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Summary Preliminary Proceedings
Doleček, Tomáš ; Tejnská, Katarína (advisor) ; Šelleng, Dalibor (referee)
Preliminary Proceedings Abstract in English The diploma thesis deals with the topic of Summary Preliminary Proceedings, which is one of the most important institutes in terms of accelerate the criminal proceedings. It is one of the three forms of preliminary proceedings, the essence of which is to enable simplification of the process for the least serious crime, so that the perpetrator of such a crime can be convicted and punished as quickly as possible. This is not only in order to make the proceedings more efficient in economic terms, but also to ensure that it has the greatest possible impact in terms of individual and general prevention. The aim of this thesis is not to discuss the above mentioned institute only in isolation, but also in its broader context. It therefore presents its characteristics, historical context, the problems associated with the proceedings, including a solution proposal, as well as a more detailed analysis of the planned modification. In addition, the thesis also presents the subsequent special Proceedings before a Single Judge, which, together with the Summary Preliminary Proceedings, form a kind of accelerated form of the entire criminal proceedings. The thesis is also structured in this respect. It consists of four chapters, firstly presenting the preliminary stage of...
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Peculiarities of child interrogation
Bažantová, Michaela ; Krupička, Jiří (advisor) ; Dvořák, Marek (referee)
1 Summary This thesis focuses on the description of specific elements occurring during the interrogation of children. The interrogation of children differs from the interrogation of adults and has its own rules due to the incomplete development of children and their psychological specifics. The entire thesis is divided into four chapters, which are further subdivided into individual subsections. The information used in this thesis were drawn from specialized literature, specialized articles, case law and legal regulations, various internet sources and finally also from materials provided by the Police of the Czech Republic and personal experiences of the Police Inspector. The aim of this work is a general summary of the available knowledge on the topic of the peculiarities of children interrogation and at the end of this work, there is an attempt to find and describe the theoretical knowledge discussed in the thesis in the ongoing practice of child interrogation from the provided protocols. The introductory chapter of the thesis is devoted to the explanation of the basic concepts that are key to the thesis. These concepts include the multidimensional concept of interrogation, which is described as it is viewed by various scientific disciplines, and the concept of a child in the Czech legal system, the...
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Defense of a legal entity in criminal proceedings
Svoboda, Edvin ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
Title of dissertation: Defense of a legal person in criminal proceedings Key words: defense of a legal entity, criminal proceedings, criminal liability of legal persons Abstract The topic of the rigorous thesis is the Defense of a legal entity in criminal proceedings. The first chapter deals with the basic concepts and concepts that the rigorous work deals with in it content, specifically it deals mainly with the concept and concept of a legal entity and it concept and defining features, then briefly outlines the history of legal entities. The second chapter of the submitted rigorous thesis is devoted to Act No. 418/2011 Coll., On the criminal liability of legal persons and proceedings against them. This law is first briefly characterized, then this chapter deals with topics directly related to this law, namely the analysis of key provisions of this law, the amendments made and their consequences for legal practice, reasons for punishing legal entities, the extent of criminalization of legal entities and finally and what vicissitudes accompanied the adoption of this law and what controversies surrounding it were discussed within the legal community. The last subchapter of the second chapter compares the state of this issue in the Czech Republic with other selected countries of the European Union. The third...
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Defence of a legal person in criminal proceedings and issues related to the defence
Kalousová, Simona ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
Defence of a legal person in criminal proceedings and issues related to the defence Abstract The rigorous thesis deals with the definition of problems of the procedural part of the law on criminal liability of legal persons and related problems arising from the Criminal Procedure Code. Problems related to the criminal liability of legal persons appear in the Czech legislation and in the legislation of other countries of the continental legal culture mainly due to the adoption of the institute from the Anglo-American legal culture. The Czech legal system was based on the criminal liability of natural persons only and the incorporation of the new institute thus requires a certain adaptation of the legal system. Moreover, the nature of a legal person is inherently problematic given its specific nature. The author selects the most important problems of the procedural part of the law, analyses them and assesses the suitability of the current legal regulation. Subsequently, the author compares the identified problems with foreign legislation of the countries of the continental legal system. The author considers the most significant problems of the Czech legislation to be the absolute exclusion of the institute of necessary defence for legal persons, problems related to the person of the guardian and problems...
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The principle of material truth in criminal proceedings
Vicher, Pavel ; Mulák, Jiří (advisor) ; Heranová, Simona (referee)
1 The principle of material truth in criminal proceedings Abstract The diploma thesis deals with the principle of material truth in criminal proceedings, which is reflection of the principle of factual findings in the criminal proceedings. The aim of the work is to determine whether the principle of material truth is still leading principle of criminal proceedings (i.e. the purpose of criminal procedure). To this end, the work analyses the rules of evidence, while also points out elements that weaken the principle of material truth. The diploma thesis is divided into six chapters. The first chapter is dedicated to legal principles. Firstly, is briefly considered the substance of principles in law and specificularity of their application. The remainder of the chapter is dealt with basic principles of criminal proceedings in general with emphasis on their functions in criminal proceedings. At the start the second chapter defines three principles of factual findings, namely principle of material, objective and formal truth. What follows is short history of Czech legislation. This chapter primarily deals with the principle of material truth and its current conception in the Czech Criminal Code in essential connection with other principles of criminal proceedings. The third chapter deals with regulation of...
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Criminal proceedings against legal persons
Gebauer, Jan ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
1 Abstract The thesis deals with selected procedural issues of criminal proceedings against legal persons, especially those procedural institutes that are controversial in theory or application. The aim of this thesis is to point out and analyse these procedural shortcomings, which stem not only from the strict legal regulation of Act No. 418/2011 Coll., on criminal liability of legal persons and proceedings against them. To this end, the legal regulation is evaluated and the author bases his interpretation on the opinions of the professional public. To achieve this goal, the method of description, analysis, including linguistic interpretation is used. This thesis is divided into 4 parts in which the author elaborates on the procedural aspects of criminal proceedings against legal persons. The introductory part describes the basic concepts that are necessary to grasp the procedural issues and without which the interpretation would not be complete. The second part is devoted initially to the substantive law institute of "evolving from criminal liability" of a legal person, which, however, has an overlap into the procedural law context and thus deals in detail with the problem of shifting the burden of proof to a legal person, and in its conclusion states that it cannot be accepted in criminal proceedings...
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Selected Issues of Criminal Proceedings against a Legal Entity
Čabrádek, Josef ; Mulák, Jiří (referee)
Selected Issues of Criminal Proceedings against a Legal Entity Abstract As the name implies, this work deals with selected issues of criminal proceedings against a legal entity. In the presented work, the author aims to draw attention to some difficulties that may arise in criminal proceedings due to the typical nature of legal entities, and to the selected institute of criminal procedural law comparison of the application of principles of criminal proceedings between natural person and legal entities. In fact, the initial problem may be that the current criminal law relating to legal entities is launched briefly. Therefore, this work reflects the current special legislation governing criminal proceedings against legal entities in the sense of Act No. 418/2011 Coll., of criminal liability of legal entities and proceedings against them, applying the relationship of subsidiarity to the general legislation of criminal procedural law, namely Act No. 141/1961 Coll., of Criminal Procedure. At first, the author briefly addresses the question of whether the principles of criminal proceedings apply to criminal proceedings against a legal entity. For the purposes of further formulation of this work, the author simultaneously discusses in the first chapter the principle of equality before the law. In other parts of...
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Limits of interference with constitutionally guaranteed rights and freedoms in criminal proceedings
Doležalová, Dominika ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Limits of interference with constitutionally guaranteed rights and freedoms in criminal proceedings Abstract The presented thesis deals with one of the key issues of criminal procedural law, namely the limits of interference with constitutionally guaranteed rights and freedoms in criminal proceedings. The regulations of criminal proceedings in the Czech Republic, a democratic state governed by the rule of law, must, while preserving the tools for effectively combating crime, contain such guarantees of a fair trial that the full protection of the rights and freedoms of the persons being prosecuted is ensured. In view of the increasing standard of protection of fundamental rights and freedoms on the one hand and the increasing sophistication of criminals as a result of globalisation and the rapid development of modern technology on the other, this creates an extremely difficult task for the legislator. This thesis presents a detailed analysis of the issue. Recent developments in the Czech jurisprudence made apparent certain gaps in the legislation of criminal proceedings, specifically in the area of "evidence" and in the related area of interception. For this reason, the first out of the five chapters of the thesis discusses the establishment of the practice of fair trial in the Czech Republic, which puts an...
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The Issue of Pre-trial Detention in Criminal Procedure
Gabryšová, Jana ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
The Issue of the Instrument of Criminal Custody Abstract The concept of criminal custody and the problems associated with it represent a relevant and important topic resonating in legal theory and application practice. On the one hand, custody is considered to be one of the most effective ways to ensure the successful course and purpose of criminal proceedings, since its essence lies in restricting the personal freedom of a person whose guilt and punishment have not yet been decided on the basis of conditions defined by law, but on the other hand, the question arises more and more frequently whether this traditional criminal procedural instrument can still stand up to the growing guarantees of fundamental human rights and freedoms established by both national and international law. The aim of this thesis is to identify the problems related to the instrument of criminal custody, to find out what they entail and to try to find solutions to them by means of existing or own de lege ferenda proposals. Four chapters focusing on the problems of pre-trial detention serve this purpose. The first chapter of the present thesis defines the concept of criminal custody, its purpose and also the limits to the restriction of personal liberty by custody resulting from the most important national and international human...
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Admissibility of evidence in criminal proceedings
Pazourková, Klára ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
Admissibility of evidence in criminal proceedings Abstract The thesis deals with the procedural applicability of evidence in criminal proceedings from the perspective of defects caused by violations of procedural rules of evidence. The aim of the thesis is to summarize the applicable legislation with a focus on procedural acts of law enforcement authorities in criminal proceedings and to analyse the defects that may arise in the process of evidence. Can any substantial error in the acquisition or execution of evidence prevent its use in court proceedings? How do Czech courts view violations of procedural rules on evidence, or defects in the process? The author tries to find answers to these questions by analysing the institutes and principles related to the field of evidence and by analysing the decisions of the Constitutional Court and the Supreme Court. The work is divided into six parts - four chapters, introduction and conclusion. The first chapter is devoted to evidence on the theoretical level. It defines important concepts related to evidence and characterizes the means of evidence listed in the Criminal Procedure Code. Last but not least, it also contains the basic principles governing evidence, also with regard to international regulation. The second chapter deals with theoretical approaches to the...
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