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House search and search of other premises pursuant to § 85b of the Code of criminal procedure
Šefrna, Jakub ; Jelínek, Jiří (advisor) ; Krupička, Jiří (referee)
1 Abstract This thesis deals with the issue of house search and search of other premises where the attorney carries out advocacy, regulated in § 85b of Act No. 141/1961 Coll., Criminal Proceedings. The said institute, which is used by law enforcement authorities, has proved more problematic in recent years than before. This is mainly because the public prosecutors are increasingly abusing this institute to obtain valuable information held by the attorney at the place where he carries out advocacy. A similar problem then arises with the judges who decide whether the required documents found at the attorney's place where he carries out advocacy will be obtained by the public prosecutor or the police body for examining, because they themselves are not entirely sure how to proceed in such a case and how to decide in accordance with the law. This often results in many disputes, aggrieved attorneys, but especially aggrieved clients who lose documents handed over in good faith to the attorney for defence purposes. Ultimately, the representative of the state interferes with the confidential attorney-client relationship and the fundamental right of defence as one of the basic human rights and pillars of a democratic society and the rule of law. By doing so, the state, instead of protecting the attorney's clients,...
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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...
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