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„What the system of justice needs the most are brave judges. Judge is the one who interprets the law and whose word is final. Judges are often under pressure of public and media. The prevailing opinion is that the justice happens when someone is convicted. On the other hand, the dropped charges are perceived negatively. Harsh punishments are popular and positively perceived. Therefore, it is impossible to put equal sign between punishment and justice.

This is true even more when there is increasing emphasis to decide about guilt by courts and publicly. Consequently, also innocent people end up being judged by the courts. The public is nowadays confronted with fragmented and shallow information provided by media and one sentence or one article concentrates information generated by long and complex proving process. In my opinion, the judge who is not afraid to issue unpopular verdict and who is ready to face media criticism is the most important factor in the system of justice.“

Criminal law and representation in criminal procedure

Our priority is the representation of the defendant in criminal procedure. Our team aids in providing explanations in criminal procedure and counsel in tort procedure. We also analyze problematic behavior in corporations.

Contrary to popular belief, criminal law does not only applies to situations where the interest of justice system is on one person, that being the person suspected of or the person accused of offences against life, health or property. I would like to emphasize that in today’s world the criminal law impacts a much larger range of relations.

Criminal law today

Criminal law today is also being presented as a way to pursue one’s financial interests. However, we believe it is necessary to differentiate between the characters of civil and criminal law.

The purpose of criminal law is not the protection of individual agendas of a person or a corporation. The purpose of criminal law is the proper investigation of crimes and just punishment of the guilty party in accordance with the law. I am deeply convinced that criminal law is to be used only where all other means of protection of rights of people and companies are exhausted, unusable or inappropriate.

In civil law is the client or the other party, depending on their procedural status, “in charge” of the procedure. This kind of dispute may end in a court ruling or a settlement. But in criminal law it is the state that, via its representatives, carries out its interest in discovery of crimes and punishment of those who commit these crimes. The state is not supposed to primarily use criminal procedure to secure the protection of interests of individuals and companies.

Furthermore, I am convinced that it is up to the decision of state who will it prosecute, and that it is not an individual’s concern (with the exception of specific cases described in law) to actively participate in this process. For these reasons I specify mainly in representation of the defendants.

Dr. Prokop Beneš, lawyer