Středa 8. prosince, 8:41 - TrestOnline
Novela trestního řádu dává Nejvyššímu soudu (NS) možnost rychleji projednat stížnosti pro porušení zákona podávané ministryní či ministrem spravedlnosti. Senáty trestního kolegia dostaly širší prostor k rozhodování v neveřejných zasedáních, řekl ČTK mluvčí soudu Petr Tomíček. Dosud musel soud svolávat procesně a časově náročnější veřejná jednání. Agenda ministerských stížností výrazně narostla v souvislosti s pandemií koronaviru a počáteční nejistotou, jak přísně je třeba trestat drobnou kriminalitu v době nouzového stavu. Novela nabývá účinnost dnes.
NS využívá nové možnosti hned od prvního dne, uvedl Tomíček. Do úterka museli soudci nařizovat veřejná jednání vždy, když chtěli rozsudkem zrušit rozhodnutí některého nižšího soudu, kterým byl porušen zákon v neprospěch obviněného, stejně jako v případě, kdy nařizovali doplnění neúplného výroku. Veřejné jednání bylo nutné svolat také v situacích, kdy soud konstatoval porušení zákona ve prospěch obviněného.
Soudci NS sami iniciovali změnu trestního řádu letos na jaře v reakci na hrozící zahlcení stížnostmi pro porušení zákona. Prostřednictvím stížností reagovala ministryně spravedlnosti Marie Benešová (za ANO) na případy mnoha obviněných, původně automaticky trestaných přísnější sazbou za bagatelní krádeže v době pandemie. Judikatura se postupně změnila a přísnější tresty nově dostávají jen odsouzení, u nichž se prokáže věcná souvislost krádeže s pandemií koronaviru – například když zneužijí mimořádné okolnosti nebo ukradnou třeba léky či respirátory.
Protože podstatná část dříve odsouzených už ztratila možnost podat ve lhůtě dovolání k NS, stala se ministerská stížnost pro porušení zákona jediným procesním řešením, jak původní rozsudky s vyšší trestní sazbou zvrátit. Benešová dosud podala 80 takových stížností, dalších 143 případů má ministerstvo rozpracovaných, informoval Tomíček.
Do úterka se soudcům trestního kolegia podařilo rozhodnout o 43 stížnostech. „Ve všech případech, ve kterých je možné už nyní informovat o výsledku řízení, konstatovaly senáty trestního kolegia NS porušení zákona v neprospěch obviněných. Až na výjimky proto rozsudky nižších soudů, nebo jejich části, zrušily a přikázaly nižším soudům věc znovu v potřebném rozsahu projednat a vydat nové rozhodnutí v souladu s právním názorem NS,“uvedl Tomíček.
(čtk)
Středa 8. prosince, 8:41 - TrestOnline
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