Publication details
Dohoda o vině a trestu v českém trestním řízení
| Title in English | The plea bargaining in czech criminal procedure |
|---|---|
| Authors | |
| Year of publication | 2018 |
| Type | Article in Proceedings |
| Conference | Cofola 2018 |
| MU Faculty or unit | |
| Citation | |
| Web | Open access sborníku |
| Keywords | common law system; plea bargaining; plea bargain; public prosecutor; defendant; punishment; guilty |
| Attached files | |
| Description | My paper deals with relatively new institute of Czech criminal procedure, the plea bargaining. This institute was implied into Czech law system in 2012. It was inspired by conciliation which is typical institute for common law system. In my paper I will focus on current legal regulations and function of this institute in our conditions. Also, I will briefly compare usage of this institute in our country with Slovakia. On this basis I will attempt to bring in future suggestions which will be compared later with scheduled form of the new Code of Criminal Procedure which has been published recently, especially with significant changes of the plea bargaining institute which should come along with the new enactment. There should be great changes in usage options of plea bargaining. Therefore, I will focus on a question whether this move of legislator was suitable or not. In this sense I would like to concern with legal and social viewpoints. In my opinion, in case of this institute whose principle is to close bargain between state and offender, those viewpoints are very important. The purpose of my paper is to answer a question whether the institute of plea bargaining belongs to Czech law system and whether scheduled changes of this institute are reasonable. |
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