The Concept of Plea Bargaining under the Czech Criminal Law and the Criminal Law of other Countries within the Region of Central Europe. Cover Image

The Concept of Plea Bargaining under the Czech Criminal Law and the Criminal Law of other Countries within the Region of Central Europe.
The Concept of Plea Bargaining under the Czech Criminal Law and the Criminal Law of other Countries within the Region of Central Europe.

Author(s): Filip Ščerba
Subject(s): Law, Constitution, Jurisprudence
Published by: Univerzita Palackého v Olomouci
Keywords: criminal law; criminal proceedings; plea bargaining; Czech Republic; Central Europe

Summary/Abstract: The article deals with the specific instrument used in criminal proceedings called as plea bargaining, or agreement upon the guilt and punishment (in the Czech legal regulation). This instrument is considered as one of the main measures used for acceleration of criminal proceedings and for criminal justice rationalization. Plea bargaining originally belongs to the system of criminal law in the countries belonging to the Anglo-Saxon legal order, but it has been implemented also into the legal orders of countries in Middle Europe region during last decade. Such implementation in connected with some important problems related to the different characteristics of criminal proceedings. The article solves some of these problems, primarily the collision with the basic principles of continental system of criminal law.

  • Issue Year: 13/2013
  • Issue No: 1
  • Page Range: 5-20
  • Page Count: 16
  • Language: English