National Repository of Grey Literature 63 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Plea bargaining
Kolář, Ondřej ; Mulák, Jiří (advisor) ; Pelc, Vladimír (referee)
Plea bargaining Abstract This thesis deals with plea bargain in Czech legal system. Primary goal of this thesis is to analyse plea bargain in the Czech Republic de lege lata and to evaluate potential possibilities de lege ferenda. This thesis examines current problems of plea bargain as a legal instrument and it also evaluates in detail practical application of plea bargaining in Czech criminal procedure. Particural attention is dedicated to Act no. 333/2020 Coll., which significantly widened the use of plea bargain to felonies, abolished compulsory defence and also established possibility of negotiation plea bargain in court hearing. Act no. 333/2020 Coll., also implemented entirely new legal instrument called Declaration of guilt, which is closely related to the plea bargain. Secondary goal of this thesis can be seen in analysis of European Court's of Human Rights judicature related to the issues of right to due process regarding plea bargain. This thesis consists of five chapters, which divide more minutely further. The first chapter defines the term "diversion" since significant part of professional public considers plea bargain a diversion. History of plea bargaining is described in the second chapter and also technical classification of plea bargain is examined in detail. The third chapter consists of...
Participation of a defence counsel in preliminary proceedings
Žůrek, Petr ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
The diploma thesis is focused on the role of defence counsel in preliminary proceedings and its relationship to fulfilment of the accused's right to defence, which is one of the fundamental pillars of observing the right to a fair trial in criminal proceedings. The legal position of a defence counsel has an irreplaceable role in criminal proceedings, as his activity does not consist only in ensuring equality of arms, but also in checking and controlling the activities of law enforcement authorities. In the performance of the defence, the counsel is endowed with duties and rights, which he exercises with the consent of the accused. Special attention was paid to the relationship between the defence counsel and the client, the obligation of confidentiality, the right to participate in investigative actions with an emphasis on questioning the accused, the right of access to the case file due to its insufficient legislation, and finally, also with regard to the SKYPE defence project, the right to communicate with the defence counsel without the presence of a third person.
The principle of material truth in criminal proceedings
Vicher, Pavel ; Mulák, Jiří (advisor) ; Heranová, Simona (referee)
1 The principle of material truth in criminal proceedings Abstract The diploma thesis deals with the principle of material truth in criminal proceedings, which is reflection of the principle of factual findings in the criminal proceedings. The aim of the work is to determine whether the principle of material truth is still leading principle of criminal proceedings (i.e. the purpose of criminal procedure). To this end, the work analyses the rules of evidence, while also points out elements that weaken the principle of material truth. The diploma thesis is divided into six chapters. The first chapter is dedicated to legal principles. Firstly, is briefly considered the substance of principles in law and specificularity of their application. The remainder of the chapter is dealt with basic principles of criminal proceedings in general with emphasis on their functions in criminal proceedings. At the start the second chapter defines three principles of factual findings, namely principle of material, objective and formal truth. What follows is short history of Czech legislation. This chapter primarily deals with the principle of material truth and its current conception in the Czech Criminal Code in essential connection with other principles of criminal proceedings. The third chapter deals with regulation of...
The continuation of pre-trial detention
Fišerová, Veronika ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
The continuation of pre-trial detention Abstract The rigorous thesis deals with the much-discussed institute of the criminal proceeding, namely the pre-trial detention, especially with regard to its continuation, course. The personal freedom is one of the most important and most often infringed human rights in our environment, unlike other highest important rights (e.g. the right to life, the prohibition of torture, etc.). The pre-trial detention is following the imprisonment the most serious of these interventions, even when there is no final conviction and the principle of the presumption of innocence fully applied. The main issue of the pre-trial detention is a number of conditions that must be met so the person could be taken into the detention and subsequent decision on its further continuation could be made. The whole situation is further complicated by the fact that these conditions are not only contained in the Criminal Procedure Code, but also in the European Convention on Human Rights and Fundamental Freedoms and especially in the case law of the Constitutional Court and the European Court of Human Rights. The primary goal of this thesis is to state all these conditions in one place, with an emphasis on deciding on the further continuation of the pre-trial detention. The pre-trial detention is...
Alternatives to unconditional sentence of imprisonment
Lukáš, Marek ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
The subject of this master's thesis is a description of the current legislation and application practice of selected punishments that represent the main alternatives to the imposition of unconditional prison sentences. These punishments are house arrest, community service, financial penalty, suspended sentence of imprisonment and suspended sentence of imprisonment with supervision. Since each of the abovementioned punishments could be the subject of a separate master thesis, this thesis does not aim to describe the subject matter in detail, but rather to present the individual institutes in their mutual context, to compare their characteristic features, purpose, conditions, specifics of their execution, as well as their use in judicial practice. The thesis consists of eight chapters, three of which are of a general nature, four deal with individual penalties and the last one is devoted to de lege ferenda proposals. The first chapter defines the very concept of criminal punishment and its purpose. A substantial part of the chapter is devoted to the historical development of penology theories regarding the purpose of the criminal punishment, with special focus on the transition from a retributive and punitive view of punishment to the concept of restorative justice. The second chapter focuses on the...
Subsidy fraud and damaging the financial interests of the European union (Section 260 of the Penal Code)
Petráček, Dominik ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Criminal offence of subsidy fraud under Section 212 of the Criminal Code and damaging the financial interests of the EU (Section 260 of the Criminal Code) Abstract This thesis deals with the criminal offence of subsidy fraud under Section 212 of the Criminal Code and the offence of damage to the financial interests of the European Union under Section 260 of the Criminal Code. This topic is particularly relevant, especially in the context of subsidy fraud cases, which have received considerable media attention. In the first three chapters of this thesis, a comprehensive analysis of the elements of both these offences is carried out, first the common elements in the first chapter and then the specific elements in the following chapters. The scope of these offences is explained, their historical development is outlined and the related legislative framework is presented including comparisons with foreign legislation. For a better understanding, general modalities of conduct that may fulfil the elements of these offences, including the relevant legal qualification, are listed in tables. In the case of the criminal offence of damaging the financial interests of the European Union, the role of the institutions involved in the investigation and prosecution is also presented. Chapter 4 is based on an analysis of...
The Urgent and the Non-Repeatable Actions
Tomášek, Marek ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
1 The Urgent and the Non-Repeatable Actions Abstract Urgent and non-repeatable actions are a special group of procedural actions of authorities involved in criminal proceedings. The criminal code provides a precise definition of urgent and non-repeatable actions, but in layman's terms, an urgent action must be carried out before the initiation of criminal prosecution, because otherwise it will lose its evidentiary value, and a non-repeatable action cannot be repeated in court proceedings. There is no exhaustive (enumerative) list that would determine which action is urgent or non-repeatable. The urgency and non-repeatability of an action are therefore always determined in each case according to the factual circumstances and relation to a specific person within the framework of application practice, even though judicial decision-making practice provides guidelines for such an assessment. Pre-trial criminal proceedings can be divided into two parts, the part before the initiation of criminal prosecution and the part after the initiation of criminal prosecution. From point of view of the authorities involved in criminal proceedings, the most essential feature of urgent and non- repeatable actions is that they can be carried out even before the initiation of criminal prosecution and the evidence obtained by...
Activity of the Probation and Mediation Service in the Czech Republic
Plachká, Kateřina ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
Activity of the Probation and Mediation Service in the Czech Republic Abstract and keywords The presented thesis deals with the position of the probation and mediation service (PMS) within the criminal law policy of the Czech Republic, its procedures in the field of probation, mediation and other actions it performs within the framework of the criminal process with adult offenders. This work covers juvenile offenders minimally. The aim is to broadly cover the entire activity and role of the probation and mediation service during criminal proceedings. For that reason, the work is divided into several basic sections. The first section deals with the question of punishment and different approaches to this issue, especially in terms of retributive versus restorative justice. A closer examination of the current use of these two approaches shows that we should not even set them against each other, but rather side by side. Furthermore, the work focuses on PMS as an institution. It deals with the way in which it was created, what are its main goals, the purpose for which it was established, but also how it is organized. The work also highlights some of the challenges and problems it currently faces, although overall we can declare its existence to be very beneficial. We discuss the tools through which it achieves...
Methodology of rape investigation and its specifics
Krompolc, Martin ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
Methodology of rape investigation and its specifics Abstract This diploma thesis is focused on the ever present phenomenon of rape in our modern society, which is the second most hurtful crime, right after murder. Although the victim, unlike in cases of murder, survives most of the time, their wounds (especially the mental ones) often take a lifetime to heal. And yet so little is known about rape and so little is it discussed. The thesis aims to provide a multidisciplinary analysis of rape, from its legal definition and historical context, to the criminological aspects of genesis and prevalence of the crime in society, to an analysis of the specific work of rape investigators, who often have only a very limited amount of evidence at their disposal, while also having to be very sensitive to the specific nature of this crime, for which secondary victimisation of the victim can easily occur, as well as the accusations being potentially false. The first part of the work consists of legal characteristics and definition of rape, including placing today's legislation in historical context. The conclusion of the first part is devoted to the issue of typical social myths and prejudices regarding rape. The second part is primarily criminological, in which I discuss the different types of perpetration and the...
Selected Issues of Criminal Proceedings against a Legal Entity
Čabrádek, Josef ; Mulák, Jiří (referee)
Selected Issues of Criminal Proceedings against a Legal Entity Abstract As the name implies, this work deals with selected issues of criminal proceedings against a legal entity. In the presented work, the author aims to draw attention to some difficulties that may arise in criminal proceedings due to the typical nature of legal entities, and to the selected institute of criminal procedural law comparison of the application of principles of criminal proceedings between natural person and legal entities. In fact, the initial problem may be that the current criminal law relating to legal entities is launched briefly. Therefore, this work reflects the current special legislation governing criminal proceedings against legal entities in the sense of Act No. 418/2011 Coll., of criminal liability of legal entities and proceedings against them, applying the relationship of subsidiarity to the general legislation of criminal procedural law, namely Act No. 141/1961 Coll., of Criminal Procedure. At first, the author briefly addresses the question of whether the principles of criminal proceedings apply to criminal proceedings against a legal entity. For the purposes of further formulation of this work, the author simultaneously discusses in the first chapter the principle of equality before the law. In other parts of...

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