Dokazování okolností relevantních pro ukládání trestu: mezi normativními předpoklady a aplikační realitou
Proving circumstances relevant to sentencing: between normative assumptions and application reality

Summary/Abstract: Deciding on the type of punishment and its amount assumes that the authorities involved in criminal proceedings have an information basis corresponding to the statutory criteria for punishment; however, the question remains what this information basis actually looks like in application practice. The article maps what types of circumstances relevant to punishment are actually identified in application practice, to what extent and at what stages of criminal proceedings their identification is concentrated. The text is based on qualitative research based on an in-depth analysis of 45 criminal files finally concluded in 2018–2025, which captures the degree and nature of evidence of individual categories of circumstances relevant to punishment. The results show different degrees of evidence saturation of individual thematic areas, variability between individual cases and different involvement of the preparatory proceedings and the trial phase in forming the information basis for deciding on punishment, as well as different views on the level of the information basis by judges and prosecutors.

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