The Constitutional Court (CC) recently dealt with an important case that reopened the question of what role the courts play in protecting the rights of defendants. Specifically, the case concerned a situation where a defendant pleaded guilty without fully understanding the consequences of his action. In particular, he did not know that he had no right of appeal when pleading guilty. The Constitutional Court found in favour of the defendant.
Recently we dealt with a case of an incidental dispute that ended up in the Supreme Court, and now we have another one, this time from the Constitutional Court. The whole case started with the defendant standing trial in April 2022 for stealing 295 litres of diesel at a construction site. He confessed to the theft. The trial court, on his guilty plea, imposed a fine which was later enhanced to 10 months imprisonment. However, a problem arose when the defendant wanted to exercise his right to appeal. The court told him that since he had pleaded guilty, he no longer had the right to appeal.
Following this event, the defendant appealed to the CJ, arguing that the original court had failed to adequately advise him of the effect a guilty plea would have on his right to appeal the court’s decision. He argued that if the court had given him clear and full information about the consequences of his guilty plea, he might have made a different decision.
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If you want to appeal, use our services. Everyone has the right to a fair trial in the Czech Republic, and a quality attorney will help you to ensure that your right is truly respected and that you can take advantage of all available remedies.
In the Czech legal system, everyone accused of a crime has the right to a fair trial. This includes the right to be properly informed of his/her rights and options. One of these options is the right to an appeal, such as an appeal against a conviction.
However, a guilty plea may limit this right to appeal in certain circumstances. This means that if the defendant pleads guilty, it reduces the opportunity for him to later defend himself against the court’s decision, because by pleading guilty he is also admitting responsibility for his actions and accepting the court’s decision.
As the Constitutional Court states on its website, the complainant was significantly relieved by the guilty plea. On the contrary, his criminal record has weighed him down. According to the District Court, the complainant had not proved that he had paid the sum of CZK 50 000 to the injured company. By imposing a financial penalty, the court had given the complainant a chance to avoid serving a prison sentence from an earlier conviction.
As the Constitutional Court has reiterated, courts are obliged to inform the defendant thoroughly of all the legal consequences of their decision, in particular that by pleading guilty they may waive their right to appeal. In its decision, the Constitutional Court stressed that the right to appeal is part of a fair trial. At the same time, it stated that the instruction on the consequences of a guilty plea must not be merely formal. This means that the court must present it to the defendant in a clear and concrete manner so that he really understands it.
Thus, according to the Constitutional Court, the trial court violated the defendant’s rights by failing to adequately instruct him that if he pleaded guilty to theft, he waived his right to appeal. Thus, the defendant could not sufficiently understand the consequences of his confession.
The decision of the Constitutional Court will also have an impact on future criminal proceedings, as the courts must be aware that merely giving formal instructions to defendants is simply not enough. Judges must ensure that they instruct the accused in a clear, comprehensible manner and explain all the consequences of the individual procedural acts. With this decision, the Constitutional Court protects the defendants’ constitutional right to a fair trial, which includes the right to appeal and the right to be properly informed of the consequences of their actions.
Tip: Even initially trivial matters often end up before the Constitutional Court. Read about a case where the Constitutional Court dealt with defamation as a criminal offence.
If you are ever in a situation where you are facing criminal charges, it is important that you are aware of all your rights. If the court or your lawyer does not give you enough information about the consequences of your decisions, for example that by pleading guilty you are waiving your right to appeal, you can take your case to higher courts, including the Constitutional Court.
This case shows how important it is to be properly advised of all defence options and how the courts have a duty to ensure that defendants’ rights are protected. A quality legal representative will make sure that your trial is truly fair and that you have the opportunity to use all available means to defend yourself. Therefore, be sure not to underestimate your choice of attorney and feel free to contact us if you have any questions or concerns.
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