An agreement on guilt and punishment The presented thesis deals with the relatively new institute of the criminal procedure, namely the agreement on guilt and punishment (hereinafter also referred to as "agreement") that was implemented into Czech law by an amendment of the Code of Criminal Procedure, namely by the Act no. 193/2012 Sb., effective from 1 September 2012. The introductory chapter deals with a closer description of the agreement on guilt and punishment. The author presents first available definitions of the agreement and points up its questionable classification as one of the so called "deviations" from the regular criminal procedure. The thesis evaluates the harmonization of this institute with the basic principles of criminal procedure, the fulfilment of which is decisive for the typical character of the continental criminal procedure. In this chapter, the thesis also deals with the question whether the agreed sanction is capable of fulfilling the purpose of punishment as such. The second chapter of the thesis is focused on the prerequisites that are necessary for the prosecutor and the accused to be allowed to enter into the agreement on guilt and punishment. Further, the chapter elaborates on the negotiation process and legal requisites of the agreement. Last but not least, the...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:324153 |
| Date | January 2013 |
| Creators | Pospíšilová, Aneta |
| Contributors | Jelínek, Jiří, Vanduchová, Marie |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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