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The problems of judicial expertise in criminal proceedings
Dostálová, Kateřina ; Mulák, Jiří (referee)
The problems of judicial expertise in criminal proceedings Abstract The diploma thesis focuses on forensic expertise and the current state of the subjects performing expert activities in the Czech Republic. Its aim is to prove empirically that the number of experts is insufficient. The thesis also focuses on possible problems that may arise in connection with the absence of experts, expert offices and expert institutes not only in practice but also in the court proceedings themselves. In order to comprehensively identify the state of expert subjects, the thesis uses analytical, normative and empirical approaches of scientific research using mainly static methods and qualitative interviews. The outflow of forensic experts is a long-term phenomenon. The current number of experts is the lowest in the last 20 years. At the same time, the list of experts includes fields and sectors in which no expert is registered. Their absence is reflected, for example, in the need for more frequent use of ad hoc experts, which can be problematic. It has a negative impact on the right to a fair trial, in particular on the so-called 'equality of arms', as only public authorities can bring in persons performing one-off expert activities. There is also a problem of undermining the professionalisation of expertise, as ad hoc...
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Impact assessment of Act No. 254/2019 Coll., On Experts, Expert Offices and Expert Institutes
Somerlíková, Martina ; Výskala, Miloslav (referee) ; Aigel, Petr (advisor)
The final thesis deals with the issuance of Act No. 254/2020 Coll., On experts, expert offices and expert institutes. The aim is to analyze, describe and evaluate the impact of the law change on expert activities. The analysis took the form of a questionnaire survey addressing 1,002 experts. The evaluation of the results is processed using graphs, tables and free citations of experts. The thesis deals with the characteristics of individual provisions of the law, their negative effects and benefits. The output of the work is an analysis of the current situation. In the end, recommendations and proposals for measures are formulated.
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The problems of judicial expertise in criminal proceedings
Dostálová, Kateřina ; Šelleng, Dalibor (advisor) ; Hořák, Jaromír (referee)
The problems of judicial expertise in criminal proceedings Abstract The diploma thesis focuses on forensic expertise and the current state of the subjects performing expert activities in the Czech Republic. Its aim is to prove empirically that the number of experts is insufficient. The thesis also focuses on possible problems that may arise in connection with the absence of experts, expert offices and expert institutes not only in practice but also in the court proceedings themselves. In order to comprehensively identify the state of expert subjects, the thesis uses analytical, normative and empirical approaches of scientific research using mainly static methods and qualitative interviews. The outflow of forensic experts is a long-term phenomenon. The current number of experts is the lowest in the last 20 years. At the same time, the list of experts includes fields and sectors in which no expert is registered. Their absence is reflected, for example, in the need for more frequent use of ad hoc experts, which can be problematic. It has a negative impact on the right to a fair trial, in particular on the so-called 'equality of arms', as only public authorities can bring in persons performing one-off expert activities. There is also a problem of undermining the professionalisation of expertise, as ad hoc...
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Impact assessment of Act No. 254/2019 Coll., On Experts, Expert Offices and Expert Institutes
Somerlíková, Martina ; Výskala, Miloslav (referee) ; Aigel, Petr (advisor)
The final thesis deals with the issuance of Act No. 254/2020 Coll., On experts, expert offices and expert institutes. The aim is to analyze, describe and evaluate the impact of the law change on expert activities. The analysis took the form of a questionnaire survey addressing 1,002 experts. The evaluation of the results is processed using graphs, tables and free citations of experts. The thesis deals with the characteristics of individual provisions of the law, their negative effects and benefits. The output of the work is an analysis of the current situation. In the end, recommendations and proposals for measures are formulated.
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