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Cassation and appeal in the criminal procedure code
Podlucký, Jakub ; Šámal, Pavel (advisor) ; Říha, Jiří (referee)
Cassation and appeal in the criminal procedure code Abstract The principle of cassation and appeal are the two basic principles that govern corrective criminal proceedings. This thesis maps the rate of their occurrence in the current legal regulation of Czech criminal proceedings and proposals for regulation in the new criminal code, the adoption of which has been discussed very frequently in recent years. Today, we can no longer find the principle of cassation or appeal in its pure form in any remedy, but there is always a combination of both principles with the predominance of one of them. The thesis thus tries to find a suitable combination of these principles for individual remedies. The first part of this thesis deal with the position of the cassation and appeal principle in the system of principles that govern the Czech criminal procedure and defines the definition of the appeal and cassation principle in their pure form. The second part describes a historical excursion of the position of the appeal and cassation principle in the criminal codes valid on the territory of the current Czech Republic from 1873 to 2001. The third part of this thesis deals with the current legal regulation, in particular the definition of the current concept of individual principles, their advantages and disadvantages, and...
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Presumption of Innocence
Svoboda, Timon ; Gřivna, Tomáš (advisor) ; Říha, Jiří (referee)
Presumption of Innocence: Possible Limitation and Obstacles to Fulfillment Abstract The presumption of innocence is one of the oldest legal principles, a guarantee of an objective approach to the accused in criminal proceedings and a human right. This thesis deals with the concept, content and history of the presumption of innocence and its embodiment in law and nature, not only from a legal point of view. The author comes to the conclusion that the presumption is not of absolute nature and it is possible to limit it in order to preserve other values. The main topic of the thesis is the issue of the possibility of limiting the presumption of innocence. Based on the analysis of ECtHR and Constitutional Court jurisprudence and opinions of experts, the author comes to the conclusion that the presumption of innocence can, under certain conditions, be limited in a permitted manner firstly by placing the burden of proof on the accused, secondly as a result of the statutory regulation of proceedings on extraordinary remedies filed in favor of a deceased convict and thirdly as a result of the accused pleaing guilty. On the contrary, in the case of pretrial detention, the author came to the conclusion that the imposition of pretrial detention is not a limitation of the presumption of innocence. However, the...
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Criminal and Criminological Aspects of Spreading Disinformation
Řeháková, Pavlína ; Gřivna, Tomáš (advisor) ; Říha, Jiří (referee)
Criminal and Criminological Aspects of Spreading Disinformation Abstract This master thesis focuses on the spread of disinformation within criminal law and criminology. The master thesis analyzes and describes the phenomenon of disinformation, detects criminal offences that may be committed in connection with the spread of disinformation and describes such criminal activity from the criminological point of view. The text of this thesis is divided into three parts, the core of the thesis is in the second and third part. The first part of the thesis deals with the term of disinformation and related terms, such as misinformation, fake news, hybrid and information warfare, hybrid threat and propaganda, specifically their definitions and explanations. The second part of the thesis is criminological, therefore it deals with criminological aspects of spreading disinformation. Within the scope of phenomenology, the state and dynamics of crime are described with the help of police statistics. This chapter also addresses the possible characteristics of perpetrators and victims of criminal activity related to spreading disinformation. The etiological chapter analyzes the causes of the spread of disinformation and criminal activity related to such spread. Last chapter of this part deals with crime control, specifically...
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Obtaining digital evidence for criminal proceedings
Sadílek, Martin ; Gřivna, Tomáš (advisor) ; Říha, Jiří (referee)
Obtaining digital evidence for criminal proceedings Abstract The present diploma thesis analyses the criminal law procedural instruments that can be employed by the law enforcement authorities of the Czech Republic in obtaining digital evidence, mainly focusing on Act No. 141/1961 Coll., the Criminal Procedure Code. The first chapter focuses on analysing the digital evidence concept, considering various approaches to its definition. Consecutively, the term is defined for the purposes of the present thesis, and the chapter concludes with a description of the digital footprint attributes. The second chapter addresses international regulations, namely the Convention on Cybercrime, with regard to the obtaining instruments its signatories are obliged to implement in their legislation. Moreover, the chapter also analyses how the Czech Republic has fulfilled its implementation obligations. The focus of the thesis represents the analysis of the national legislation, discussing the individual procedural instruments used by law enforcement agencies and their pitfalls. In particular, the thesis emphasises the description of the identification of operational and location data, especially considering the topic of data retention and the issuance of orders for the identification of operational and location data in the...
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Criminal Warrant
Hrušková, Kateřina ; Říha, Jiří (advisor) ; Šámal, Pavel (referee)
70 Abstract This presented thesis deals with the subject of criminal warrant. Its goal is to analyse the current legal regulation of these provisions covered in Act No. 141/1961 Sb., Criminal Procedure Code, and to propose possible solutions for the individual contested parts, which would contribute to better and more effective application of this regulation in the future. The thesis contains five main chapters, which are further divided into individual subchapters. The first chapter describes the history of the criminal warrant on our territory from its first introduction into our legal system in 1929 to the present. The second chapter presents the criminal warrant in its current form in a broader context of the criminal procedure. It focuses on its relation with certain theoretical terms, which are typically connected to it, such as judicial decision, special type of proceedings, and diversion. The third chapter is dedicated to relations between the criminal warrant and the basic principles of criminal procedure, with the emphasis on those which are resicted or otherwise modified when criminal warrant is applied. Also mentioned is the case law of the European Court of Human Rights and its position on the criminal warrant in light of the right to a fair trial. The fourth chapter is then focused on the...
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Criminal law aspects of police provocation
Šulda, Pavel ; Říha, Jiří (referee)
1 Criminal law aspects of police provocation Abstract in English This diploma thesis deals with definition of possibly the most exact limit between legal entry of prosecuting authorities to the factual act of the crime and inadmissible police provocation. Following this determination of the limits, which is the main aim of the thesis, it gives the tightest definition of police provocation, it solves possible criminal law consequences of police provocation and it brings a brief analysis of admissibility of further forms of behaviour that can result in an intention of other person to commit a crime. For this purpose the thesis is divided into 4 chapters. The first chapter deals with the problem of police provocation in a broader context of fight against organized crime. It is highlighted the necessity of really careful consideration of the tools and the amount of their usage when fighting organized crime so that their deployment means tolerable rate of interference with human rights and freedoms. The second chapter follows, which deals with general introduction of tools used to fight not only organized crime. These are operational and investigative acitons and supportive operational and investigative actions, using which there most often comes to police provocation. In case of operational and investigative...
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Criminal procedure in front of a single judge
Herš, Michal ; Říha, Jiří (advisor) ; Šelleng, Dalibor (referee)
PROCEEDINGS BEFORE A SINGLE JUDGE Abstract The topic of this diploma thesis is criminal proceedings before a single judge. Due to the relatively broad subject matter, the author of this diploma thesis has focused largely on the history of the development of criminal justice as such and in a later stage of development directly on the proceedings before a single judge in criminal proceedings and the institution of the criminal order. The description of the historical development begins in the second half of the 19th century, where, according to the author, the first beginnings of the European reformed criminal procedure were planted, from which the criminal procedural law is based until today. In the part of this diploma thesis devoted to the historical development of the proceedings before a single judge, the comparison of the earlier and current legal regulation of this institution and the analysis of the subsequent development up to the present day is the key. The historical analysis is followed by the second main part of this diploma thesis, which is devoted to the special regulation of proceedings before a single judge. A significant part of this chapter is devoted to the conditions under which it is possible to hold proceedings before a single judge and under which conditions it is excluded. The...
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Criminal Trial
Hradečný, Aleš ; Šámal, Pavel (advisor) ; Říha, Jiří (referee)
CRIMINAL TRIAL ABSTRACT This diploma thesis deals with the criminal trial, which is the most important stage of criminal procedure, because it fulfills the purpose of criminal procedure, which is the proper detection of crimes and fair punishment of their perpetrators. The thesis focuses on the individual phases of the criminal trial, as well as the basic principles that determine the form of the Czech criminal trial, and in the trial, they mostly find their best use. At the same time, attention is paid to current issues related to the criminal trial, as well as to new institutes that change its traditional form to some extent, such as the plea bargain, the declaration of guilt or the institute of indisputable facts. In connection with the planned recodification of the Code of Criminal Procedure, the current regulation contained in the drafts of the new Code of Criminal Procedure is also being evaluated. The work is divided into four chapters, the first of which deals with the application of the basic principles of criminal procedure during the criminal trial. All the basic principles that determine the form of the criminal trial are briefly discussed, as well as the relations between them and possible conflicts. After that, the first chapter deals with the new institutes in the Code of Criminal Procedure...
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Crime of fraud, credit and loan fraud pursuant to section 209,210, 211 and 212 of the Criminal Code
Taschnerová, Jana ; Říha, Jiří (advisor) ; Gřivna, Tomáš (referee)
Crime of fraud, insurance, credit and loan fraud pursuant to section 209, 210, 211 and 212 of the Criminal Code The purpose of my thesis is to consider all the aspects of law structure of frauds in the Czech Criminal Code. The thesis is composed of six chapters, the first chapter dealing with the general term of economic, financial and property delinquency, while the other chapters investigate particularity of different fraud types of the Czech criminal regulation. The methodology employed was a review of the judicial decisions offering contradictory interpretation of fraud statutes. Privatisation process in 1990's started the growing trend of fraudulent actions when some people identified the lack of regulations and opportunity for gaining profit out of it. Despite the fact that we never quantify the true extent of frauds as there remians a high proportion of latent acts, the trend of frauds was (and still is) increasing. Although all the fraudulent activities were punishable pursuant the provision of fraud, damage was not always possible to be proven. Fraud involves intentional misrepresentation or concealment of fundamental information intended to result in an unauthorized benefit of a person. Impossibility to subsume abusive acts under the general fraud has led to the most significant amendment...
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Formal and material aspekt of the notion of a crime
Ranostaj, Michal ; Říha, Jiří (advisor) ; Šámal, Pavel (referee)
I. Preview The recent adoption of the new Penal code in Czech republic has entailed a range of new approaches, including new conception of the notion of the crime - a crucial institution of the penal law itself, stretching from the fundamental questions of criminal liability via the institution of an attempt to the field of penal procedure. This has give rise to multiple juridical questions, that this work aims to analyse. II. Subject of analysis One of the principal objectives of this diploma thesis is to be seen in the delineating of conclusions of the positive school of penal law and evaluating the measure to which they influenced the Czechoslovak legislation in the realm of criminal law, examining the role of the phenomenon of the social dangerousness in relation to the particular questions on the field of substantial as well as procedural law. III. Prior research Due to its extensiveness and position in the point of intersection of multiple disciplines , the points at issue have been continuously subject to academic works of numerous authors, stretching from the ancient philosophers, religious authors, canonic jurists, on shoulders of whom the modern jurisprudence had elaborated several conceptions that influenced the modern codifications and have been a significant source of inspiration to...
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