Publication details
K prohlášení viny, nesporným skutečnostem a opravným prostředkům
| Title in English | On Guilty Plea, Indisputable Facts of the Case and Remedies |
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| Authors | |
| Year of publication | 2023 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
| Citation | |
| Description | With the amendment of the Criminal Code implemented by Act No. 333/2020 Coll., other forms of so-called consensual elements of criminal proceedings were introduced into the Criminal Code, namely the declaration of guilt regulated in § 206c of the Criminal Code. order and so-called undisputed facts according to § 206d tr. of the Order (for which this institute was expanded beyond the scope of the main trial held in simplified proceedings). These procedural institutes make it possible, first of all, to speed up and simplify the course of evidence in court proceedings in a fundamental way. At the same time, however, the review of the declaration of guilt based on the defendant's appeal is in the appeal procedure according to § 246 paragraph 1 letter b) tr. of the Code is expressly excluded, despite the fact that it is possible to imagine cases where, due to a violation of the defendant's procedural rights in court proceedings in connection with the application of the aforementioned institute, such a restriction will conflict with the accused's right to a fair trial. In the case of a review of undisputed facts in the appeal proceedings, on the contrary, there is no express regulation, and it is therefore a question whether their denial, as undisputed, can be the subject of appeal objections or not. In the presented contribution, the author therefore reflects on the possibilities of reviewing the verdict of guilty in the appeal process, or in appeal proceedings, in cases where one of the aforementioned institutes was used in the proceedings before the court. |
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