Publication details
Musí (český) státní zástupce stíhat všechny trestné činy?
Title in English | Does (the Czech) public prosecutor have to prosecute all the crimes? |
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Authors | |
Year of publication | 2018 |
Type | Article in Periodical |
Magazine / Source | Státní zastupitelství |
MU Faculty or unit | |
Citation | |
Web | Repozitář MU |
Keywords | public prosecutor; principle of legality; principle of opportunity; criminal prosecution |
Attached files | |
Description | The author of submitted article asks a question, if (the Czech) public prosecutor has to prosecute all criminal offences he or she is aware of. In order to answer this question, the author firstly reminds general context of related fundamental principles of the criminal proceedings – principle of legality and principle of opportunity of criminal prosecution – on the basis of which she consequently expresses her view on „manifestation“ of these principles in the Czech criminal proceedings de lege lata. Afterwards, she presents statistic outcome of her quantitative research from the area of district prosecution offices that demonstrates application of so-called opportunity exceptions from the principle of legality in the Czech criminal proceedings. Last but not least, she contemplates about found condition of the application practice as well as legal regulation regarding analyzed fundamental principles, and then she formulates her reflections on suitability or necessity of strengthening the principle of opportunity in the Czech criminal procedural law. |
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