Journal of the Charles University Law Faculty
Jakub Drápal
Author’s affiliation:
Faculty of Law, Charles University in Prague
Does the wider usage of the shortened procedure of penal order lead to less non-suspended prison sentences?
Jurisprudence 5/2017 Section: Articles Page: 3-17
Keywords: penal procedure, penal order, shortened procedure, non-suspended prison sentence, legislation amendments
Abstract: Objectives: To find out whether there is a link between the usage of the shortened procedure of penal order and of non-suspended prison sentences. Methods: Amendments from 2001 made it impossible to impose a non-suspended prison sentence via penal order. Firstly, the impact of this amendment was calculated to allow a comparison with other legislative changes. Secondly, the relationship between the proportion of penal orders and non-suspended prison sentences was examined for individual courts and years (2006-2016 and yearly changes) while also considering seriousness and previous convictions. Results: There is a strong relationship between the proportion of penal orders and non-suspended prison sentences. As a result of the 2001 amendment, approximately one fifth of non-suspended prison sentences ceased to be imposed. Conclusion: Procedural changes may have a stronger impact on decision-making than changes in substantive law.
