What are criminal proceedings, and how do they work?

Quick Overview: 

• Criminal proceedings are governed by the Code of Criminal Procedure.

• There are three main phases: preliminary proceedings, court proceedings, and enforcement proceedings.

• The police and the public prosecutor investigate whether a crime has been committed and who committed it.

• The court decides on guilt and punishment during the trial.

• An appeal or extraordinary remedies may be filed against the judgment.

If you have been identified as a defendant or a victim in criminal proceedings, it is advisable to consult with an attorney. We can assist you, for example, in filing a criminal complaint or in defending yourself during the investigation.

Criminal proceedings are a process in which it is determined whether an act constituting a criminal offense has occurred. Criminal proceedings are a process in which it is determined whether an act constituting a criminal offense has occurred. Their conduct is governed by the Code of Criminal Procedure. The proceedings also seek to identify the perpetrator, and if the person is convicted, a decision is made regarding their sentence.

What are the stages of criminal proceedings?

In criminal proceedings, we distinguish between:

• preliminary proceedings, conducted by law enforcement agencies and the public prosecutor’s office,
• trial proceedings, which take place before a court,
• enforcement proceedings, which are carried out by the court in cooperation with, for example, the prison service or other institutions.

There are also other sub-stages of criminal proceedings, such as a preliminary hearing, the main trial, and appellate proceedings, which we will also discuss below.

The course of criminal proceedings is regulated in detail by the Code of Criminal Procedure. It sets forth the powers of the police, the public prosecutor’s office, and the courts, and specifies how the various authorities are to proceed in investigating, gathering evidence, and determining guilt and punishment.

Not all of the above-mentioned stages need to occur. For example, the grounds for a preliminary hearing on the indictment may not be met, or the defendant may be acquitted during the appellate proceedings, in which case there is no basis for enforcement proceedings.

Evidence in Criminal Proceedings – Who Is the Perpetrator?

The first stage of criminal proceedings is the preliminary investigation. The police and the public prosecutor’s office play a central role in this stage. First, it is necessary to determine whether the act that occurred is in fact a criminal offense.

Criminal offenses must be distinguished from misdemeanors, which may be similar in nature in some cases but are less socially harmful (for example, in the case of theft, the determining factor is whether the value of the stolen goods is less than 10,000 crowns).

First, the police investigate the matter (e.g., based on a filed criminal complaint or on facts discovered through their own investigations), and then, by issuing a resolution to initiate criminal prosecution, they begin the investigation.

At this stage of the criminal proceedings, evidence is gathered; that is , all evidence pointing to the accused’s guilt is collected, as well as evidence refuting it. Typically, this involves , for example , questioning witnesses, taking statements, inspecting items, or obtaining expert opinions.

Finally, a decision is made as to whether the suspicion of a criminal offense against a specific person is sufficient to file an indictment. The public prosecutor is authorized to do so.

In practice, we often find that people expect criminal prosecution to begin immediately after a criminal complaint is filed. In reality, however, the police first investigate the matter and only then can they decide whether to initiate criminal prosecution against a specific person. This phase can take several months, especially in more complex cases.

There is also an option for expedited preliminary proceedings—sometimes incorrectly referred to as “expedited criminal proceedings”—whose purpose is to simplify preliminary criminal proceedings in cases involving less serious crimes. For example, if a perpetrator was caught red-handed committing theft and law enforcement authorities have no doubt as to his guilt, there is a way to expedite the entire process.

Preliminary proceedings may also be concluded in ways other than by filing an indictment, such as by referring the case to another authority (typically for the handling of an administrative offense), by discontinuing criminal prosecution (if it is not proven that the act occurred), or by suspending criminal prosecution. At this stage, a so-called plea agreement can also be negotiated between the accused and the prosecutor.

Sometimes, significant circumstances emerge years later that lead the police to the actual perpetrator. In such a case, it is important to consider whether the statute of limitations for criminal prosecution or criminal liability has already expired. This occurs after the expiration of the so-called statute of limitations, which varies for different criminal offenses from three to thirty years.

Court Proceedings

Indictment

In everyday speech, an “indictment” is sometimes confused with a “lawsuit,” but the two have nothing in common. Anyone can file a lawsuit (for example, when collecting a debt owed to us).

An indictment, however, can only be filed by a public prosecutor as part of criminal proceedings. Once an indictment is filed, the accused is referred to as the “defendant.”

Preliminary Hearing on the Indictment

This is a possible, but not mandatory, part of criminal proceedings. Its purpose is to prevent the hearing of unfounded indictments.

At this stage, therefore, no decision is made regarding the defendant’s guilt or sentence; rather, the court merely assesses whether the indictment can be admitted to the main trial. The Criminal Procedure Code provides grounds for this special procedure. This may apply, for example, in situations where the indictment contains legal defects or where circumstances exist that would warrant the dismissal of the criminal prosecution.

In some cases, it may seem appropriate to reach an agreement on guilt and punishment, and this procedure can also be used for that purpose.

In practice, a motion for a preliminary hearing on the indictment is a popular tool used by defense attorneys seeking to ensure that the court does not order a trial for their clients.

Preliminary hearings on indictments have also featured in high-profile cases, such as the leak of BIS wiretaps or, arguably the most well-known case in the media involving our eastern neighbors, the murder of journalist Ján Kuciak. In that case, four of the defendants, including businessman Marian Kočner, unanimously refused to enter into a plea agreement during the preliminary hearing, while the intermediary in the murder, who cooperated with the Slovak police during the criminal proceedings, entered into a plea agreement for 15 years in prison. He had faced up to 25 years.

Trial

We are now entering the central phase of the criminal proceedings, where the court decides on the defendant’s guilt and sentence. It may also rule on protective measures or compensation for damages.

From the media, we may have formed an image of a courtroom filled with impassioned speeches, the raising of every possible objection, and heart-wrenching appeals to the jury. However, that is the domain of Anglo-Saxon law—or rather, American TV shows. Court proceedings in the Czech Republic generally aren’t quite so entertaining.

At the outset, the indictment is read, and the court verifies whether all summoned individuals are present and whether the case involves damages. This is followed by the presentation of evidence, during which various expert opinions are submitted, witnesses are questioned, physical evidence is presented, and anything else that may help prove the defendant’s guilt.

The court determines what can and cannot be used as evidence in a given case. For example, if evidence were obtained unlawfully, it could not be used in criminal proceedings. This would constitute a fundamental violation of the right to a fair trial, which is a basic human right.

In practice, however, a paradoxical situation may arise in which the defendant’s guilt is evident, but due to the illegality of the evidence used, the defendant must be acquitted.

The question of the legality or illegality of evidence also arose in the well-known case involving the misuse of Military Intelligence. The wiretaps presented were deemed to have been unlawfully ordered during the criminal proceedings and were therefore considered inadmissible as evidence; however, the Supreme Court ruled that their use was justified.

At the conclusion, closing arguments are presented, and a decision is made regarding the defendant’s guilt and the sentence to be imposed.

Appeal Against the Judgment

Filing an appeal moves the proceedings to the next stage, which is the appellate process. In this stage, a higher court decides whether to dismiss or grant the appeal. This is known as an ordinary appeal, which is filed against a decision that has not yet become final.

In addition, there are so-called extraordinary remedies, which include a petition for review, a motion for retrial, or a complaint alleging a violation of the law. However, these are directed against final decisions, and relatively strict criteria are established for their use.

Enforcement Proceedings

The final stage of criminal proceedings is enforcement proceedings. This is where the court’s decision is carried out. Typically , this involves the enforcement of a sentence imposing imprisonment.

Costs of Criminal Proceedings: Who Pays for It All?

Unlike in civil proceedings, the costs of criminal proceedings are borne by the state, with the exception of the costs incurred by the victim, the defendant, and other parties involved. Only if the defendant is found guilty does the law require them to reimburse a portion of the costs. These are reimbursed as a lump sum.

If you are involved in criminal proceedings as a defendant or a victim, we strongly recommend consulting with an attorney. If you contact us, we can assist you, for example, in preparing a statement, filing a criminal complaint, or pursuing a claim for damages.

Summary

Criminal proceedings consist of three phases: preliminary, trial, and enforcement. During the preliminary phase , the police and the public prosecutor investigate whether a crime has been committed and gather evidence. This phase may result in an indictment, the dismissal of the case, the referral of the matter as a misdemeanor, or a plea agreement. For less serious crimes, summary proceedings may be conducted.

The trial phase takes place before a court. A preliminary hearing on the indictment may prevent an unnecessary main trial. At the main trial, a decision on guilt and punishment is made based on the evidence presented. Evidence obtained unlawfully cannot be used. An appeal may be filed against the judgment, or extraordinary remedies such as a petition for review or a retrial may be sought.

Enforcement proceedings ensure that the sentence is carried out. The state covers the costs of the proceedings, but the convicted person must pay a portion of the costs as a lump sum.