The Agreement on Guilt and Punishment and its Inconsistency with the Basic Principles of the Czech Criminal Proceedings
Abstract
This paper is addressed to a relation of the newest diversion in the Czech criminal proceedings, the institute of Agreement on Guilt and Punishment, to the basic principles of the Czech criminal proceedings. The new procedural institute was implemented by Act.
No. 193/2012 Coll., amending, inter alia, the Czech Code of Criminal Proceedings, as effective of 1 September 2012. The institute enhances the Czech criminal proceedings by implementing such elements which are characteristic for private law, particularly the agreement of contracting parties.
As the result of such legislative initiative, current legislation is unconventional, and due to the institute's procedural conditions of application highly inconsistent with almost all fundamental principles of Czech criminal proceedings.