THE INSTITUTE OF CRIMINAL ORDER IN CRIMINAL PROCEEDINGS

#21The Institute of Criminal Order in Criminal Proceedings

A criminal order is an institute of an accelerated decision in criminal proceedings, which has the effects and nature of a conviction. The criminal order is governed by the provisions of Act no. 301/2005 Coll. Criminal Procedure Code.

It is a simplified form of a conviction in criminal proceedings. It can be imposed on the perpetrator of a criminal offence in cases that are not demanding (as for evidence or factually) - ie if the factual situation is sufficiently proven by the evidence (when it is not doubtful whether, based on 300/2005 Coll ., Of the Criminal Code, the act has occurred, and whether this act was committed by the accused).

It can decide on guilt, punishment, damages and protective measures, the court can impose a maximum sentence of imprisonment of up to 3 years, a ban on driving, a fine, confiscation, as well as house arrest. A criminal order may also impose a penalty of deportation, a ban on the residence and a ban on participating in public events.

The criminal order is issued by a single judge "ex-cathedra", ie "from the table", which means that the main hearing is not ordered in the case.

The criminal order contains, as well as the conviction, the requisites of the decision in the criminal proceedings - that is, the date and designation of the judge and the court that issued the criminal order, the issued protective measure as well as a statement on this protective measure, or a statement on compensation for damage. The criminal order must also contain instructions on the remedy (opposition).

As an example of the application of the institute of criminal order, we can mention the fact that on 20 December 2017, the then Member of the National Council of the Slovak Republic for ĽSNS Milan Mazurek received a financial penalty of 5,000 euros based on a criminal order of a judge of the Specialized Criminal Court.