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Wiretapping and recording of telecommunication traffic
Frolková, Klára ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
This thesis is devised as an analysis of the legal framework of the institutes of wiretapping and recording of telecommunication traffic, as well as the survey of the telecommunication traffic, which is included in the § 88 and § 88a of the act no. 141/1961 Coll., Criminal Procedure, as amended. The aim of this thesis was to analyze in detail the current and valid legal framework with respect to the protection of human rights and to point out the fact that the use of these institutes often finds itself on the threshold of considering the interference with the personal sphere of an individual to be justified/justifiable as well as the slight overstepping of such threshold by the public authorities, which I assume. The thesis is divided into four connecting chapters, not including the introduction and the conclusion. In the first chapter, which is divided into two sub-chapters, I address primarily the legal evolution of the examined institutes, as to when was the first time these institutes were incorporated into the valid legal framework and brought to life, their subsequent development and the most important amendments throughout the years. The second sub-chapter outlines the technical development from the not so distant past to the present, where I think about the evolution of technical...
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Restraint of an accused person with focus on the institution of custody
Frolková, Klára ; Bohuslav, Lukáš (advisor) ; Tejnská, Katarína (referee)
Restraint of an accused person with focus on the institution of custody Abstract Doctoral thesis concentrates on the topic of placing an accused person in custody as a security measure in the course of criminal proceedings, considered to be an ultima ratio measure within criminal procedure. The thesis consists of an introduction, nine separate chapters and the conclusion. The first chapter is dedicated to the historical background of the criminal custody institute in the Czech Republic, providing an introduction into the topic. The historical development is in itself an interesting chapter that would provide for an entire new thesis, but this thesis shall rather reflect the constitutional aspects of the criminal custody law, which are of an utmost importance, as persons a taken into custody under the presumption of innocence and need to be treated accordingly. The third, fourth and fifth part all regard the main topic of this thesis, referring to ways by which the accused party can be secured in the course of criminal proceedings. The following chapter describes the material aspects of the criminal custody law. A significant part of the thesis is further dedicated to the procedural aspects of criminal custody, in particular the taking into custody, duration of custody, custody hearing, complaint against a...
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Wiretapping and recording of telecommunication traffic
Frolková, Klára ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
This thesis is devised as an analysis of the legal framework of the institutes of wiretapping and recording of telecommunication traffic, as well as the survey of the telecommunication traffic, which is included in the § 88 and § 88a of the act no. 141/1961 Coll., Criminal Procedure, as amended. The aim of this thesis was to analyze in detail the current and valid legal framework with respect to the protection of human rights and to point out the fact that the use of these institutes often finds itself on the threshold of considering the interference with the personal sphere of an individual to be justified/justifiable as well as the slight overstepping of such threshold by the public authorities, which I assume. The thesis is divided into four connecting chapters, not including the introduction and the conclusion. In the first chapter, which is divided into two sub-chapters, I address primarily the legal evolution of the examined institutes, as to when was the first time these institutes were incorporated into the valid legal framework and brought to life, their subsequent development and the most important amendments throughout the years. The second sub-chapter outlines the technical development from the not so distant past to the present, where I think about the evolution of technical...
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