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Court interpreting for non-native speakers in criminal proceedings (Czech Republic)
Koudelková, Zuzana ; Čeňková, Ivana (advisor) ; Langerová, Marie (referee)
The aim of the present theoretical-empirical thesis is to present the topic of court interpreting for non-native speakers, focusing on criminal proceedings in the Czech Republic. At first, the study looks into the context of Czech court interpreting, taking into account interpreters' tasks in individual stages of criminal proceedings and concentrating on communication situations in which non-native speakers take part. The topic of the second chapter is interpreting for non- native speakers in general. This chapter consists of findings and conclusions of studies published by Michaela Albl-Mikasa as well as other authors who address the topic of conference interpreting through lingua franca. The third chapter looks into interpreting for non- native speakers in the area of court interpreting. It is based on an analysis of findings obtained by lingua franca research in the field of conference interpreting against the background of general court interpreting theories. The empirical part provides a description of research based on hypotheses of a survey carried out by Michaela Albl-Mikasa transferred into the context of Czech court interpreting in criminal proceedings. The aim is to find whether interpreters, judges, state prosecutors, police officers and lawyers use different strategies when...
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Extraordinary remedies in criminal proceedings
Fejklová, Lucie ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee)
Remedies in criminal proceedings are designed in particular to remedy and rectify errors and mistakes occurring in the course of the proceeding, and as such serve for the review and rectification of both legal and factual defects. Remedies may be ordinary or extraordinary. Ordinary remedies include appeal, complaint and protest, while extraordinary remedies include extraordinary appeal, complaint for breach of law and renewal of proceeding. The principal prerequisite for the stability of final and enforceable decisions in criminal proceedings is their unchangeability. It is impossible to rule out a serious error, and such a defect in the final and enforceable decision of a law enforcement or judicial body may occur as a result that insisting on its binding and unchangeable nature would disrupt fair and correct decision-making. The finality and enforceability of a decision ought to be pierced in exceptional cases only, and then only when it is necessary and when the stability of the decision cannot be insisted on. Extraordinary appeal was introduced into the Czech legal order by the 2001 amendment to the Criminal Code. This extraordinary legal remedy serves to remedy enumerated defects in the most important types of court decisions, or to review life sentences. Extraordinary appeal can only be used...
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Criminal Trial
Myslivcová, Jana ; Říha, Jiří (advisor) ; Herczeg, Jiří (referee)
This Thesis is focused on the criminal trial, which is the most important part of the criminal proceeding. The purpose of the criminal proceeding, which is to investigate the perpetrator of the crime and his just punishment, is fulfilled during the criminal trial. The object of this Thesis is to present the process of the criminal trial and to particularly elaborate about the legal regulation of those juridical institutes, which may appear problematic or not fully clear. The aim is also to present the critical view on some juridical institutes contained in the legislation or to those which cause difficulties in practice together with the outline of their future regulation or de lege ferenda view or how the foreign regulation deals with them. This Thesis consists of five chapters which are subdivided into subchapters where it is necessary. The first chapter follows the purpose, object and legislation of the criminal trial together with introduction to the forthcoming recodification of the criminal procedure law, which should follow the recent recodification of the criminal substantive law. The second chapter deals with the basic principles of the criminal proceeding which apply to the criminal trial. The aim of the third chapter is to outline the process before the criminal trial itself, while...
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Appeals in Criminal Proceedings
Rejchrtová, Eva ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The Doctoral Thesis concerns with appeals in criminal proceedings from the point of view of their inclusion into the system of ordinary and extraordinary remedies characterizing them from the theoretical part with point of view to influence any basic principles of a criminal procedure and discusses the effect of revision principle defining the range of appellate court reviewing obligations and principles of an appellate court and cassation and appellation principles in the way of an appeal setting, as well as other demonstrations of other specific principles of a correction procedure. With regard to the basic changes that happened by last great amendment to the Criminal Procedure Code it describes the valid appeal legislation as the only appeal against a still not legitimate judgment of a first instance court and also draws attention to some actual problems of judicial practice. It compares the legislative confirmation of appeals in the Czech Criminal Procedure with the Slovak legislation and de lege ferenda consideres the needs of appeal proceedings with regard to the prepared re-codification of criminal justice process.
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Criminal Proceedings against Legal persons
Chovanec, Štěpán ; Herczeg, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
Chovanec, Š. Criminal proceedings against legal entities Criminal proceedings against legal entities represent a significant innovation for Czech criminal procedure law. Adoption of Act nř 418/2011, about Criminal liability of legal entities and criminal proceedings against them, is considered as acceptance of the world's phenomenon of enactment of the institute of Criminal liability of legal entities. The lawmaker had chosen a special regulation for criminal proceedings against legal entities which however does not describe the issues solely. So the Penal Code is considered subsidiary applicable regardless it does regulate criminal proceedings against a natural person. The author of this text deals with risks and potential problems connected to this construct. The author of this text describes selected aspects of criminal proceedings against legal entities from its beginning to the enforcement proceeding.
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An Injured Person and a Victim in Criminal Proceedings
Wagnerová, Gabriela ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The main aim of my thesis is to present an analysis of the effective legislation of the victim and the victim of the crime, its evaluation, finding weaknesses and outline plans de lege ferenda aspects. The doctoral thesis is divided into four compact sections. In the first section my focus is on the procedural status of the victims as parties to the criminal proceedings, next is presented the brief historical development of its rules, definitions and certain rights (the right to be informed, the right to protection and the right to be a party to criminal proceedings). The analysis of the procedural status is discussed in relation with the new legislation on crime victims. This amendment brought quite large changes of the Criminal Procedure Code as well. The focus here is also on the rights of the victims who are entitled to compensation. Then I comprehensively describe the possible ways how the victims of the criminal proceedings may claim the indemnity. In the last chapter of this section I did not forget to outline some of the shortcomings of the current legislation and some proposals of the de lege ferenda aspects. The second section of the thesis deals with the difference between the damaged party and the victim. It summarizes the most important milestones in the history of the legislation on...
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The injured party in criminal procedure and his/her protection
Solil, Martin ; Císařová, Dagmar (advisor) ; Vokoun, Rudolf (referee)
The injured party and his/her protection in criminal proceedings The presented thesis deals with the protection of an injured party in criminal proceedings as a whole, in particular with regard to his/her position as a party in the criminal proceedings, and to his/her procedural rights in accordance with the Rules of Criminal Procedure. The aim of this thesis is complex analysis of the position of an injured party in the Czech legal order with focus on differentiation of the concept an injured party (as the party of criminal process) and the concept a victim of an offence, as a person whose rights were violated in certain manner. The thesis is composed of five main chapters, each of them dealing with different aspect of the injured party involvement in criminal procedure. The first chapter contains thorough analysis of the concept an injured party, as is defined in the provision of Section 43 of the Rules of Criminal Procedure. At the same time, there is incorporated the analysis of limitation or exclusion of participation of an injured in criminal proceedings. Thereafter, the conclusion of this chapter is dedicated to the mentioned differentiation of the concepts an injured and a victim, in particular in the light of the new law on victims of crime. In the second chapter the author addresses...
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An agreement on guilt and punishment
Pišvejc, Lukáš ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The aim of my diploma thesis is to deal with recently enacted institute named agreement on guilt and punishment which was incorporated to the Code of Criminal Procedure by Act No. 193/2012 Coll. This Act also widen field of application of existing alternative procedures. The aim pursued by legislator is to achieve the increase of effectivity of criminal proceedings in the Czech Republic. My diploma thesis is divided into three main chapters. In the first chapter can be found presentation of existing alternatives procedures in the czech criminal proceedings with accent to the changes made by Act No. 192/2012 Coll. At the end of the first chapter there are statictical records showing the use of particular alternative procedures. In the second chapter I present and analyze the agreement of guilt and punishment. This chapter contains definition, history of evolution and conditions of use of the agreement of guilt and punishment. In the last chapter we can find comparison of the agreement of guilt and punishment to french institute named la Comparution sur reconaissance préalable de culpabilité which aims to provide inspiration for potential future changes of this procedure.
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Efficiency of criminal procedure and adjustment of pre-trial proceedings
Marková, Ljuba ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
v anglickém jazyce Efficiency of criminal procedure and adjustment of pre-trial proceedings The purpose of my thesis is to analyse relationship between basic principles of criminal procedure and the purpose of criminal procedure. The reason for my analysis is fact that basic principles are ground of criminal proceedings. They influence all institutes of criminal procedure law and the way how they are applied. The thesis is composed of five chapters. Chapter One is introductory and defines basic terminology used in the thesis: criminal procedure, purpose of criminal proceedings, pre - trial proceedings and other section of criminal proceedings. The chapter is subdivided into four parts. Part One describes term of criminal procedure and it's purpose and explains relationship between criminal proceedings and human rights. Part Two deals with history of criminal procedure codes in the Czech lands. Part Three deals with relevant Czech legislation connected with criminal proceedings and Part Four explains term of sections of criminal procedure and briefly describes individual sections. Chapter Two focuses on basic principles of criminal proceedings. The Chapter consists of sixteen parts. Part One focuses on term and importance of basic principles of criminal proceedings. The rest of the Chapter concerns...
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