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The issues of pre-trial detention in criminal procedure
Klimešová, Barbora ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
- The issue of pre-trial detention in criminal procedure The topic of this diploma thesis is the issue of pre-trial detention in criminal procedure. The institute can be described as a securing institute of criminal procedural law that significantly affects the right to personal freedom of the individual, which conflicts with other human rights. In light of these violations of fundamental rights, it is not surprising that the institute is often discussed and is thus a sensitive topic. It is therefore often the subject of disputes, which are held in front of the Constitutional Court of the Czech Republic and other international courts. This thesis is divided into six chapters, wherein, the first part deals with the description of the institute of pre-trial detention itself, and discusses the principles that are related to it. The second chapter briefly describes the historical development of the institute of pre-trial detention on the territory of the Czech Republic since 1961, when the new Criminal Procedure Code was adopted. It emphasises the amendments No. 265/2001 Coll., and No. 459/2011 Coll., which both brought a significant change in the legal system of pre-trial detention. The third chapter focuses on the existing legislation based on case law in the Czech Republic and international courts....
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Preliminary injuctions in civil procedings
Hrnčiřík, Vít ; Winterová, Alena (advisor) ; Elischer, David (referee) ; Vychopeň, Martin (referee)
The topic of preliminary injunctions (injunctive relief) in civil proceedings has not been monographically processed and published in the Czech Republic for more than one hundred years. That is in spite of the practical relevance and topical debates pertaining to the topic. A whole array of problematic questions connected to preliminary injunctions is controversial and also legal opinions in Czech commentary literature considerably diverge in respect to particular issues. The thesis offers a systematic approach to preliminary injunctions and proceedings governed by the Czech Civil Proceedings Code and the Statute on Special Court Proceedings ("OSŘ" and "ZŘS"). Attention is paid to historic developments and comparable jurisdictions (especially Germany and Austria), which are used as a reference in cases where Czech sources are insufficient. The aim of the work is to pose and answer fundamental questions of the "law of preliminary injunctions". The work deals with function, typology, relation to the proceedings based on merits, interlocutory character, limits, means, effects, particularities (such as demonstration, justification), requirements for granting and possibilities of enforcement of preliminary measures, further with relation to relative legal creatures (i.e. preliminary enforceability) and...
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The issue of the concept of criminal custody
Špryňar, Michal ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
1 Abstract: The issue of the concept of criminal custody The subject matter of this diploma thesis is "The issue of the concept of criminal custody". Custody being an institute of the procedure criminal law is a very problematic securing instrument that limits rights of a convicted person. Custody is often the subject of disputes which is reflected on the case decisions of the Constitutional Court of the Czech Republic and on the decisions of international courts. The diploma thesis is divided in five chapters. Starting with a short introduction into the issues of custody, in the first chapter we describe its historical development in the Czech Republic and we concentrate mainly on statutory and amendatory acts after year 1989. The second chapter discusses the term and idea of custody, its purpose, main features and custody principles. The third chapter focuses on substantive enactment of custody, specifically on conditions for custody and their definitions. This chapter also includes examples of judicature of the Supreme Court of the Czech Republic. Custody substitutions are also treated in this chapter as well this chapter include the new preliminary precautions. The forth chapter discusses formal legal custody right and explains the way the substantive custody rights, explained in the previous chapter,...
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Rights of enterprises in the investigation of delicts within EU competition law
Tomicová, Jana ; Svoboda, Pavel (advisor) ; Pítrová, Lenka (referee)
As it is evident from the title, in my thesis I would like to provide an overview of the undertakings' procedural rights in proceedings under Article 101 and/or 102 of the Treaty on the Functioning of the European Union. Given the extensive investigative powers that are granted to the European Commission by the Council Regulation No 1/2003 and the consequences of being found guilty of violating Article 101 and/or 102 of the TFEU, it is necessary to ensure that the undertakings have enough ways available to exercise their right to defence and other rights and privileges guaranteed by the EU law and international treaties such as European Convention on Human Rights (e.g. the right to respect for private life). For this reason the EU law provides a range of procedural rights that should guarantee that both all the fundamental rights are observed and also serve as a system of checks and balances that prevents the misuse of the Commission's investigative powers. My thesis will focus individual rights of undertakings that are provided to them by the Council Regulation No 1/2003 and EU courts judicature. I will analyse their scope and purpose, the conditions under which they can be exercised and their limitations. Simultaneously a comparison between the rights of undertakings in the EU and U.S. legal system will...
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