Special case of temporary suspension of criminal prosecution (§ 159C and § 159D of the Criminal Procedure Code): an effective legal instrument in the fight against corruption or covert introduction of the institution of crown witness?
DOI:
https://doi.org/10.31261/FPK.2021.01.05Keywords:
crown witness, cooperating accused, corruption, criminal prosecution, suspension of criminal prosecutionAbstract
Corruption is one of the most dangerous phenomena of contemporary society. So it is no wonder that the legislator and the whole society are always looking for new ways to effectively combat such negative phenomena. However, corruption has one specific feature, which is high latency, compared to other forms of crime. Given that corruption is characterized by a high degree of latency, it is understandable that traditional means of criminal law are unable to ensure effective detection and prosecution of this type of crime. There is a relatively new procedural legal instrument in the fight against corruption in Section 159c and 159d of the Criminal Procedure Code. However, the question is whether this new provision is not merely a covert introduction of the institution of the crown witness into the Czech legal order.
References
Black H.C. et al., Black‘s Law Dictionary. Part II, Victoria Publishing, Praha 1993.
Gřivna T., Effective remorse for corruption offenses, in: Days of Law 2011, ed. J. Kotásek, Masaryk University, Brno 2012, p. 56–63.
Hendrych D. et al., Law Dictionary, C. H. Beck, Praha 2001.
Šámal P. et al., Criminal Code II, 2. ed., C. H. Beck, Praha 2012.
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