ZÁSADA ZISTENIA SKUTKOVÉHO STAVU VECI NAD VŠETKU POCHYBNOSŤ A OSLABENIE VIEROHODNOSTI UZNANIA VINY PÁCHATEĽOM V DOHODOVACOM KONANÍ
Principle of facts ascertainment without any doubts and enfeeblement of credibility of offender conviction in a plea bargaining

Summary/Abstract: I deal with arguments contra the institute of plea bargaining in my article, namely the argument proclaiming that in the plea bargaining proceeding the principle of facts ascertainment without any doubts is infringed and arguments pointing out enfeeblement of credibility of offender conviction in plea bargaining. I analyse the legal regulation of this institute in connection with these arguments and point out the remedies passed by the legislator, which shall prevent the misuse of the first mission of this institute as much as possible. At the same time I state, in plea bargaining it is not possible to secure the above mentioned principles will not be infringed, as this is possible only in case of fully evidence development, by which the institute of plea bargaining would lose its sense. The question is, if the legal regulation of this diversion as a part of our Code of criminal procedure is eligible to secure, that in plea bargaining the facts will be proved in such a way that no court mistakes will appear. Stated will be verified only in practise.

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