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European Arrest Warrant
Bicanová, Jitka ; Jelínek, Jiří (advisor) ; Sváček, Jan (referee) ; Záhora, Jozef (referee)
European Arrest Warrant is an institute of the police and judicial cooperation in the criminal matters. Based is on the mutual confidence of Member States in its legal systems. His formation was caused not only by the failed ratification of the international agreements governing extradition, but also by the terrorist attacks occurred on 11 September 2001 in New York. European Arrest Warrant meant the breakthrough into the national traditional sovereignty of Member States and that all to ensure the area of freedom, safety and justice inside Europe. Formation of the European Arrest Warrant led to the restriction of some principles, which dominated to the extradition, when between the most important ones belongs the principle of surrender of own citizens. European Arrest Warrant is the necessary means and tool of police and judicial bodies in the fight against the national and multinational crime, whose use rises year from year.
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Criminal liability of a doctor for withdrawal and withholding of a medical treatment
Peterková, Helena ; Císařová, Dagmar (advisor) ; Sváček, Jan (referee) ; Salač, Josef (referee)
The making of an end of life decision represents worldwide one of the most difficult issues that physicians can be confronted with - not only should it be regarded as consisting of medical and legal aspects, but ethics and moral values are present as well. Furthermore, it shall not be supposed that the economic parameter is negligible, unfortunately even to the contrary. The fact that the decision is often made by physicians under pressure caused by a system of limited resources (and therefore it can not avoid being distorted ) must be kept in mind. At any rate , according to Czech law under which neither assisted suicide nor life termination on the request is allowed, the legality and legitimacy of withdrawal and withholding of medical treatment is based on the argument of informed consent of the patient, advanced directives and the standard of lege artis treatment. These also shall be pleaded as defences in eventual criminal proceedings.
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Expert evidence in criminal proceedings
Borčevský, Pavel ; Musil, Jan (advisor) ; Gřivna, Tomáš (referee) ; Sváček, Jan (referee)
This thesis addresses the use of expert evidence in criminal trial proceedings. The author's primary aim is to present a thorough analysis of this highly specific form of evidence as contained in the Criminal Procedure Code, Act No. 141/1961 Coll., to identify its insufficiencies, and to suggest some potential legislative modifications. The author is aware that the role of an expert in criminal proceedings is also determined in part by the Act on Experts and Interpreters, Act No. 36/1967 Coll., but he deals with this organizational norm only marginally, as his main goal is to analyze the possibilities of using expert evaluations within the framework of criminal procedure. In this thesis, the author describes the historical development of this type of evidence, discusses the concept of the role of the expert in legal theory, and above all, presents his views regarding the law currently in effect, describing the use of expert evidence from its initial stages of appointment of an expert to the preparation and presentation of the expert opinion and the evaluation thereof. The author also takes account of some currently topical issues such as the confrontation of experts and the use of computer software in the expert's work. Given that recodification of the Criminal Procedure Code is currently underway,...
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