal law in the Czech Republic. Main focus is given to definition of institute of conditional suspension of prosecution and institute of settlement including conditions for its application and cross comparison of such diversion from standard criminal proceedings. It is not forgotten the role of Probation and Mediation service of the Czech Republic by application of such diversion into practice.
|
|
|
Alternatives to unconditional imprisonment
Hrstka, Josef ; Tlapák Navrátilová, Jana (advisor) ; Říha, Jiří (referee)
Josef Hrstka: Alternatives to unconditional imprisonment Abstract The main purpose of this thesis called "Alternatives to unconditional imprisonment" lies in the evaluation of the current alternatives to unconditional imprisonment in the Czech penal law focusing mostly on the substantive aspects of alternative punishments in the narrower conception. Author tried to present proposals based on studying literature, laws, judicial decisions and comparison with foreign legislations, which could lead to improving Czech legal regulation in this area. The thesis is composed of 8 chapters. In the introductory chapter readers are informed about content of the thesis, purpose of the thesis and methods used. Next three chapters deal with topics related to the purpose and functions of punishment, the benefits of alternatives to imprisonment and factors, which counteract against the efforts to reduce prison population. Author deemed necessary to analyze purpose of punishment, before he examined specific alternatives. Author tried to show that some conception of the purpose of punishment supports the use of alternatives to imprisonment, but attention must be also paid to social and economic conditions of offenders. He pointed out that the economic advantages of alternatives must be taken only as a supportive argument not...
|
|
|
Agreement on guilt and punishment
Koblasová, Jana ; Říha, Jiří (advisor) ; Tejnská, Katarína (referee)
Agreement on guilt and punishment Abstract The subject of the work is the institute of an agreement on guilt and punishment as a special way of handling criminal cases. The essence of an agreement on guilt and punishment is an agreement between the public prosecutor and the accused, in which the accused confesses to committing the act for which he is being prosecuted, in exchange for imposing a lesser punishment than that which would threaten him in standard criminal proceedings. It is a form of diversion in criminal proceedings, which is intended to speed up and simplify criminal proceedings. The agreement on guilt and punishment is enshrined in the Czech legal system for a relatively short period of time. It was introduced in 2012. As the guilt and punishment agreement did not materialize in practice in the following years, certain changes had to be made. These occurred in 2020 when, for example, an agreement on guilt and punishment was made possible for particularly serious crimes. The work is structured into six chapters. The first chapter deals with the question of whether it is possible to classify the agreement on guilt and punishment among the diversions in criminal proceedings. To answer this question, it was necessary to clarify the very concept of diversion. The work also briefly deals with the...
|
|
|
Agreement on guilt and punishment
Dimitriadisová, Šárka ; Říha, Jiří (advisor) ; Bohuslav, Lukáš (referee)
Agreement on guilt and punishment This master's dissertation focuses on a relatively new juridical institute of the criminal procedural law, which is agreement on guilt and punishment. This institute was incorporated in the Czech legal system by the Act No. 193/2012 Coll., which took effect from 1st September, 2012. The main purpose for the incorporation was acceleration and efficiency of criminal proceedings as well as lightening the burden of courts, which are overloaded due to excessive amount of new cases. The master's dissertation is divided into five chapters. The first chapter is devoted to the inclusion of plea bargaining in the system of the Code of Criminal Procedure and on the institute of agreement on guilt and punishment in comparison with other diversions. A brief introduction to the basic principles of retributive and restorative justice is also included in this chapter. The second chapter covers the historical development of incorporating plea bargaining into Czech legislation and the legislative process itself. The basic arguments both in and against favour of the institute are outlined, especially taking into account the principles of Czech criminal proceeding. The third chapter contains a detailed analysis of relevant legislation and is divided into two parts, the first focusing...
|
|
|
Conditional discontinuance of criminal prosecution as a form of diversion of criminal proceedings
Tesařová, Martina ; Gřivna, Tomáš (advisor) ; Krupička, Jiří (referee)
The object hereof is the analysis of diversions in the Czech Criminal Law with a focus on conditional cessation of prosecution, which represents the most significant facultative alternative to the standard trial. The idea of procedural alternatives to traditional criminal procedure has become relevant in Czech legal system especially after 1989, when the ideas of restorative justice have begun to resonate also with the general public along with it new ways of decisions in criminal proceedings. Given that criminal policy is mainly controlled by the principles of restorative and retributive justice, it was necessary, in the introduction of this thesis, these two social movements define and analyse. In this sense was crucial to define the concept of diversion sufficiently, because is not legally handled, even defined. Using the deductive method was then possible to proceed to individual types of diversions and then to focus on the institute of conditional discontinuance of criminal proceeding. For the purpose of comprehensive view of possible alternative procedures, the part of thesis was devoted to juvenile offenders, where special institutes and principles are applied. The final part is devoted to the analysis of the Austrian legislation diversions that might represent an inspiring source of...
|
|
|
Alternatives to unconditional imprisonment
Hrstka, Josef ; Tlapák Navrátilová, Jana (advisor) ; Říha, Jiří (referee)
Josef Hrstka: Alternatives to unconditional imprisonment Abstract The main purpose of this thesis called "Alternatives to unconditional imprisonment" lies in the evaluation of the current alternatives to unconditional imprisonment in the Czech penal law focusing mostly on the substantive aspects of alternative punishments in the narrower conception. Author tried to present proposals based on studying literature, laws, judicial decisions and comparison with foreign legislations, which could lead to improving Czech legal regulation in this area. The thesis is composed of 8 chapters. In the introductory chapter readers are informed about content of the thesis, purpose of the thesis and methods used. Next three chapters deal with topics related to the purpose and functions of punishment, the benefits of alternatives to imprisonment and factors, which counteract against the efforts to reduce prison population. Author deemed necessary to analyze purpose of punishment, before he examined specific alternatives. Author tried to show that some conception of the purpose of punishment supports the use of alternatives to imprisonment, but attention must be also paid to social and economic conditions of offenders. He pointed out that the economic advantages of alternatives must be taken only as a supportive argument not...
|
guest ::
