Applicability of an Agreement Upon Guilt and Punishment and a Statement of Guilt in Individual Stages of Criminal Proceedings Cover Image

Využitelnost dohody o vině a trestu a prohlášení viny v jednotlivých stadiích trestního řízení
Applicability of an Agreement Upon Guilt and Punishment and a Statement of Guilt in Individual Stages of Criminal Proceedings

Author(s): Filip Ščerba
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: agreement upon guilt and punishment; statement of guilt; stages of criminal proceedings; punishment; appeal procedure

Summary/Abstract: The article deals with the possibilities of using an agreement upon guilt and punishment and a statement of guilt during individual phases of criminal proceedings, primarily, during trial and after the commencement of proof. This problem is solved from the point of view of legal admissibility and from the point of view of its usefulness when the current practice of the courts is taken into consideration. Attention is also paid to the punishment imposed in agreement upon guilt and punishment or following a statement of guilt, with respect to the stage in which this procedure is applied. The article also offers some consideration regarding the validity of entering into the agreement upon guilt and punishment at the very beginning of an investigation.

  • Issue Year: 69/2023
  • Issue No: 3
  • Page Range: 115-129
  • Page Count: 15
  • Language: Czech