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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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Selected issues of evidence in civil contentious proceedings
Kabát, Jakub ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The object of this thesis is Selected issues of evidence in civil contentious proceedings. Evidence itself occupies an important position in the civil procedure because it is a prerequisite for issuing a correct and fair court decision. The aim of this paper is to deal with the institutes of evidence procedure that lead the subjects of civil contentious proceedings for certain procedural activity in order to determine the facts and issue a decision in the case. The thesis is divided into six chapters, the first chapter includes an introduction and the last, sixth chapter includes the conclusion. The second chapter deals with basic questions of evidence in civil proceedings and is subdivided into four parts. Particular parts deal with the concept of evidence in civil proceedings, the object of evidence (which is delimited both positively and negatively), institutes facilitating the evidence in civil procedure (legal presumptions and fiction, preliminary question and discretion of the court) and the actual course of procedure of evidence in civil proceedings. The procedure of evidence is divided into several phases such as adduction of evidence, obtaining proofs, examinations of evidence by the court and finally, the evaluation of the evidence by the court. The third chapter deals with civil...
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Burden of proof in civil procedure
Loutchan, Petr ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Thesis title: Burden of proof in civil procedure This paper deals with burden of proof. The aim of this thesis is to provide a broader framework for this burden, since it is absolutely crucial in order to form a proper understanding of this topic. The first chapter mentions principles that are common to all legal procedures and those that are applicable only within civil procedure. These general procedural principles need to be interpreted in accordance with the European Convention on Human Rights, which is binding upon Czech law. They also serve as a tool for a deeper integration of European law. The principles that are only applicable within civil procedure are usually presented in pairs consisting of principles of opposite meaning and are never really used in their pure form. The second chapter deals with basic rules of Evidence. It mentions the definition of Evidence, it makes a clear distinction between logical methods of proving and procedural ones, followed by definition of the purpose of Evidence. It also mentions topics that do not need to be proven, since there is some type of presumption governing these issues or they are somehow known to the court. This chapter emphasizes tools that simplify the process of proving. It also defines basic terms of Evidence. It does not try to be a complex...
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Evidence in civil proceedings (selected problems)
Zezulka, Ondřej ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
The object of this master's degree thesis is to present a view of the evidence in civil proceedings. The document concerns the process of evidencing from both theoretical and practical point of view as it provides factual and material information which is crucial for the meritory decision of a court. The thesis is divided into three main chapters. There is also an introductory part situated in the very beginning of the paper which concerns the main reasons why the author chose this particular topic and describes overall importance for society. Furthermore, the thesis is ammended by a conclusion at the end of the paper. It comprises a subjective evaluation of the current legal basis and proposes possibilities of improvement of the Czech Civil Procedure Code. The first chapter focuses on the general description of the process of evidencing. It provides a legal definition of the concept of evidencing in connection with an explanation of other basic terms such as the subject of evidence, principles of evidence, a legal concentration etc. The role of the court, its main tasks and the level of maximum permitted initiative in civil proceedings are also taken into account. The second chapter concentrates on procedural obligations of the parties to litigation. Legislature imposes a certain procedural...
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Position of a judge during evidence proceeding in contentious procedure with regard to the practice
Tajovská, Ludmila ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The main goal of this master's degree thesis is to provide information about position of a judge during evidence proceeding in contentious procedure with special focus on production of evidence. In the text I often use particular decisions of the Constitutional Court of the Czech Republic and the Supreme Court of the Czech Republic to demonstrate how theoretical legal institutes are applied in practice. I have decided to choose this topic because I am very interested in judge's profession and its practical aspects especially within evidence proceeding. More reasons for my research are stated in the very first introductory part of my theses. The whole theses is composed of three parts and each of them dealing with different sides of evidence proceeding or position of a judge within the meaning of his rights, duties, activity and also responsibility. Part One generally characterizes evidence proceeding and it makes the foundation for following part that is focused on partial phase of evidence proceeding (i.e. production of evidence). This part is divided into four chapters. The first chapter describes contentious and non-contentious procedure and also gives an explanation of main distinctions between these concepts. The second chapter concerns with basic principles of justice and civil procedure. The...
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Proving a negative
Škop, Miroslav ; Kühn, Zdeněk (advisor) ; Žák Krzyžanková, Katarzyna (referee)
This thesis deals with the subject of proving negatives, i. e. proving non-existence of an object, a status or a process. The author of the thesis provides the reader with the definition of a negative and with a list of negatives mentioned in the case law of Czech public authorities. Also, the author analyses selected case law of Czech courts and describes proving negatives in specific cases. The thesis is divided into six chapters. The first chapter provides the definition of a negative. In this chapter the author points out potential problems linked to the identification of a negative, especially to the difference between a fact, a negative statement and a legal assessment. The second one addresses the possibility of a negative becoming the subject of proving as a practical way of finding of facts. The chapter also brings a brief analysis of proving a negative abroad, specifically in Slovakia, the Great Britain and the United States of America. The third, the fourth and the fifth chapter deal with the subject of proving negatives in civil proceedings, administrative proceedings and criminal proceedings respectively. In each of these chapters the author summarises the principles of proving related to corresponding type of proceedings and demonstrates proving negatives on specific cases (regarding...
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Special methods of evidence in criminal proceedings - confrontation, recognition, investigative experiment
Hanák, Milan ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
Special Methods of Evidence in Criminal Proceedings - Confrontation, Recognition, Investigative Experiment Abstract The thesis deals with special methods of evidence in criminal proceedings, which are confrontation, line-up, investigative experiment, investigative reconstruction and on-site clearance. These all methods are anchored in Czech Criminal Procedure Code. Introductory part of the thesis describes evolution of special methods of evidence in criminal proceedings and in criminology too. The author discusses differences between procedural action and forensic practice. The thesis also describes legal regulation of the issue in historical context. It focus on face to face confrontation, line-up and investigative experiment. Each part of the thesis contains introduction with definition, then particularities of subject matter, practical use and the most frequent problems in investigation. The parts named line-up and investigative experiment also include a selected case report of these methods of evidence in criminal proceedings. Part called Confrontation among the other things deals with principles of confrontation and participants of confrontation. This part also describes previous interrogation of confronted persons, documentation of confrontation, application of some provisions of the Criminal...
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Nemo tenetur se ipsum accusare principle
Konečná, Zuzana ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Nemo tenetur se ipsum accusare principle Abstract This thesis deals with the concept and selected aspects of the nemo tenetur se ipsum accusare principle. This principle is one of the fundamental pillars of defence in criminal proceedings and is closely related to the right to a fair trial. The thesis focuses on the principle's theoretical starting points and attempts to outline problematic issues related to the interpretation of its content when applied in practice, particularly with regard to the permissible degree of coercion. The first chapter of the thesis deals with the historical development of the principle in both the continental and anglo-american legal systems. The second chapter contains an overview of how the principle is ensrished in international and national sources of law. The third chapter deals with the relationship between the privilege against self-incrimination and the right to remain silent based on the case law of the European Court of Human Rights and the US Supreme Court. The fourth chapter is devoted to the evidence, in particular the procedural consequences of an infringement in the proceedings, focusing on lawful and unlawful methods of coercion and the individual defects resulting therefrom. The chapter also includes treatise on the doctrine of fruit from a poisoned tree, which...
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Substantiation of Electronic Evidence
Jirounková, Kristýna ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Substantiation of Electronic Evidence Abstract The author focuses on the possibility of "misuse" of data as electronic evidence in the thesis. She describes specifics of electronic evidence and she points out that current technologies are so advanced that they are able to track and map the lives of individuals. The author simulates the investigation of the crime of murder, based on the idea, that thanks to the daily stored data on digital activity of persons in conjunction with GPS data, the physical activity of persons can be proven. She seeks to investigate this crime regardless of the regulation of fundamental human rights and freedoms only by electronic evidence. Eventually she assesses the procedure in the light of legislation. Finally, the author deals with the issue of confidentiality obligations of attorneys at law in connection with the use of electronic devices for the performance of their activities and she points out specifics of search of premises, where attorneys at law perform advocacy. Kristýna Jirounková Thesis 2021 Charles University, Faculty of Law
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The admissibility of evidence in the Czech criminal proceedings
Zaoralová, Petra ; Jelínek, Jiří (advisor) ; Záhora, Jozef (referee) ; Říha, Jiří (referee)
This PhD thesis focuses on the admissibility of evidence in criminal proceedings. Appropriate setting of limits of admissibility of illegally obtained evidence in the criminal proceedings is not only regarded as one of the main guaranties of fair justice system, but also represents topical and vital issue which raises number of legal dilemmas. The importance of the topic has been increasing recently as gathering of evidence in criminal proceedings often conflicts with the fundamental rights of individuals that are subject to severe limitation on constitutional and especially international level and that are broadly endangered during the process of collecting evidence. The core of the thesis lies in the in-depth analysis of current legislation, jurisprudence and case law dealing with the issue. Within the framework of that analysis, all of the important and disputed questions relating to the general aspects of admissibility of evidence are examined from the perspective of jurisprudence and case law; the knowledge is enriched with real practical impacts on domestic judicial practice. Special attention is paid to the issues related to the exclusion of illegally obtained evidence from the process of evaluating evidence and forming final decision on the case. The thesis does not overlook the problems...
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