The notion of abolition is rather rare in Czech law, yet it can fundamentally influence specific criminal proceedings and the entire social debate. However, many people do not know exactly what abolition is, what its real meaning is and how it differs from amnesty or pardon. That is why we will explain it clearly and comprehensibly.
Abolition is a special institute of criminal law which allows to stop or not to start criminal prosecution at all. The simplest answer to the question what is abolition is: It is a decision of the President of the Republic terminating a certain criminal prosecution before it reaches a final judgment. What is abolition in the legal sense? It is an intervention in a pending (or potential) criminal proceeding, not a decision of guilt or innocence.
It is important to emphasise that abolition does not mean that the person concerned has been declared innocent. It only means that the state decides not to pursue the matter further. It is this fact that often causes public misunderstanding and emotion. Indeed, abolition touches on a fundamental issue of justice and equality before the law.
In the Czech legal system, abolition is enshrined in the Constitution of the Czech Republic. It can only be granted by the President of the Republic with the countersignature of the Prime Minister (i.e. with the consenting signature of the Prime Minister, who bears political responsibility for this decision), which means that it is not a purely personal decision of the Head of State. The abolition is thus always the result of the political responsibility of the government.
In practical terms, the ordinary citizen rarely encounters abolition. Nevertheless, it is important to know what abolition is, because its effects can be significant not only for the accused, but also for the victims or the entire legal system.
Terms like abolition, amnesty or pardon sound complicated – and their legal implications can be even more complex in practice. If you are dealing with a criminal case, an unexpected dismissal, or if you are a victim and don’t know how to proceed, don’t just rely on general information from the internet. We will explain everything to you clearly and specifically for your case.
When people talk about the meaning of abolition, their original purpose is often forgotten. Abolition was not created to protect specific persons from justice, but as an extraordinary tool to deal with exceptional situations. Abolition’s significance lies above all in the possibility of responding to circumstances that go beyond the normal framework of criminal law.
A typical example would be a situation where the continuation of a criminal prosecution would be contrary to the wider public interest, for example on grounds of international relations, social reconciliation or the extreme length of the proceedings. Abolition thus acts as a ‘safety valve’ in a system that otherwise operates strictly according to the rules of law.
From a legal point of view, it is important that abolition is applied before the court decides on guilt. This is a crucial difference from a pardon, which applies after the sentence has been imposed. The significance of abolition therefore lies not in the remission of the sentence, but in the termination of the criminal process itself.
This is why abolition is considered a controversial institution. It can give the impression that justice has not been ‘completed’. On the other hand, it allows the state to prevent trials that would be impractical, disproportionately burdensome or socially harmful.
If you are personally affected by a situation where a prosecution has been discontinued or terminated for unclear reasons, it is appropriate to consult a professional. An attorney will explain to you whether it was an abolition or another procedural procedure.
Abolition can only be granted by the President of the Czech Republic. However, this is not an unlimited power. The Constitution stipulates that the decision on abolition requires the countersignature of the Prime Minister or a member of the Government authorised by him. This means that the political responsibility for abolition rests with the government as a whole.
The process of granting abolition is not a normal part of criminal proceedings. Abolition is not a legal entitlement and cannot be claimed; however, it can arise from various initiatives, but the decision is always up to the President and the countersigning member of the government. So if one expects to simply ask for abolition, it is fair to set the record straight. Abolition is not a remedy or a standard tool of defence.
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After the abolition is granted, the law enforcement authorities are obliged to stop the prosecution or not to start it at all. The decision has immediate effect and cannot be appealed. This is why the whole institution is perceived as exceptional and extreme.
In practice, it is important to distinguish correctly whether the proceedings have been discontinued on the grounds of abolition or, for example, for lack of evidence. This distinction can be crucial for further legal action, for example in the field of damages or the protection of reputation.
From the perspective of the accused, abolition means the end of the prosecution. However, it does not automatically mean clearing the name. Since the court has not decided on guilt or innocence, the legal situation remains in a certain “in-between space”. This is an important aspect that many people do not realize when they address what abolition is.
An abolition does not have the same impact as an acquittal. While the accused will not be convicted, there will be no official confirmation of their innocence. This may play a role, for example, in labour relations or in the public evaluation of the whole case.
For victims, abolition can be very problematic. The discontinuation of a criminal prosecution often means that they have to seek compensation in civil proceedings, which is a more complex and costly route.
It is in these situations that legal advice is crucial. An attorney can help you understand what your options are after an acquittal and how to defend yourself from further negative consequences.
One of the most common questions is what is the difference between abolition, amnesty and pardon. Although these terms are often used interchangeably, their legal meaning is different.
Abolition refers to criminal prosecution as such. It prevents its initiation or continuation. An amnesty is a collective decision that can have various effects, from the discontinuance of proceedings to the remission of sentences. A pardon is an individual act by which the President remits or commutes an imposed sentence.
Put simply:
The correct distinction of these institutes is important not only for orientation in the law, but also for practical decision-making when and with what to turn to a lawyer.
Hint: When a president grants a pardon, it often leads to debates about the limits of a presidential pardon. Learn what rights the president has in this context, where the limits of this power extend, and what have been the most controversial examples of it in the past.
Although abolition is rarely applied in Czech law, there have been a few cases in the past that have come to wider public attention. These situations also illustrate well the types of circumstances in which this exceptional institution can be used.
One of the most frequently mentioned cases is the decision of President Václav Havel at the beginning of the new millennium. In 2001, the criminal prosecution of the Catholic clergyman Vojtěch Vlastimil Protivínský, who was accused in connection with his remarks before the Senate elections in the Břeclav region, was dropped . The criminal proceedings concerned suspicion of defamation of nation, race and beliefs, for which he faced an unconditional prison sentence. The President decided to use abolition and the entire prosecution was terminated before the court’s decision.
In the following period, Václav Havel also used the abolition in the humanitarian case of an elderly man who grew cannabis for his own medical purposes. The prosecution was related to the cultivation of a prohibited plant, and the health of the man, who suffered from Parkinson’s disease, played a major role in the decision to discontinue the proceedings.
Abolitions also occurred during the presidency of Václav Klaus. He decided to discontinue criminal proceedings in two separate cases where the accused were not medically fit to fully understand the meaning of the criminal proceedings, according to the available information. These were the case of driving under the influence of addictive substances and the case of failure to fulfil maintenance obligations.
A similar situation occurred in 2016 under President Miloš Zeman. The abolition was applied to a person who, after suffering a stroke and due to a serious mental disorder, was unable to understand the ongoing criminal proceedings. The impetus for the solution was a request by the prosecutor, who herself did not have the power to stop the proceedings.
These examples show that abolition is applied in Czech practice, especially in exceptional and often medically or humanly sensitive cases, where the continuation of criminal prosecution would be pointless or contrary to the principle of humanity.
If you are personally affected by criminal proceedings or their unexpected discontinuation, it is not appropriate to rely on general information. Each case has its own specifics and the meaning of abolition can vary greatly in a particular situation. We can help you understand the legal implications and suggest a course of action.
That’s because at Accessible Advocate, we specialise in easy-to-understand explanations and practical help. Whether you are dealing with criminal charges, victim status, or just need an explanation of what abolition is and how it impacts your situation, we are here for you.
Abolition is a constitutional power of the President that interferes with criminal proceedings. It allows criminal prosecutions to be stopped or not started at all before a court has made a decision of guilt or innocence. If you are wondering what an abolition is, it is a decision made by the President of the Republic with the consent of the Prime Minister, for which the government is politically responsible. The importance of abolition is that it allows the state to respond to exceptional situations where the continuation of criminal proceedings would not be in the wider public interest. However, abolition does not mean a declaration of innocence – prosecutions do end, but without a judicial verdict, which can have consequences for both the accused and the victims. This is why it is important to distinguish abolition from amnesty and pardon, and to consult a lawyer in specific cases to explain the legal implications and other options for proceeding.
An abolition is a decision by the President of the Republic to stop or not start a criminal prosecution. He is able to stop criminal proceedings because it is a constitutional power of the Head of State whose purpose is to deal with exceptional situations that go beyond the normal scope of criminal law.
No. That’s a common mistake. Abolition does not mean that a person is declared innocent. It only means that the state decides not to proceed with the prosecution without a court deciding guilt or innocence.
Abolition may be granted only by the President of the Republic with the consent of the Prime Minister. An abolition cannot be applied for or sought – it is not a remedy or a common defence.
Abolition can have major consequences for victims, as the termination of criminal prosecution often means that they must seek compensation in civil proceedings. This is usually more complex and costly than dealing with criminal proceedings.
The difference lies in their effects: an abolition terminates or prevents prosecution, an amnesty is a collective decision with various effects (e.g. remission of sentences) and a pardon is an individual act by which the President forgives or commutes a sentence already imposed.
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