Odklony v trestním řízení – Tibitanzlová Alena (2019)

Diversions in criminal proceedings are understood in this monograph as one of the manifestations of restorative justice and alternative resolution of criminal matters, where the focus of criminal law is on the victim, or rather the victim of the crime, and the effective influence on the perpetrator of the crime. The author considers conditional discontinuation of criminal prosecution, settlement, conditional postponement of the proposal for punishment, postponement of the case upon approval of the settlement, and a specific diversion applicable in juvenile criminal matters, as diversions in criminal proceedings. The author thoroughly examines the individual forms of diversion in Czech criminal proceedings and their development de lege ferenda, as well as generally alternative methods of handling criminal matters from the perspective of both Czech and international criminal policy. Due to the impending recodification of the Criminal Procedure Code, she emphasizes the theoretical and practical pitfalls of Czech legal regulation, analyzes current case law, and offers solutions aimed at the effective usability of diversions in the future. The book also includes a comparison of Czech legal regulation of diversions in criminal proceedings with regulations in the Slovak and Austrian Criminal Procedure Codes. The monograph is primarily intended for readers among academics. They may...