Questionnaire Czech Republic
I.2 Through what methods?
The Czech police powers to channel an offence aside
without further continuation of criminal proceedings are limited. Basically
police´s duty is to respect principle of legality. However the Criminal Procedure
Code assumes several exceptions. The first one is mediation (victim offender).
The second is conditional stopping of prosecution. Police can propose to
prosecutor to use these methods. Police is not directly authorised to use them.
Next and direct possibility to channel an offence by the police is included in sect. 159 Criminal Procedure Code. According to sect. 159 police should check suspicion on crime committing. If in the time which is prescribed by sect. 159 (2, 3, 6 months in relation to seriousness of the offence) the evidence indicates that crime was not committed or crime was committed by un-known offender, or the act is not a crime but only petty offence, police can decide to stop proceedings and investigation is excluded (sect. 159a Criminal Procedure Code).
Next and direct possibility to channel an offence by the police is included in sect. 159 Criminal Procedure Code. According to sect. 159 police should check suspicion on crime committing. If in the time which is prescribed by sect. 159 (2, 3, 6 months in relation to seriousness of the offence) the evidence indicates that crime was not committed or crime was committed by un-known offender, or the act is not a crime but only petty offence, police can decide to stop proceedings and investigation is excluded (sect. 159a Criminal Procedure Code).
