|
|
Criminal proceedings in front of a single judge
Bělohradská, Lucie ; Říha, Jiří (referee) ; Krupička, Jiří (referee)
This rigorosum thesis on the topic of criminal proceedings in front of a single judge deals with, as the title suggests, a very specific, extraordinary criminal proceedings in front of a single judge, therefore in front of the only judge. Currently, the criminal proceedings in front of a single judge is frequently used, as under specific conditions stipulated by law, this proceedings enables execution of a criminal case in an often faster, economical and effective manner, especially in case that the single judge decides in a way that a decision in form of a penalty order is issued. The main objective and purpose of this work is not only to outline the criminal proceedings in front of a single judge as such in a close detail, but also to present all institutes that appear in criminal proceedings, respectively in criminal proceedings in front of a single judge and are closely connected to it. For the sake of better clarity and easier orientation of the reader this rigorosum thesis is divided into several main chapters and related subchapters. The main part of the work, respectively criminal proceedings in front of a single judge legislation de lege lata, continuously builds on and is based on historical context and results in the form of de lege ferenda consideration and suggestion. In conclusion,...
|
|
|
Current issues of position of the injured party and compensation for damages in criminal proceedings
Šeflová, Jaroslava ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
1 Abstract This thesis deals with the very current problem theme of the status of the injured party and a victim in criminal proceedings and compensation for damages, non-material damage and a release of an unjust enrichment in criminal proceedings. Work serves a legal definition of the injured party and a crime victim and deals with their status in criminal proceedings. As to the injured party, the thesis focuses on a definition and a position of the injured party as well as issues related to an adhesion proceedings in which the court decides about a claim of the injured party to damages, non-material damage and unjust enrichment. The focus of the issues relating to crime victims is their status and rights granted to them in the light of the recently adopted law amendment of victims of crime and international arrangements. The entire work arises all sorts of questions about the accuracy and effectiveness of the legislation which provides a reflection of the current state and at the same time proposals de lege ferenda. My thesis is systematically divided into four main parts. In the introductory part of this work is for a better orientation and understanding of the context described the historical evolution of the position of an injured party, by law of the injured party before 1950 to the time of the...
|
|
|
Special Methods of Evidence in Criminal Proceedings Focused on the Lineups of Suspect
Sypták, Dalimil ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
The goal of this thesis is to take a closer look at the special methods of gathering evidence which have become a part of the Criminal Procedure Code. In the past, these acts were considered as a special form of interrogation or examination. Firstly, the thesis deals with the historical development of the search for truth which was from time immemorial associated with perpetrator's confession as an indisputable proof of guilt. Specification of related terms both from the area of criminalistics and criminal law will follow. The next part will be devoted to the relation between criminalistics and special methods of gathering evidence, especially in the elimination of contradictions in the obtained evidence. In order to understand better memory limit options by recalling the backward image of perceived reality we will mention the mechanism of memory imprints origin.Part four analyses the general principles of these acts and in the fifth part we go through some special methods of gathering evidence. In the sixth, penultimate chapter, we discuss the recognition in detail as a special way of identifying the object. In the final part we will deal with the consequences of defects in the process and try to solve some problems in order to result in proposals de lege ferenda.
|
|
|
House search and inspection in criminal proceedings
Zetochová, Iveta ; Hořák, Jaromír (advisor) ; Vokoun, Rudolf (referee)
The paper deals with the issue of house search and inspection of non-residential space in criminal proceedings. It focuses on the historical and current legislation. The main part of this thesis deals with conditions of home searching and inspection of non-residential space. Applicable legislation is analyzed in terms of both basic definition of the term "flat" and "commercial space", as well as in terms of regulation ineffectiveness of evidence in case of violation of the law. The author of the work also discusses a radical judgment of the Czech Constitutional Court, which annulled the provisions of the Criminal Procedure Code, which allowed the prosecutor to order a search of non- residential space. The author gradually expresses the individual arguments of the Constitutional Court, trying to answer whether the annulment of provisions appropriate solution. In the next part the author demonstrates on case study the fulfillment of the legal conditions set out in first part and based on an analysis of reported case derive specific conclusions. A part of the paper focuses on the comparison of foreign laws: namely the legislation of the Federal Republic of Germany and the Slovak Republic. The work also includes an analysis of the legislation of house search of law firms. The main objective of this part...
|
|
|
Collateral Proceedings
Beranová, Andrea ; Jelínek, Jiří (advisor) ; Záhora, Jozef (referee) ; Vanduchová, Marie (referee)
The doctoral thesis focuses on the part of criminal proceedings in which the court adjudicates the injured person's private claims which arose in connection with a criminal act (so-called collateral proceedings). The importance of collateral proceedings lies in the fact that by using it the injured party may avoid time-consuming, financially as well as procedurally demanding civil proceedings. However, the institute of collateral proceedings comprises a number of specific issues since a criminal court adjudicates the private claims of the injured party in compliance with substantive law rules being outside of the scope of criminal law (mainly civil law and labour law regulations) but, still, within the framework of criminal proceedings. The basic source of the submitted thesis is the Czech legal order. However, it is not the only one taken into consideration. The doctoral thesis also contains comparative analysis of legal regulation of collateral proceedings from the point of view of the German and Swiss legal orders. Following the analysis of collateral proceedings de lege lata, as well as the comparison with foreign models I am submitting proposals for the improvement of legislation that could be used in connection with the planned recodification of the Czech Criminal Procedure.
|
|
|
The principle of subsidiarity of criminal law
Holečková, Petra ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Summary: Counsel in the Criminal Proceedings The objective of my thesis is to describe the position of a defense counsel during a criminal procedure and analyze the currently valid law governing the counsel's position in the criminal proceedings, and how is law applied in real life and also describe duties and obligations of defense counsel. I choose this topic, because during studies of criminal law I was intrigued by the complexity of criminal trial a by the role of the defense counsel in it. I wanted to gain deeper knowledge of rights and obligations of the defense counsel and research limits of criminal defense. Fair trial is considered as one of the fundamental basics of democratic state. The objective of criminal trial is to reach a proper and rightful verdict as a result of fair trial. Criminal trial could be considered fair only if both sides, the defendant and the prosecutor, are both provided with equal rights. Defendant is often a person without thorough legal knowledge and thus is considered to be in disadvantaged position. As opposed to prosecutor, defendant finds himself in new, unknown position, and his basic rights and his future life are endangered. To remedy this situation, defendant can be in criminal proceedings represented by defense counsel, who is professional, has experience and...
|
|
|
Cooperating defendant
Musilová, Nikola ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This diploma thesis deals with the institute of Cooperating defendant. In particular, it focuses on its relation to the basic principles governing the Czech criminal proceedings, as well as selected aspects of its legal regulations. The institute of cooperating defendant has been in legal force since January 2010. Its legal regulation may be found in the legal provision 178a of the Code of Criminal Procedure. The Criminal Code contains substantive legal provisions defining the consequences related to the attainment of the cooperating defendant designation. Such consequences especially include the exceptional reduction of the length of imprisonment or even complete waiver of any sort of punishment. The institute is typically used as a tool to fight organized crime. The institute has its roots in the common law legal system from which a lot of European countries have been importing many other legal institutes, especially in the last three decades, to speed up criminal proccedings, help solve the lack of evidence and fight against organized crime which poses a threat to the society as well as the democratic state. The import of legal institutes that are otherwise typical for the common law system, however, poses many obstacles, especially because the criminal proceedings of the continental legal...
|
|
|
Mediation in Criminal Matters
Albrechtová, Lucie ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Mediation in Criminal Matters is a part of Restorative Justice concept focused primarily on the reparation of harm caused by an criminal act. The ruling principle of Restorative Justice process is an active participation of the victim, offender and other persons affected by the crime on handling the concequences of crimes. Mediation in Criminal Matters has many common features with civil mediation, thus this thesis is concentrated on its specifics. This thesis is interested in fields of possible application of Mediation in Criminal Matters and its risks and benefits for the participants. There is offered an overviw of legal setting of Mediation in Criminal Matters in the Czech Republic and also in some european countries, which can serve as inspiration for future changes of our legal frame, which are suggested in the end. According to the actual results of criminological reseach seems Mediation in Criminal Matters to be an useful tool to handle consequences of crimes. This statement is valid under condition of respecting the rules for victims safety and proper case selection.
|
|
|
Selected issues of the status of injured parties and victims in the Czech legal order
Solil, Martin ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
The subject of this dissertation is the analysis of the position of an injured party and a victim in the Czech criminal legal environment. The aim of this thesis is also identification and practical analysis of particular procedural rights of injured parties and victims guaranteed to them by the Czech legislation. The dissertation has four main chapters. The first chapter is describing not only the general concept of an injured party but also particular claims that injured parties may exercises in the criminal proceedings. The second chapter contains not only description and analysis of adhesion proceedings, but also conditions under which claims of injured parties may be considered and decided by the Czech courts. The third chapter is devoted to the most problematic procedural rights of injured parties. The last chapter of this dissertation deals with the general concept of a victim and particular procedural rights of victims - mainly in the light of the "relatively young" law concerning victims of crimes.
|
|
|
Current issues of an agreement on guilt and punishment
Hájek, Tomáš ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Institute of agreement on guilt and punishment, was implemented into Czech criminal law by Act No. 193/2012 Coll. in 2012 and came into force on 1th September 2012. The institute belongs among diversions from standard criminal proceedings. The purpose of its introducing was an effort to increase efficiency of criminal proceedings. Generally, this instute is typical in common law system, however several countries with continental legal system have already introduced agreement on guilt and punishment into their criminal law - for example: Spain, Germany, Italy and Slovakia. In particular, the Slovakian agreement on guilt and punishment constituted fundamental basis for the Czech version of the agreement. The inspiration for choosing this topic for my Master's thesis was formed by internship at district prosecutor of Prague 4. I have had an option to attend conclusion of the agreement during the process there as well. The thesis is divided into six chapters, which are accompanied by my personal experiences from the internship. Each of them is dealing with different aspects of the institute. The content of the first and the second chapters are reasons for implementing of the institute and detailed analysis de lege lata and I have solved also a question in these chapters namely, if the agreement is in...
|
guest ::
