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Nemo tenetur se ipsum accusare principle
Machovský, Vojtěch ; Vokoun, Rudolf (advisor) ; Pelc, Vladimír (referee)
Nemo tenetur se ipsum accusare principle Abstract This thesis describes the principle of nemo tenetur se ipsum accusare in criminal law. One of the guiding principles of the criminal process in a modern democratic state, which is closely related to the right to a fair trial and one of the pillars on which the defense in criminal proceedings is built. This thesis focuses on historical development of this principle in our country and abroad, how the contemporary view of this principle in criminal proceedings gradually changed, both within continental law and anglo-american common law. Furthermore, the thesis describes the use of the principle of nemo tenetur in the current criminal process in Czech law and in the world, with a focus on guilty plea and plea deals. The first chapter contains the historical development of the principle in the continental system of law and in anglo-american common law, with the introduction of several important cases from the United States of America and their legal regulation, which in its essence was a prototype of the current concept of this principle. The second chapter contains an overwiev of how the principle is implemented in individual national and international legal systems. When part of this chapter is particularly devoted to the decisions made by the European Court of...
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Plea bargain
Bicek, Rudolf ; Jelínek, Jiří (advisor) ; Bohuslav, Lukáš (referee) ; Fryšták, Marek (referee)
The topic of this dissertation is the originally Anglo-Saxon criminal process concept of plea bargaining, which has become a phenomenon within a number of civil law countries in recent decades. This alternative method of resolving criminal cases consists simply in the pos- sibility of an agreement being reached between the prosecutor and the accused, provided that the accused, under certain conditions, admits to having committed the offence and agrees with the proposed punishment. A look at the foreign as well as domestic legal literature reveals that plea bargaining is controversial to say the least. Proponents argue that it accelerates and simplifies criminal pro- ceedings, while opponents point to its flagrant inconsistency with the fundamental principles of continental criminal proceedings. The author of this dissertation examines agreements in criminal proceedings in gen- eral, focusing on their origin, historical development and various forms around the world. A special part of this dissertation is devoted to plea bargaining regulations in all 27 European countries where the concept has been introduced, including the Czech Republic, where it was introduced by Amendment to the Criminal Procedure Code No. 193/2012 Coll., effective from 1 September 2012. In addition, plea bargaining is described...
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Agreement on guilt and punishment
Šimek, Jaromír ; Pelc, Vladimír (referee)
This master's thesis focuses on the subject-matter of agreement on guilt and punishment. It became a part of Czech Criminal Procedure Code by the enactment of Act no. 193/2012 Coll. The plea bargaining, which is widely spread and used in common law countries, served as an inspiration. It should have primarily enhanced the efficiency and speed of the criminal proceedings. It is a type of diversion which is based on a negotiation between the prosecutor and the defendant. The defendant may plea guilty and require a milder punishment in reverse, comparing to a punishment which would have been imposed if a trial took place. The conducted agreement on guilt and punishment has to be subsequently approved by the judge in a form of the approval judgement. The thesis is divided into four chapters. The first one deals with other alternative ways, by which criminal cases may be solved. The influence and potential disruption of basic principles of the criminal procedure caused by the incorporation of agreement on guilt and punishment, is described as well. A short section is dedicated to previous legislative efforts of incorporation the agreement on guilt and punishment into the Czech legal system. The second chapter outlines the contemporary legal regulation of the agreement of guilt and punishment in the...
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Agreement on guilt and punishment
Šimek, Jaromír ; Říha, Jiří (advisor) ; Tejnská, Katarína (referee)
This master's thesis focuses on the subject-matter of agreement on guilt and punishment. It became a part of Czech Criminal Procedure Code by the enactment of Act no. 193/2012 Coll. The plea bargaining, which is widely spread and used in common law countries, served as an inspiration. It should have primarily enhanced the efficiency and speed of the criminal proceedings. It is a type of diversion which is based on a negotiation between the prosecutor and the defendant. The defendant may plea guilty and require a milder punishment in reverse, comparing to a punishment which would have been imposed if a trial took place. The conducted agreement on guilt and punishment has to be subsequently approved by the judge in a form of the approval judgement. The thesis is divided into four chapters. The first one deals with other alternative ways, by which criminal cases may be solved. The influence and potential disruption of basic principles of the criminal procedure caused by the incorporation of agreement on guilt and punishment, is described as well. A short section is dedicated to previous legislative efforts of incorporation the agreement on guilt and punishment into the Czech legal system. The second chapter outlines the contemporary legal regulation of the agreement of guilt and punishment in the...
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