Abstract
This chapter deals with the theoretical concepts of the fundamental principles of criminal procedure, focusing on the principle of legality and principle and opportunity in the Czech criminal proceedings. The author characterizes both principles by legal-theory and historical interpretation.
It concludes appropriate basic principles of criminal proceedings noted in the introductory provisions of the new Criminal Code, because only then can be filled with their function - sightseeing. The author confronts both policies with other institutes, which should bring the recodification of the Criminal Procedure Code.
Advocates both to maintain the principle of legality, which will be appropriately associated with the elements and opportunity, both for the establishment of subsidiary criminal actions, which may be understood as a means of compliance with the principle of legality. It is critical to the introduction of a private criminal action, as it would lead to further expansion elements oportunity and privatization of criminal proceedings.
Regarding the so-called diversions in criminal proceedings proposes removing the plea bargain and recommended juridical refinement in a penal order