Publication at Faculty of Law |
2017
Abstract
The article discusses the issue of prosecution with consent from the aggrieved, which is one of the exceptions from the principle of officiality and from the legality principle encoded in the penal code in the year 1990. For selected criminal acts, prosecution of the offender is only possible with consent from the aggrieved, and only in case the aggrieved is in a special family relationship with the offender.
The author recapitulates the conditions of the legal regulation contained in the stipulation of article 163 and article 163a of the Czech penal procedure code. He points out mistakes in the legal regulation currently in operation, as well in the application practice, and proposes changing this concept de lege ferenda.