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 | Article in Proceedings |
| Conference | Opravné systémy a opravné prostředky v trestním řízení |
| MU Faculty or unit | |
| Citation | |
| web | Open access sborníku |
| Keywords | Consensual Elements; Criminal Proceedings; Guilty Plea; Indisputable Facts of the Case; Appeal; Admissibility; Entitled Persons |
| Description | With the amendment of the Code of Criminal Procedure („CCP“) implemented by Act No. 333/2020 Coll., the other forms of so-called consensual elements of criminal proceedings were introduced into CCP. First, it is declaration of guilt regulated in section 206c CCP and so-called undisputed facts whose applicability was highly extended and that are now stated in section 206d CCP. 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 facts stated in declaration of guilt based on the defendant’s appeal is during the appeal procedure according to section 246 paragraph 1 letter b) CCP 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 defendant’s right to a fair trial. In case of a review of facts that were pointed as undisputable in the appeal procedure, on the contrary, there is no express regulation on their revision in appeal procedure, and it is therefore a question whether their denial, as undisputed, can be the subject of appeal objections or not. Absence of any regulation concerning applicability of these institutes in appeal procedure as well as their relation to extraordinary remedies provides an ideal space for further discussion. In the contribution, the author therefore reflects on the possibilities of reviewing the guilty verdict in cases where one of the above-mentioned institutes was used in the previous procedure before the court and on possibility of application of these institutes in remedial procedure. |
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