The application of effective contrition as an obstacle to the initiation and conduct of criminal proceedings - an initial insight into the issue
Abstract
The presented article deals with the issue of combining substantive criminal law and criminal procedural law, in terms of the application of the institute of effective remorse. This paper is focused mainly on the study of the effects that the institute of effective remorse can cause in criminal procedural law.
The paper reflects the current legislation related to this issue, which to some extent comments, but also evaluates. In particular, the provisions of the Criminal Procedure Code which may terminate criminal proceedings are subject to such an assessment.
At the same time, this article also refers to the opinions of the professional public, as well as the decision-making practice of the European Court of Human Rights, the Constitutional Court, the Supreme Court, but also the general courts. The content of this paper is also a brief comparison with another institute of cessation of criminal liability, namely the statute of limitations.
At the end of this article, de lege ferenda is proposed a solution in the form of considering the termination of criminality in the decision on the fate of criminal proceedings at its beginning, which builds on previous evaluations of current legislation and related practices.