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The right of defense in criminal proceedings
Svobodová, Pavla ; Bohuslav, Lukáš (advisor) ; Pelc, Vladimír (referee)
The thesis deals with the right of defense in criminal proceedings in the Czech Republic. The thesis is divided into several chapters defining the legal rights of the defense at national and international level. The thesis deals with the historical development of the right of defense in the first chapter, defining certain differences of the former legal regulations up to the present. In the next part of the thesis, the institute of the right of defense is analyzed in terms of international and national legislation, including regulation at European Union level. The third chapter deals with the position of the accused, what the denomination carries in the various stages of the criminal proceedings, and what are his individual rights of defense, including material and formal defense. The third chapter follows the chapter analyzing the position of a lawyer in criminal proceedings. It focuses on its historical development, attorney's substitution, advocate's rights and duties, and individual ways of choosing a lawyer, including the necessary defense institute. The fifth chapter deals with a separate group of persons to whom statutory defense rights belong. Finally, the legal framework for the right of defense, including the de lege ferenda, is reviewed. The thesis also includes the case law of the...
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The position of defence counsel in Pre-trial Proceedings
Sýkorová, Nikola ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The right of deffencee is one of the most important fundamental rights of a person against whom the criminal proceedings is brought. The role of defence counsel in preliminary procedure is essential. He has to be an advocate only and a member of Bar Association, consequently a person with a juristic education and qualified to this job. Defence counsel must defend a laws of accused by all the tolerable ways and work on his behalf. In my work I direct my attention towards the legal status of counsel under current Czech legal regulation, issues of the compulsory defence, legal position of chosen and court-appointed counsel, designation of the counsel by the Bar Association, rights and duties of counsel. Also I direct my attention towards preliminary procedure and on various aspects of defender's participation in preliminary procedure and his tasks in it.
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The right of defense in the Czech criminal proceedings
Klofáčová, Anna ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The right of defense in the Czech criminal proceedings The right for a defence is a right of the defendant guaranteed by the Constitution and by its means represents one of the conditions for a fair-minded trial. The fair-minded decision can be achieved when the defendant is guaranteed a proper application of the right of defence over the whole trial. The goal of my diploma thesis is to expound the constituent rights of the defendant which together create the right of defence. In the whole diploma thesis I am trying to present the current legal alterations, pointing out their imperfections, which appear at the carrying out of defence in the practice and describe the mutual relationship of the defendant and the defence counsel. In the first part of the thesis I am focusing on the general definition of the right of defence the way it is regulated on the legal and constitutional level in the Czech Republic and I also state how it is enshrined in the international agreements within whose meanings the Czech Republic is bounded according to the 10th article of the Constitution. In the second chapter I am describing the position of the defence counsel and the defendant in the criminal proceedings and persons, which can in the criminal proceeding act (appear) on the side of the defence. The third chapter...
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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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Rights of enterprises in the investigation of delicts within EU competition law
Tomicová, Jana ; Svoboda, Pavel (advisor) ; Pítrová, Lenka (referee)
As it is evident from the title, in my thesis I would like to provide an overview of the undertakings' procedural rights in proceedings under Article 101 and/or 102 of the Treaty on the Functioning of the European Union. Given the extensive investigative powers that are granted to the European Commission by the Council Regulation No 1/2003 and the consequences of being found guilty of violating Article 101 and/or 102 of the TFEU, it is necessary to ensure that the undertakings have enough ways available to exercise their right to defence and other rights and privileges guaranteed by the EU law and international treaties such as European Convention on Human Rights (e.g. the right to respect for private life). For this reason the EU law provides a range of procedural rights that should guarantee that both all the fundamental rights are observed and also serve as a system of checks and balances that prevents the misuse of the Commission's investigative powers. My thesis will focus individual rights of undertakings that are provided to them by the Council Regulation No 1/2003 and EU courts judicature. I will analyse their scope and purpose, the conditions under which they can be exercised and their limitations. Simultaneously a comparison between the rights of undertakings in the EU and U.S. legal system will...
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Participation of the Counsel in the Preliminary Proceedings
Jelínek, David ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Participation of the Counsel in the Preliminary Proceedings A right of defence is one of basic rights of democratic state of law. It is contained in various international treaties and also in our constitution, namely in article 40 of Charter of Fundamental Rights and Basic Freedoms. In case of criminal procedure it is further adjusted in Criminal Procedure. Representation by a defence counsel is one of the main ways how to fulfill a right of defence. A defence counsel becomes essential compoment of criminal procedure. Especially in preliminary procedure is defence counsel and his services irreplaceable. For that reason I decided to examine the role of defence counsel in preliminary procedure. My diploma thesis consists of five chapters, whilst first chapter is introduction and last conclusion. First chapter is an introduction into topic of right of defence and role of defence counsel in criminal procedure. It also deals with legal sources of right of defence and its brief history form 1873Criminal procedure until recent Criminal procedure. In second chapter of my thesis I deal with right of defence in general and with different concepts in several subheads. Therefore subheads deal with problems of representation by defence counsel and subsequent mandatory defence. Subheads also deal with chosen and...
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Defence lawyer in pre-trial procedure
Gilarová, Monika ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
Defence counsel in criminal proceedings Criminal law was always my favourite subject at Law faculty and that is the reason, why i choose this topic at first. Because in this moment, I am still just student, and I don't have any personal experience with criminal proceedings, I have to search information largely from specialized publications and sentences od Czech courts. In the begining, i mentioned right of defence and international agreements, where is this right based and described how important is this right for criminal proceedings and for the defendant espacially. I wanted to show consequences of this right and Czech penal code as well. In my opinion, it was necessary to start with right of defence, because position of defence counsel in criminal proceedings in many thing depends on person of defendant. In next parts, I was paying attention to person of defence counsel, and especially conditions, which are necessary to his profession. Most important condition in general is that defence counsel has to have passed advocate exams and he has to be registered in list of advocates in Czech republic. Then I was describing his rights and duties to defendant, I meantioned for example his duty of descreetness, his duty to pay attention and behavior by wishis of his client and many others. I was try to divide the...
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Right to a Defense of Socially Disadvantaged Groups in the Criminal Proceedings
KUBÁNKOVÁ, Hana
The Right to Counsel is one of a fundamental principle of criminal proceedings. This right is enshrined and governed in § 2, paragraph 13, § 33 and following of Act No. 141/1961 Coll. On Criminal Proceeding (Criminal Procedure). The Right to Counsel is guaranteed, in addition to the Constitutional laws, by the Criminal Procedure Code and the Charter of fundamental rights and freedoms in Article 40, paragraph 3 and also by International Conventions such as the European Convention on Human Rights and Fundamental Freedoms. The target of my Thesis is to clarify the issue of availability of the Right to free Counsel or Counsel for reduced fee for socially disadvantaged groups in criminal proceeding. For the purposes of my Thesis, young, unemployed, handicapped people and people serving in Prison in České Budějovice, are considered to be socially disadvantaged. The Thesis surveys the availability of the rights to counsel for disadvantaged groups in criminal proceedings in the light of valid and effective legislation of the Czech Republic.
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