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National Repository of Grey Literature 2 records found  Search took 0.00 seconds. 
The Urgent and the Non-Repeatable Actions
 Tomášek, Marek ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
1 The Urgent and the Non-Repeatable Actions Abstract Urgent and non-repeatable actions are a special group of procedural actions of authorities involved in criminal proceedings. The criminal code provides a precise definition of urgent and non-repeatable actions, but in layman's terms, an urgent action must be carried out before the initiation of criminal prosecution, because otherwise it will lose its evidentiary value, and a non-repeatable action cannot be repeated in court proceedings. There is no exhaustive (enumerative) list that would determine which action is urgent or non-repeatable. The urgency and non-repeatability of an action are therefore always determined in each case according to the factual circumstances and relation to a specific person within the framework of application practice, even though judicial decision-making practice provides guidelines for such an assessment. Pre-trial criminal proceedings can be divided into two parts, the part before the initiation of criminal prosecution and the part after the initiation of criminal prosecution. From point of view of the authorities involved in criminal proceedings, the most essential feature of urgent and non- repeatable actions is that they can be carried out even before the initiation of criminal prosecution and the evidence obtained by...
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The initiation of ciriminal prosecution and actions realised before initiation of criminal prosecution
 Tomeš, Jan ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The initiation of criminal prosecution The reason for my thesis, is to analyse the procedure of initiation of criminal prosecution and acts of preliminary hearing that are connected to it. The stress will be put on problematic details of current legislation and conceptions created during the procedure of recodification of criminal procedure in the Czech republic.The thesis is divided into seven chapters, which analyse the initiation of criminal prosecution from different points of view and as a result describe the initiation of criminal prosecution as one of the most important proceduralal acts of whole criminal procedure. The firs chapter is focused on historical development of the initiation of criminal prosecution between years 1962 - 20116, especially its form, organization and systhematical position. Following chapter desribes and analyses preceeding of urgent and non reproductible tasks placed in section 158a of criminal code as an exception from usual procedure of collecting pieces of evidence in criminal procedure and its relationship to the initiation of criminal prosecution with using the case-law of the European Court of Human Rights Chapter three desribes general principles of the initiation of criminal prosecution in relation to definition of legal term act which the person is accused...
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