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Reporting of Crimes and Significance of Reporting in Criminology
Kubínová, Aneta ; Hořák, Jaromír (advisor) ; Vokoun, Rudolf (referee)
Aneta Kubínová: Reporting of Crimes and Significance of Reporting in Criminology, 2016 Abstract: A criminal complaint is an instrument of criminal law, which allows the public to participate on suppression of crime. Furthermore, a criminal complaint is the most common mean how the criminal justice learns about committed crimes. This master thesis aims to cover the topic of reporting of crimes via a criminal complaint in the legal system in Czech Republic. The thesis is divided into six chapters. The first chapter covers the basic principles regarding the reporting of crimes in the Czech Republic. The subchapters revolve around criminal law principles relevant to the submission of the complaint, registered and latent criminality and perspective of the victim of reported crime. The second chapter studies the legislative requirements of the reporting of crimes in the Czech Republic, which is mostly regulated in the Criminal Procedure Code. The subchapters focus on a criminal complaint viewed as an incentive for criminal prosecution and on the formal and content requirements. The third chapter examines the preparatory proceedings of prosecution. The subchapters address the proceedings following the filing of a criminal complaint, the criminal investigation and introduce the reduced preparatory proceeding. The...
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The Position of the Defencee Counsel in Pre-trial Proceedings
Nevařil, Vít ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee)
The study "The Position of the Defence Counsel in Pre-trial Proceedings" examines the status of the defence attorney in the preliminary procedure, i.e. in the pre- trial phase of criminal proceedings. First, the text deals with more significant amendments to the Criminal Procedure Code and with the development, purpose and various forms of the preliminary procedure. In the following part, the study provides a brief outline (model) of the course of the preliminary procedure and offers elementary definitions of fundamental institutes of this procedure. The second part of the study focuses at first on an analysis of fundamental principles of criminal procedure. Out of those principles, most detailed attention is paid to the right to the defence counsel and to the attributes of such right. The third part of the study describes the various requirements imposed on the defence attorney, the defence attorney's rights and obligations, the institute of legitimate defence and discusses finally the most fundamental interference into the accused's right to free election of a defence attorney - expulsion of the defence attorney. This part of the study also provides a more detailed analysis of the client's - defence attorney's privilege and discusses the specific features of the defence of a legal entity. The...
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Verification in Pre-trial Proceedings
Bradáč, Martin ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Verification in Pre-trial Proceedings Abstract: This diploma thesis deals with verification as one of the stages of the pre-trial phase of criminal procedings. The purpose of this thesis is to emphasize the most important institutes operating during verification as well as to expose current issues connected with The Criminal procedure Code, where the author share his experience with this stage of criminal proceedings. The first part of the diploma thesis deals with verification itself - its definition, demarcation of the verification within the criminal proceedings, specification of authorities acting in the verification and defining of the fundamental principles. A brief historical overview of the topic is attached as well. Subsequent principal part of the thesis includes a description of the most significant institutes excercised within the verification. Primarily the institutes related to an evidentiary procedure were stressed, especially institutes raising applicaton difficulties in practise. The author communicates his critisizing view on the topic supported by the appropriate arguments. The attention is paid also to the decisions made during the verification and also to the supervision of the authorities involved in the criminal proceedings. The aim of the thesis was to find out whether the current...
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Urgent and non-repeatable actions
Jandurová, Kateřina ; Tejnská, Katarína (advisor) ; Šelleng, Dalibor (referee)
Urgent and non-repeatable actions Abstract The graduation thesis focuses on the ambivalent institute of urgent and non-repeatable actions, which combines two contradictory requirements. On the one hand, a balance needs to be struck between the demand to protect the state, society and the legitimate interests of individuals and legal entities and to ensure a fair trial for the person against whom criminal proceedings are being conducted, on the other. The purpose of the urgent and non-repeatable actions is to enable the authorities involved in criminal proceedings to secure perishable evidence, even at the cost of infringing the rights of the defense. However, this distortion should be compensated to the defense by providing increased protection and furthermore, urgent and non-repeatable actions should be performed only when the legal conditions are fulfilled. The main goal of the thesis is a comprehensive analysis of urgent and non-repeatable actions in the sense of the Code of Criminal Procedure and higlihgting controversial issues and problems that arise in practice. The graduation thesis is composed of four chapters, each of them dealing with different aspect of urgent and non-repeatable actions. Chapter 1 is subdivided into two parts. Part 1 describes the historical development of urgent and...
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The Role of a Public Prosecutor in Criminal Proceedings
Devodier, Vendula ; Tejnská, Katarína (advisor) ; Beranová, Andrea (referee)
The title of this diploma thesis is "The Role of a Public Prosecutor in Criminal Proceedings". In the Czech Republic, it is Public Prosecution that is granted the right by the Constitution to prosecute criminal offenses on behalf of the country. Activities arising from this right are the main duties of a public prosecutor. The aim of this thesis is therefore to describe said activities. It is done so chronologically with regard to the different phases of criminal proceedings. Other goals include trying to find problematic areas of the laws that govern public prosecutors, trying to come up with possible reasons behind them and proposing their solutions. This thesis also contains comments on some of the recent changes in the rules governing public prosecution. The first chapter of this thesis contains a brief history and evolution of public prosecution in Central Europe and in the Czech lands as the author believes it is a very useful introduction to public prosecution and its role in criminal proceedings today. Chapter two of this thesis deals with the laws governing public prosecution. First, the Constitution is mentioned including its article 80 and its problematic placement within the Constitution. The author then talks about other significant laws from which all duties of public prosecution...
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Participation of barrister in preliminary proceeding
Franc, Tomáš ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Participation of barrister in preliminary proceeding Abstract (ENG) The right of defense I one of the fundamental human rights and one of the most important rights connected with the right to judicial and other protection granted to each person by the Charter of fundamental rights and freedoms. The right of defense includes the right of everyone to defend himself, the right for proceeding of law enforcement authorities, which will ascertain the real situation without reasonable doubt and in particular the right to have and to consult with the barrister. Pursuant to section 35 subsections 1 of the code of criminal procedure, only an attorney, who can be represented by a trainee for individual acts of criminal proceedings, may be the barrister in criminal proceedings. The code of criminal procedure presupposes that the person, which is prosecuted, chooses his or her barrister. In the event that the barrister is not chosen by the accused, although he must have him according to the law, the barrister will be appointed for the duration of the reasons for the necessary defense. Cases of necessary defense are laid down in section 36 of the code of criminal procedure. They are for example proceedings against and accused in custody or proceedings against a fugitive. Barrister's basic rights and obligations are laid...
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State Attorney's Supervision in Preliminary Criminal Proceedings
Horňák, Jakub ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
State attorney's supervision in preliminary criminal proceedings Abstract The diploma thesis relates to State attorney's rights and duties in criminal proceedings. Since the topic of a State Attorney's role in criminal proceedings is broad and the extent of that would exceed the limits of this work, the author have chosen to center the work around supervision of a state attorney as a major part of criminal proceedings that ensures the legality of the criminal process. The work has been split into 6 chapters. In introduction author briefly explains, why he chose the topic, and why he does think this theme is something, that should be worked upon in greater detail. First chapters are concerned with state attorney's office and the scope of its authority that is given to it by the constitution and the statutes. The preliminary criminal proceedings is introduced as a phase of criminal process with its functions and meaning that should is leading to specific decisions. Third chapter is the beginning of the core of this diploma thesis and is dedicated to theoretical description of supervision and its forms. One that can be done strictly by certain state attorney in specific criminal proceeding and the second that is done within the hierarchy of state attorney's offices. Next chapters are about the applications of...
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The role of public prosecutor in the preparatory criminal proceedings
Ralevská, Veronika ; Vokoun, Rudolf (advisor) ; Zeman, Pavel (referee)
This thesis focuses on the role of the public prosecutor in the pre-trial criminal proceedings. This issue is very topical, not only because of the long-planned recodification of the criminal justice process, including the Law on the Public Prosecutor's Office, but also due to the increasing media's attention, to the public prosecution aktivity. The work is structured into six consecutive chapters with a logical structure. The introductory part is focused on the development of public prosecution, specifically from the First Worlds War to the Velvet Revolution. The following chapter deals with the basic characteristics of the prosecutor's office, including problematic regulation in the Constitution within the definition of separation of powers in the state. Furthermore, the issues of competence and the system of the prosecutor's office are discussed along with, related definition of the institute of supervision and the authorization of the Supreme Public Prosecutor. The end of the chapter is devoted to the independence of prosecutors and comparison with the function of a judge. Readers will not be denied a chapter dealing with general pre-trial criminal proceedings in general, more specifically the principles that used the most at this stage of the criminal proceedings, as well as the individual...
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The position and role of public prosecutor in the preparatory criminal proceedings
Doležal, Daniel ; Tejnská, Katarína (advisor) ; Pelc, Vladimír (referee)
The Diploma thesis on The Position and Role of Public Prosecutor in the Preparatory Criminal Proceedings aims to give a comprehensive view of the public prosecutor's activities in this pre-trial stage of criminal proceedings. The public prosecutor has a completely dominant and irreplaceable role in it, which is fully reflected in the performance of supervision over the observance of the legality of the preparatory criminal proceedings. The public prosecutor bears full responsibility for the proper conduct of the preparatory criminal proceedings and supervisory authorizations represent an essential instrument by which the public prosecutor may exert influence and at the same time regulate the course of the preparatory criminal proceedings. Therefore, such authorizations are a crucial part of this Diploma thesis. The Diploma thesis is divided into three basic chapters and tries to follow the systematics of the Criminal Procedure Code. The first chapter deals with the historical development of public prosecution in our territory and also with the constitutional anchoring and organization of the public prosecutor's office in the Czech legal order. The current issue discussed in this section is an amendment to the Act on Public Prosecutor's Office which is being prepared now. It also introduces the...
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The Role of Public Prosecutor in Criminal Proceedings
Petrů, Denisa ; Tejnská, Katarína (advisor) ; Heranová, Simona (referee)
This Diploma thesis deals with the role of Public Prosecutor in Criminal Proceedings. Public prosecutor is an irreplaceable entity of criminal proceedings where he is tasked with defending a public interest. The aim of the thesis is to provide an analysis of the status of the public prosecutor in criminal proceedings while the main part of the thesis focuses on the status of the public prosecutor in preparatory criminal proceedings - the third chapter gives an overview over the relationship between the public prosecutor and police authority and the fourth chapter outlines an usage of diversions in criminal proceedings. The thesis is composed of four chapters. The first chapter outlines the history of the institute of public prosecution focusing on the Czech territory because there is no doubt the historical development is significantly reflected in the current form of this institute. Chapter Two provides a general overview over Public Prosecutor's Office which is important for understanding the following parts of this diploma thesis. Firstly, questionable issue of the position of Public Prosecutor's Office according to the Constitution of the Czech Republic is explored, then a description of a structure of the Public Prosecutor's Office and its internal relations including an issue of supervision...
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