Abstract
The authors of the paper deal with the philosophy of the privatization of elements of criminal justice, which in the last decades influenced the development of criminal justice in European countries, including the Slovak Republic. The philosophy of privatization in relation to criminal justice represents a wider acceptance of the individual interests of the subjects of criminal procedure. It is the strengthening of powers of the parties to the proceedings and at the same time the entrusting of criminal dispute solution to their own hands. Therefore, the aim of the paper is to examine the expanding philosophy of privatization of the Slovak criminal justice system (the so-called negotiating procedure, a.k.a. plea bargain agreement) which, with the aim of facilitating and simplifying the resolution of a criminal case, has brought the possibility of negotiating with the State the conditions for admitting the guilt of the accused, in exchange for imposing a less severe punishment. However, the aim of the paper is not only to examine the current legal regulation of this expanding phenomenon but also to show its seamy sides and to present comprehensible and reasonable legal opinion relating to its suitability. In the paper, the authors, therefore, deal with the question of whether the philosophy of privatizing the criminal justice is in compliance with the traditional values of the continental legal system. At the same time, they try to answer whether the philosophy of the so-called negotiated justice is not contrary to the fundamental principles of criminal justice. In the paper, the authors also ask questions like: Can the punishment be subject to negotiating? Is it justified on the ground of the society’s morality and fundamental values of the legal system if the State negotiates with the perpetrators of crime the conditions of their confession and the length of the punishment? Does the negotiated punishment fulfill its basic functions (preventative, repressive, protective, moral condemnation by society)?
Highlights
Criminal justice is an extremely important part of the Slovak legal order, the purpose of which is to ensure the protection of society against the most serious offenses
Especially since the beginning of the 21st century, the Slovak criminal justice system has been influenced by the privatization philosophy that has penetrated the European legal area
That is why in this paper we look at the phenomenon of privatized criminal justice more closely and through the generalization and abstraction, we are trying to bring new views and opinions to the scientific debate in the Slovak jurisprudence
Summary
Criminal justice is an extremely important part of the Slovak legal order, the purpose of which is to ensure the protection of society against the most serious offenses. The criminal justice system is based on the idea of respecting fundamental human rights and freedoms. It is based on respect and reverence for such values as the value of freedom, equality, and justice. Their expression can be found in the classical principles governing the continental (European) criminal justice system. Especially since the beginning of the 21st century, the Slovak criminal justice system has been influenced by the privatization philosophy that has penetrated the European legal area. Besides indisputable pragmatic advantages for the State itself, this relatively new philosophy of criminal justice has seamy sides which can significantly interfere with the system of traditional
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