Mgr. Katarína Kandová, Assistant to the chairman of the senate of the Criminal Collegium of the Supreme Court, assistant at the Department of Criminal Law, Faculty of Law, Masaryk University in Brno, email: 378907@law.muni.cz

 

The objective of the presented text was to answer the question of whether the public prosecutor should prosecute all criminal offences, namely within the scope of the valid legal regulation, application practice and, last but not least, at the level of recodification contemplations. Primarily, I presented my own view of the principle of legality and opportunity of criminal prosecution, which is directly associated with the „prosecuting obligation“ of the public prosecutor. Based on my theoretical contemplations, I stated that Czech criminal procedural law de lege lata is founded on the principle of legality, whereas an exceptional deviation from the legality procedure by suspension of a case or the discontinuance of (pending) criminal prosecution is permitted only subject to the reasons stipulated in Section 172(2) of the Code of Criminal Procedure. Subsequently, I focused on the application of these „opportune exceptions“ in the practice of Czech bodies active in criminal proceedings, while the collected statistical data confirmed the sporadicity of the opportune procedure among public prosecutors (they even allowed to determine a more frequent opportune procedure on the part of police bodies although the reasons behind this may be solely relative). In the last chapter, I contemplated the adequacy or necessity of changing the current legal regulation in order to support the application of the „manifestations“ of the principle of opportunity in the Czech criminal process, whereas my contemplations led to the exclusion of absolute opportune reasons defined de lege lata in Section 172(2)(c) of the Code of Criminal Procedure (with a view to their overlapping with other criminal material and procedural law institutes) and to their conceivable replacement with other (more „utilisable“ in practice) aspects and, furthermore, to the eventual definition of specific criteria for the opportune procedure in criminal proceedings initiated against legal persons (with a view to the findings of application practice as regards their difficult prosecution), and the needlessness of special reinforcement of opportune exceptions with respect to the criminal prosecution of juveniles.