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Criminal Prosecution with Consent from the Aggrieved

Publication at Faculty of Law |
2018

Abstract

This study discusses the issue of prosecition with consent of the aggrieved whitch is one of the exeptions from the legality principle and principle of the officiality encoded in the penal procedural code in the year 1990 while the Czechoslovak Republic still existed and had common legal order. The author recapitulates the of the legal regulation contained in the stipulation of article 163 and article 163a of the Czech penal procedural code.

He points out mistakes of the legal regulation currently in operation, as well as in the application practice and proposes changing this concept de lege ferenda.