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Criminal Warrant as a Form of Diversion in a Criminal Proceeding

Publication at Faculty of Law |
2015

Abstract

The study discusses the institute of a criminal warrant in the Czech penal procedure code. A criminal warrant is a decision in penal matters, which can be issued by a single judge in a proceeding before a district court without a trial, if the facts have been reliably proven by the evidence procedured (article 314e paragraph 1 and subsequent of the penal code).

A criminal warrant is a facultative form of settlement in a penal proceeding, to which the accused is not entitled by any legal right. Only a limited range of punishments can be imposed by a criminal warrant.

The author characterizes the legislation currently in operation and at the end, he proposes ten suggestions for legal adjustment of the criminal warrant in a completely new penal procedure code. He pays special attention to the question, if a criminal warrant is a form of co-called diversion in a criminal proceeding, if a criminal warrant suits the interest of a person injured by the crime and if such a form of decision without a trial is in keeping with the principles of a fair process.