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Nemo tenetur se ipsum accusare principle
Čupková, Kateřina ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Nemo tenetur se ipsum accusare principle Abstract The thesis deals with the nemo tenetur se ipsum accusare principle, which represents one of the fundamental procedural rights in criminal proceedings. The European Court of Human Rights considers it an inseparable part of the right to a just trial. Especially considering the problems arising in connection to interpretation and application of he said principle, the thesis tries to _ the most problematic areas of the principle's application and the different opinions as to what it entails. The first chapter contains the history of the principle's application, both on the European continent in civil law and in common law in both the United Kingdom and the United States. The second chapter summarizes the evolution of rulings of the European Court for Human Rights. Attention is paid to the relation between the nemo tenetur principle and the right to a fair trial contained in the Article 6 of the European Convention on Human Rights and also to the relation o other right contained in the same treaty, especially focusing on freedom from torture in order to obtain an evidence of a criminal act. The third chapter summarizes the Czech legislation on the topic, both on Constitutional level - especially focusing on those articles of the Charter of Fundamental Rights and...
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Institute of Pre-trial Detention in Criminal Proceedings
ZELENKOVÁ, Nikola
This bachelor thesis deals with the restriction of personal liberty of an accused person during the prosecution through the custody institute in the context of fundamental human rights and freedoms guaranteed by the rule of law including the international treaties to which the Czech Republic is bound. The thesis is divided into four chapters. The legal analysis of restriction of personal liberty through restraint or arrest that precedes the custody is followed by so-called material custodial law, specifically the custody institute focusing on the grounds for detention. The next chapter covers formal custodial law dealing with procedural aspects of the detention of an individual within the detention session, the detention order and the limits for accepting legal compensations for the detention by other measures. The last chapter deals with the detention in terms of rights and duties of an accused person in a detention including possible social-psychological aspects.
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Possibilities of parson's working in three prisons
Špinarová, Radka ; Vodáčková, Daniela (advisor) ; Večerka, Kazimír (referee)
(in English) This thesis deals with influencing of parsons in three different prisons in the Czech Republic (Prague - Pankrac, Pribram-Bytiz and Valdice). The theoretical part discusses prison's background where it encloses a person in the service of sentence in remand prison and a person in the service of sentence of imprisonment. Additionally, it focus on psychological aspects of serving a sentence in remand prison and serving a sentence of imprisonment. The main topic is the establishment of prison spiritual service, its description and aims. This part includes both the stories of the sentenced people and the introduction of the difference between prison spiritual service (parsons) and prison spiritual care (volunteers). The practical part is based on a qualitative research - from interviewing eight parsons (five men and three women). In this part, aims, methods, discussions and the results of the research are described. Mainly, there is included my own placement in those three prisons which has brought me plenty of experience and has enriched my own impression of those clients and the issues.
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Suicidium in Penitentiary Practice
Dohnal, Petr ; Boukalová, Hedvika (referee) ; Loneková, Katarína (referee)
This rigorous work deals with important phenomenon which is known by humankind from time out of mind. It is the phenomenon of suicide, intensified in this case by the fact that it happens behind bars among convicted people who are imprisoned or held in custody. These people find themselves in completely different living conditions than they were used to. Hardly anybody can put up with it completely and that is the reason why frustration occurs which leads to aggression, apathy and others. In critical situations it can lead to self-harming, attempted suicide or even successful suicide. The aim of this rigorous work is thus explanation of causes of suicidal acting of accused and imprisoned people. The work deals with complex view of suicide rate among Czech convicts in the Czech prison system. It is focused on basic terms of suicide, its solutions, theory of aggression and own issues of suicide in penitentiary practice. Basic fundaments of this rigorous work are epistemological solutions arranged as follows: terminological, philosophical, religious, historical and psychological. It continues in theory of aggression finished by automutilation. The core of the work lies in the analysis of suicidal behavior of convicted people in penitentiary practice and their comparison from 2012 to 2015, except for...
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Defender's participation in preliminary procedure
Blaškovanová, Veronika ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
This rigorous theme focuses on the position of defence counsel in the preliminary proceeding because the participation of the defence counsel on the criminal procedure is a contemporary topic, both from the theoretical and practical point of view. The theme of this thesis describes the development and strenghtening of the position of the defence counsel from the historical perspective as well as based on the evolution of jurisprudence. The core of the presentation theme is to define the position of the defence counsel as well as his / her rights and obligations in the preliminary proceeding. The defence counsel has guaranteed "defending" rights for all phases of the criminal proceeding due to the fact that the accused person has the right to be defended. This theme brings added value (especially from the perspective of its potencial use) to everyone due to the fact that the role of the defence counsel and his presence already in the pre-judical phase of the criminal proceeding is of vital importance not only for the proper enforcement of the right to be defended granted to the accused but also for the other phases of the criminal proceeding. Preliminary proceeding serves to verify the initial information concerning the commiting of crime and the reliability of such information, to detect a person...
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Custody in criminal trial
Nosková, Jana ; Jelínek, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
Docotral thesis deals with the issue of custody as a hedge of criminal law, which is the most serious interference with the personal liberty of the accused. The thesis in addition to the initial and final part is divided into nine chapters. The introductory chapter is devoting to embedding custody .The following chapter is focused on material issues of custodial rights. The main part is devoted to procedural custody issues, its own decision to remand the accused in custody, custodial session, review the merits of the custody decision to extend it and replacing the bond measure. In the following chapters is analyzed the custody in juvenile proceedings, the defense of the accused in custody, custody and liability for damage done by a detention. Briefly identifies the Slovak legislation custody. The last chapter is devoted to the detected data relating to remand cases for 2012 in the scope of the District Public Prosecutor's Office in Jihlava and their comparison with data from other government offices. The aim of my thesis was to provide a comprehensive characterization of the current legislation ties especially in the context of extensive amendment of the Institute No. 459/2011 Coll. and the attached amendment to Act No. 45/2013 Coll., to focused on some problematic provisions and propose approaches...
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Probation in system of criminal sanctions from the point of view of prevention of recidivm
Poláchová, Jana ; Válková, Helena (advisor) ; Matoušková, Andrea (referee)
The theme of my diploma thesis is the efficiency of the probation supervision of the system of justice. My aim is to inform wheather and in which way the probation supervision helps to reduce the risk of crime's relapse. This diploma thesis is divided into two parts. The first one is theoretical whereas the second one is practical. In the theoretical paragraph I explain the aims and reasons of probation supervision. The wide scope of taking advantages of this care is also mentioned. I describe all activities connected with the above. The pecularities of youngters's probation supervision are pointe dout, as well. Last but not least I inform about the course of the probation supervision and try to compare alternative sanctions to the imprisonment. A statistic survey of probation supervision in last few years makes a part of my thesis, too. The second part of my thesis is based on my practice in the centre of probation and mediation care. I mention the results of my research among the members of the working team in the above organisation and social worker's for youngsters and adults. I inform about their points of view of this care and connected probléme and thein cooperation. The next paragraph show the way of life of several clients of probation and mediation care. I inform about their situation, crime,...
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Special pedagogue role in system of treating with prisoners
Sechterová, Lenka ; Bajcura, Lubomír (advisor) ; Šotolová, Eva (referee)
This diploma thesis deals with special pedagogue role in system of treating with prisoners at the department custody and department of imprisonment. It also describes all the activities and programs, which are prepared by special pedagogue for accused and convinced. There is described the work of special pedagogue in Remand Prison Praha-Pankrác. The research was based on observations, case reports and interviews.
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Foreigns nationals interned in the Czech Republic
Čech, Pavel ; Polišenský, Miroslav (advisor) ; Gabriela, Gabriela (referee)
Diploma thesis describes foreign nationals imprisoned in the Czech Republic with more detailed focus on the characteristics of the selected groups. Based on the analysis, characterization and expert examination gives a comprehensive view on this issue and to help you navigate not only the interested persons.
The theoretical part focuses on the description of the Prison service of the Czech Republic as an institution, its role, structure and organization system. It also deals with the history and its evolution to the present time. It provides a comprehensive insight into the issue of foreigners in the Czech Republic, legislative regulation and crime. For purposes of this research work have been selected group of foreign nationals imprisoned in the Czech Republic, which are closer to the theoretical part, characterized, distributed and investigated.
Analytical part is focused on analysis of selected data, and layout (for clarity) into several sections, which always include one area of research interest of the issue. This section is arranged graphs providing an overview on the development of individual indicators.
In conclusion there is summary assessment and recommendations to individual areas of research.
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