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Considerations on the Remedies of the Injured Party in Collateral Proceedings

Publication at Faculty of Law |
2023

Abstract

The author criticizes the current Czech criminal procedure code, which grants all ordinary and extraordinary remedies against the decision on compensation of damages only to the defendant, and not also to the injured party. The author proposes the introduction of the injured party's right to file an appeal against the criminal order, as well as the right to file an appeal against the decision of the Court of Appeal on a property claim.

In the next part of the contribution, the author points out the shortcomings of the legal regulation, which consists in the fact that the injured party has no remedies against the verdict of guilt, which is the basis of the verdict on compensation for damages. De lege ferenda recommends abolishing the binding of the civil court by the factual findings of the criminal court when it comes to deciding damages.