|
|
Residential inspection and inspection of another area and land as allowable intervention into the constitutionally guaranteed rights and freedoms
Děček, Milan ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The subjects of this rigorous thesis are two crucial institutes of criminal proceedings, namely search warrant and other areas search, acts of criminal proceedings bodies that legally limit the inviolability of the home and privacy. The author aims to analyse chosen inviolability of the home and privacy interferences and their constitutional conformity, legal regulation and practice of the courts regarding given institutes. The author analyses, apart from mentioned institutes of criminal law, also selected provisions of the Czech legal order, upon which the inviolability of the home interference arises. Besides search warranty and other areas search and plots can the the inviolability of the home and privacy interferences be seen in other countless cases, especially in the field of administrative law.
|
|
|
Principle nemo tenetur se ipsum accusare in criminal proceedings
Děček, Milan ; Gřivna, Tomáš (advisor) ; Ivor, Jaroslav (referee) ; Tlapák Navrátilová, Jana (referee)
Labor deals with the application of the principle of non-coercion to self-accusation in criminal proceedings, not only in the Czech Republic but also in other European countries and the USA. Partial results are obtained in particular by analyzing the case law of the European Court of Human Rights, the Constitutional Court of the Czech Republic and, not least, the work presented the views of the experts in the criminal process. Application of that principle is examined from different angles using various procedural acts when the argument was the same judgments inferred line between permissible and impermissible coercion from authorities involved in criminal proceedings. This limit is characterized by the activity of the accused to self- accusation, to which the accused may not be compelled under the threat of sanctions. The thesis deals with the historical development of the principle, its enactment in the valid law, but mainly with its application in the criminal proceedings. The application of this rule is examined not only for various types of testimony in criminal proceedings, but also for further evidence and procedural acts in criminal proceedings (recognition, issue / removal of the subject, identification, use of agent), as well as criminal prosecution of legal entities. The "nemo tenetur se...
|
|
|
Ineffectiveness of evidence in criminal proceedings
Děček, Milan ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This essay deals with problematic of evidence-efficiency. It is based on analysis of not only national, but also international law sources of different legal power. It further deals with this issue not only from theoretical, but also practical side of the Czech and as well another countries criminal procedure. It closer devotes to the conception of ineffective evidence in Czech criminal-legal theory. The question of efficiency of evidence obtained from inefficient evidence is considered one of the most complicated ones. The legal regulation itself does not reflect on that and jurisprudence as well as opinions of criminal law authorities are not uniform. Reasoning " de lege ferenda" lead to demand of a better legal regulation. Namely the addition of the legislation on General Conditions clause enshrining the ineffectiveness of the evidence exhaustively with significant defects in individual cases based on the prohibitions that were included in the adjustment of individual evidence.
|
|
|
Residential inspection and inspection of another area and land as allowable intervention into the constitutionally guaranteed rights and freedoms
Děček, Milan ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The subjects of this rigorous thesis are two crucial institutes of criminal proceedings, namely search warrant and other areas search, acts of criminal proceedings bodies that legally limit the inviolability of the home and privacy. The author aims to analyse chosen inviolability of the home and privacy interferences and their constitutional conformity, legal regulation and practice of the courts regarding given institutes. The author analyses, apart from mentioned institutes of criminal law, also selected provisions of the Czech legal order, upon which the inviolability of the home interference arises. Besides search warranty and other areas search and plots can the the inviolability of the home and privacy interferences be seen in other countless cases, especially in the field of administrative law.
|
guest ::
