Publication details

Procesní podmínky zahlazení odsouzení

Title in English Proceeding conditions of spent conviction

SKUPIN Zdeněk Jiří

Year of publication 2018
Type Article in Proceedings
Conference Cofola 2018, Část VI. Permanentní reforma trestního řízení (koncepční a nekoncepční změny na půdě trestního práva procesního)
MU Faculty or unit

Faculty of Law

Web Open access sborníku
Keywords Proposal and request for the spending of convictions; jurisdiction of the court to spend convictions; the delivering
Attached files
Description Spent conviction, though being overlooked by the professional public and the judicial authorities on the grounds since it is considered a peripheral issue of criminal law, it is particularly important for the sentenced person himself, as it restores his relative integrity, as shown for example, in the search for a new job or in his further criminal activity. The Criminal Procedure Code deals with the four provisions which are not comprehensive, but the procedural conditions, albeit non-systemically, are included in the provision 105 paragraph 3 of the Criminal Code. The paper deals with the analysis of the individual procedural conditions that are necessary for the decision of spent conviction. The result of the analysis is to identify the deficiencies of the current procedural law de lege lata and, in the light of these findings, to propose a de lege ferenda amendment that could be reflected in a possible recodification of the Code of Criminal Procedure. The author focuses in particular on the area of authorized persons entitled to submit the application / proposal, the authority and jurisdiction of the court to the decision, the delivery of the decision of the spent conviction, etc.
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