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Surveillance of Persons and Items - Use of the Institute in Practise and its Constitutional Limits.
Slavíková, Adéla ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Surveillance of Persons and Items; Use of the Institute in Practise and its Constitutional Limits Abstract This diploma thesis primarily aims to analyze in detail legislation concerning the surveillance of persons and items in the Criminal Procedure Code of the Czech Republic. In order to present a comprehensive analysis, the thesis firstly defines the concept of Operative- Search Means and the basic conditions for their use. Subsequently, the author assesses particular aspects of the provision § 158d of the Criminal Procedure Code. The main focus is dedicated to the issue of interpretation of certain procedural norms, such as those concerning surveillance of communications between the defendant and their attorney, the covert surveillance in closed spaces, as well as those related to the highly debated issue of admissibility of surveillance records obtained in another criminal proceedings. With regard to all of these subtopics, the author presents the most prominent discourses of criminal procedural theory and practice. At the same time, the author presents her own suggestions as to how to deal with the issues at hand. The main thesis of the paper concerns the subsequent statement that the provision of § 158d of the Criminal Procedural Code regulating the surveillance of persons and items is in fact a...

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2 Slavíková, Aneta
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