Publication at Faculty of Law |
2016
Abstract
The article is addressed to the institute of Agreement on Guilt and Punishment which has been adopted to the Czech criminal proceedings by the amendment to the Criminal Procedure Code, the Act no. 193/2012 Coll., as effective of 1 September 2012. The Czech legislator has significantly diverged from fundamental theoretical grounds commonly recognized in other countries abroad while setting up different application conditions.
After three years of operation in practice, the rate of practical use of the Agreement on Guilt and Punishment is very low which has legitimately risen debates questioning both the grounds of such non-application and the position of the institute in the Czech legal system itself.