Publication details
Postavení poškozeného při sjednávání dohody o vině a trestu
| Title in English | The Position of the Victim in Negotiating a Plea Agreement |
|---|---|
| Authors | |
| Year of publication | 2026 |
| Type | Peer-reviewed scientific article |
| Magazine / Source | TRESTNĚPRÁVNÍ REVUE |
| MU Faculty or unit | |
| Citation | |
| web | https://app.beck-online.cz/bo/chapterview-document.seam?documentId=nrptembsgzpxi4s7gjpxgxzygy&refSource=search&ols=postavení%20poškozeného%20při%20sjednávání%20dohody%20o%20vině%20a%20trestu&searchScope=all&searchType=normal |
| Keywords | plea agreement; criminal proceedings; compensation for damage; restorative justice; injured party |
| Description | The paper deals with the position of the injured party in the negotiation and approval of a plea agreement (agreement on guilt and punishment) in Czech criminal proceedings. Improving the position of the injured party was one of the main arguments for introducing this institute into the Czech legal system. In the paper, I analyse the rights of the injured party during the preparatory proceedings, which include the right to be notified of the hearing, to participate in it, to assert a claim for compensation for damage and non-pecuniary harm, etc., as well as during the proceedings before the court, which include the right to comment on the negotiated plea agreement, to participate in the public hearing, etc. The core of the article then consists of a critique of the weaknesses of the current legal regulation and de lege ferenda proposals that should strengthen the protection of the position of the injured party in the negotiation of a plea agreement and, ultimately, also enhance the fulfilment of the requirements of restorative justice. |