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Substantiation of Electronic Evidence
Krákorová, Simona ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
81 Thesis title Substantiation of Electronic Evidence Abstract Thesis deals with the substantiation of electronic evidence within the framework of criminal procedure. The importance of the issue of obtaining such a category of evidence further intensifies as the technology continues to develop. The various types of crime perpetrators simultaneously leave behind digital traces with regard to almost all cases. Therefore, the author focuses on the issue, whether is it possible to obtain such an evidence effectively. The author concurrently takes into account the question of whether the process of obtaining electronic evidence meet certain threshold of protection of the fundamental rights and freedoms of an individual. Hence, the author analyses the characteristic of the individual relevant procedures. The issue of data retention, in other words the areal data collection and preservation in the light of recent case law as well as the possible adjustments to current legislation is subject to scrutiny. Attention is drawn, inter alia, to the novel procedure which enables preventive preservation of data important for the criminal proceedings. Furthermore, the author takes into account the issue of obtaining the content of the communication by means of electronic mail. Moreover, thesis deals with the partial...
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Evidence in civil proceedings and Information technology
Vobořil, Daniel ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This diploma thesis deals with the issue of evidence in civil proceedings and evidence closely related to information technology. The importance of this issue constantly intensifies together with the expansion of digitization in social relations. Particular attention is paid to the issue of electronic evidence in a broader sense, its probative value, characteristics, but also to the issue of their imputability to a specific person or authenticity. At the same time, the thesis focuses on the practical aspect of this matter and the way in which the relevant evidence is obtained and taken, especially with regard to the approach and decision-making practice of Czech courts. The overall objective of the thesis is to evaluate current practice and to define basic practical and theoretical issues arising from the specificity of such evidence. It also needed to be pointed out that there are numerous advantages electronic evidence carries, among others, the amount of information it contains. At the same time, the attention is also briefly paid to possible future developments in this area. For this very purpose, the thesis is divided into several parts in order to provide, first and foremost, insight into the general underpinnings of information technology and evidence in civil proceedings. Central to this...
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Substantiation of Electronic Evidence
Krákorová, Simona ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
81 Thesis title Substantiation of Electronic Evidence Abstract Thesis deals with the substantiation of electronic evidence within the framework of criminal procedure. The importance of the issue of obtaining such a category of evidence further intensifies as the technology continues to develop. The various types of crime perpetrators simultaneously leave behind digital traces with regard to almost all cases. Therefore, the author focuses on the issue, whether is it possible to obtain such an evidence effectively. The author concurrently takes into account the question of whether the process of obtaining electronic evidence meet certain threshold of protection of the fundamental rights and freedoms of an individual. Hence, the author analyses the characteristic of the individual relevant procedures. The issue of data retention, in other words the areal data collection and preservation in the light of recent case law as well as the possible adjustments to current legislation is subject to scrutiny. Attention is drawn, inter alia, to the novel procedure which enables preventive preservation of data important for the criminal proceedings. Furthermore, the author takes into account the issue of obtaining the content of the communication by means of electronic mail. Moreover, thesis deals with the partial...
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Protection of Personal Rights in Cyberspace
Sivák, Jakub ; Frinta, Ondřej (referee)
Protection of Personal Rights in Cyberspace Abstract I chose the doctor thesis topic, Personality protection in cyberspace, for several reasons. First of all this topic is close to me as I am interested in protection of personality for couple of years (I have dealt with personality protection in scientific articles, my diploma thesis and protection of personality is also the subject of my dissertation thesis at this university). Secondly, this theme is a very actual issue and there is still space to come with new approach and move the legal science forward. The aim of the thesis is therefore to bring new ideas and approaches on this issue. The thesis introduction deals with important milestones of personal protection. Among them is the Law Code of Hammurabi, the Constitution of the Athenians, the Law of Twelve Plagues, the Edict of Milan, the Magna Carta Libertatum, the Declaration of Independence, the Declaration of the Rights of Man and of the Citizen, the League of Nations, and in Bohemia ABGB or the Press Act. The following parts further define terms as follows: human personality, the protection of personality and the cyber space. This part of the thesis describes, in theory, respective parts of a human person's personality that may be affected by a cybernetic attack. This part is followed by a chapter...
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