|
|
Ensuring the participation of persons in criminal proceedings
Šmahelová, Michala ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
Ensuring the participation of persons in criminal proceedings The thesis provides a comprehensive account of the individual institutions of criminal procedure through which authorities involved in criminal proceedings ensure the participation of persons whose presence is essential for successfully conducting criminal proceedings. After a brief introduction, the first, most detailed chapter discusses all the procedural steps used to ensure the participation of the principal subject of criminal proceedings, namely the accused. In accordance with the basic principles of criminal procedure, particularly the principles of proportionality, restraint and subsidiarity, the discussion first focuses on less severe precautionary measures, that is summons, presentation, disciplinary fine and prohibition on foreign travel. The main part of the chapter is devoted to precautionary measures that place limitations on fundamental rights and freedoms, namely the personal liberty of the accused. These are detention, arrest and custody. The section on custody summarizes the legal conditions of custody and discusses in more detail the individual grounds of custody, the legal provisions regarding the decision process on custody and the examination of the existence of custody grounds. The pertinent case law is duly taken...
|
|
|
The issue of the concept of criminal custody
Šmahelová, Michala ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
- The issue of the concept of criminal custody The thesis provides a comprehensive overview of selected issues relating to criminal custody, one of the means of securing an accused person for the purposes of criminal proceedings and sentence execution, provided for in the Act on Criminal Procedure. After a concise introduction, the thesis examines the historical development of custody as regulated in the Act No. 141/1961 Coll., on Criminal Procedure. Limits of restricting personal liberty are then discussed from the viewpoint of the Czech Constitution and international commitments of the Czech Republic. The principle part of the thesis deals with material and formal custody law. It defines the term 'custody' and elaborates on the conditions of the imposition of custody, especially with regard to the particular grounds of custody. The section dealing with formal custody law is focused on the provisions regarding the decision process on custody, custody hearing, the examination of the existence of grounds of custody, the maximum duration of custody and the setting off a custody period against a term of imprisonment when the accused is found guilty. Due regard is also given to alternatives to custody, since the accused can only be deprived of personal liberty when the purpose of custody cannot be...
|
guest ::
