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Examination of a witness in civil proceedings
Vobořilová, Tereza ; Smolík, Petr (advisor) ; Zoulík, František (referee)
62 The Examination of a Witness in Civil Proceeding RESUMÉ The theme of my paper is an examination of a witness in civil proceedings. This institute is quite common in trial by court, during the process of evidence. During the process of evidence past events are being reconstructed and means of evidence, which number isn't definite, are used. One of the means of evidence, quite a frequent one, is the mentioned examination of a witness. I chose this theme because of the branch of law which it refers to and also because this institute appears to be multispecial, as it is applied not only in civil law, but also in other fields such as psychology or sociology. Study of this issue therefore enabled me to look into these branches and so in my paper I tried to partly cover other fields as well. At the beginning of my paper I deal with development of this means of evidence, as its' usage was common long time ago. This institute was highly regarded in the old Roman law because of its' verbality. Subsequently, the written form predominated and therefore the testimony of a witness was not of such significance as documents. Over time when verbal testimony was more often used, it was again brought to the fore and by gradual historical development it gained its' current form. The witness person itself is the focal issue...
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Economic crime oriented on public tenders
Pohorský, Pavel ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee)
- 102 - volného trhu výrobku, služeb a podnikání, ale také vytvo it nezbytný právní rámec, v etn pot ebného trestn právního postihu hospodá ské trestné innosti. Summary This work dealt with the problem of economic crime, with a focus on public procurement. The work is detailed history of public procurement and its impact on the proper and economical use of public funds. It assessed the current and previous legislation on public procurement. There are also addressed basic terminological concepts such as authority, the candidate, candidate, contractor, then the contract according to the subject, according to the default values, etc., and the procedure the contracting authority and tenderers, along with activities related to the award of public contracts. In the context of economic crime are listed in the work and dismantling some of the facts of crimes, including their characteristics. Economic crime is a reader here and described how, in relation to criminal legal penalties, as well as in relation to the impact of the economic situation for the State. The work deals with the problem of detection and evidence of this crime, which has its specificities from other criminal activity and requires a high level of knowledge of the issues as police authorities and all involved experts from different areas of the...
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Did it really happen? : testimonies before the international criminal tribunals and in refugee status determination
Levrincová, Petra ; Kučera, Rudolf (advisor) ; Ondřej, Jan (referee) ; Fremr, Robert (referee)
The dissertation "Did It Really Happen? Testimonies before The International Criminal Tribunals and in Refugee Status Determination" promotes the creation of guidelines for the fair and consistent assessment of evidence in refugee status determination. The correct interpretation and effective application of these principles can reinforce local as well as global trust in the international refugee protection regime. The framework in which witness testimonies are assessed before the two ad hoc international criminal Tribunals - the International Criminal Tribunal for the Former Yugoslavia, and the International Criminal Tribunal for Rwanda - appears to be the most relevant for refugee cases. The judgements issued by Trial Chambers often include a coherent and logical description of how they work with and interpret rules on evidence, and their approach is generally approved by the Appeals Chamber. In addition to providing a background to the aforementioned Tribunals, and briefly outlining the main aspects of evidentiary practice before them, this work describes the refugee status determination procedure - highlighting selected challenges decision makers face with respect to evidentiary practice - and presents the features that international criminal trials and refugee status determination procedure have in...
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Selection and breeding from the legal point of view
Sovová, Martina ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee)
108 11. SUMMARY This thesis deals with the topic - "Selection and Breeding from the legal point of view". The intention of this work is to provide the presentation as integrated as possible on the legal adjustments as far as the selection and breeding of animals in the Czech Republic are concerned. The introductory chapters deal with the development in the field of selection and breeding activities as a whole on the territory of the Czech Republic. In the special chapter the authoress focuses on international agreements applying to the field of selection and breeding of animals including the legal adjustments and policy in the European Union. The fundamental part of work pays particular attention to the legal proceedings covering the selection and breeding methods represented among others by the Breeding Act. In the framework of this, the corresponding concepts and basic institutes which are "the selection" and "the breeding; the legal subjects participating in the field of selection and breeding of animals; the identification of animals and registration of animals, their owners and the holdings including the activity of supervisory authorities performed in compliance with the mentioned Breeding Act, are explained. The work has optimized the data gathered from the specialized literature, technical journals...
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Participation of experts and specialists in investigation
Šíf, Ivo ; Musil, Jan (advisor) ; Konrád, Zdeněk (referee)
1. Abstract This thesis deals with specific means of participation of experts and specialists in investigation, that is it discusses expert opinion, authorized expert's report and participation of consultant in investigation. The topic is interesting because it offers an analysis of very important evidence used by the police, courts or prosecutors to learn about all the facts related to the criminal proceedings objectively. Lately especially expert opinions and expert's reports are increasingly needed to clarify the most serious crimes committed by means of technology and finance. In order to solve these crimes, the expert knowledge is necessary. It is that kind of knowledge that police, judges and prosecutors do not and quite fairly cannot have. This paper in its particular parts talks about expert opinion, authorized expert's report and participation of consultant in investigation as written above and also about their mutual relations. What can be said about the expert opinion is that it contributes to clarification of questions which require expert knowledge but at the same time the complexity of these questions does not ask for authorized expert's report. The expert opinion can serve as the primary evidence. Nevertheless there are no formal requirements regarding expert opinion in contrast to the...
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Renewal of proceedings
Fejklová, Lucie ; Gřivna, Tomáš (advisor) ; Šámal, Pavel (referee)
Remedial measures in criminal law are set mainly to eliminate and correct mistakes, which have occurred in the course of the trial. It acts as a review and a remedy of law and legal defects. It can be divided into regular and special ones. Amid the regular remedial measures belong appeal, complaint and protest, to a group of special remedial measures belong apart from a renewal of proceedings, a review of an appeal and a complaint for the breach of law. Renewal of proceedings is a special remedial measure, which brings with itself interference into legal power. Renewal of proceedings with which one can contest only some legitimate decisions, in which criminal prosecution has already finished, is used for a removal of shortcomings in factual findings, because at that time all the decisive facts had not been known and the evidence, which came up only after the former decision has come into legal force. New evidence or facts underlying this extraordinary breach into inalterability and binding of judgments made in criminal proceedings are only the facts that were not part of evidence or survey or were not applied by any of the parties engaged in the proceedings and the only evidence that was not designed nor made by either party during the proceedings. As new evidence can be even used evidence already...
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Contribution to the evaluation swelling mechanism of DL-lactic and glycolic acid oligoester
Rufferová, Lenka ; Dittrich, Milan (advisor) ; Šnejdrová, Eva (referee)
In theoretical part this thesis deals with lactic acid polymers, their production, their characteristics, degradation and biological degradation. Also the use of these polymers in practice and the potential for their use in medicine are mentioned here. During seven days time the behavior of the DL-lactic acid oligoester and glycolic acid oligoester in aqueous environment was observed in the process of their degradation at the temperature of 37řC. The individual samples differed in their weight (50, 100, 150 and 250 mg) and in the length of the period of time, during which the behavior in the aqueous environment was observed. Three parameters were chosen as object of the observation: swelling degree, erosion degree and the acidity number. The results of the measurement were compared with the results of the observation of the behavior of the oligomer under identical conditions, but at the temperature of 7řC (those results were provided by my colleague Veronika Hašková). In some cases the results confirmed a correlation between the swelling degree and the acidity number in the course of the degradation of the oligoester. At the same time there was an evident difference in the behavior at the two different temperatures. The swelling and erosion of studied material proceeded at 37řC more intensively...
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The principle of discretionary evaluation of evidence in Czech case law
Vopršal, Ondřej ; Šámal, Pavel (advisor) ; Císařová, Dagmar (referee)
The aim of this thesis is to represent in detail one of the fundamental principles of the Czech criminal procedure, the principle of free evaluation of evidence. At first the thesis deals with theoretical aspects of this principle, since they are almost unavailable in the modern literature. The author afterwards analyses the extensive judicature of Czech courts (including the Constitutional court) related to general issues of evaluation of evidence as well as to particular means of proof. The thesis also contains proposals of legislative changes, as the legal regulation of criminal procedure seems to be no longer satisfactory.
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