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The Role of the Public Prosecutor in the Court Criminal Proceedings
Klejchová, Barbora ; Vokoun, Rudolf (advisor) ; Šelleng, Dalibor (referee)
The topic of this thesis is The Role of the Public Prosecutor in the Court Criminal Proceedings. Its purpose is to characterize the current legislation, processes in the public prosecutor's office, and the role of the public prosecutor in the phase of court proceedings. The aim is to analyze the current legislation, evaluate, and propose possible solutions for the adoption of new legislation. I chose this topic mainly thanks to my interest in criminal procedural law and the issue of public prosecutors in general. Given the ongoing preparation of the new Criminal Procedure Code and the current efforts to adopt a new law on the Public Prosecutor's Office, I believe that this is currently important topic. The thesis is divided into five major chapters. The first chapter is focused on the development of the public prosecutor's office in the Czech lands from 1437 to the period after 1989. The subchapters are organized by important milestones in the Czech history. The second chapter contains the legal regulation of the Public Prosecutor's Office in the Czech Republic, but also the organization of the Public Prosecutor's Office. The second chapter is dedicated to the position of the public prosecutor, their rights and obligations. I list the competences of the Public Prosecutor's Office and mention...
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The Position of the Public Prosecutor in Criminal Proceedings before the Court
Schneider, Jakub ; Tejnská, Katarína (referee)
The position of the public prosecutor in criminal proceedings before the court Abstract The presented rigorous work provides a comprehensive overview analyzing the position of the public prosecutor in criminal proceedings before the court. Significant attention is paid to selected partial aspects, the significance of which fundamentally determines the position of the public prosecutor in court. The processed overview is then supplemented in appropriate places by considerations de lege ferenda. The logical work is divided into five chapters, which form five parts. The first part is devoted to the historical development of public prosecution, the understanding of which is necessary due to the historical interconnectedness, which had a direct impact on the current form of the public prosecution body in the form of the public prosecutor's office system. The second part of the thesis provides an insight into the position of the public prosecutor's office in the Czech legal system, which is characterized by considerable legal fragmentation. Within this chapter, the shortcomings of the constitutional anchoring of the Public Prosecutor's Office under the executive branch were also pointed out, which has a direct negative impact on the independence of the Public Prosecutor's Office, the regulation of which is also...
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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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The Public prosecutor in proceeding before the court
Kotoun, Adam ; Tlapák Navrátilová, Jana (advisor) ; Tejnská, Katarína (referee)
The public prosecutor in the proceeding before the court Abstract The thesis is primarily focused on the position, role and competence of the public prosecutor before the court. The aim of the thesis is, among others, to provide potential readers with a relevant piece of information for treatise of the system of the public prosecutor's office, circumstances of its origin and development or legal entrenchment as well as competences defined by law, both criminal and non-criminal. The thesis primarily deals with the competence of the public prosecutor in the proceeding before the court, and that is not only in the terms of current legal status, but also from the perspective of possible legislative changes in the future. By means of this the partial issue of criminal proceedings is defined and subsequently analysed. Furthermore, it is followed up by some of the aforementioned difficulties resulting from the legal regulation of the Code of Criminal Procedure, which could become the subject of legislative changes in this area of law in the future. In a broader sense, the reference is made to the fact that it should be in the general interest of the public prosecution to exercise its competences in a way which is acceptable in countries that support the doctrine of the democratic rule of law of the 21st century....
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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 of the public prosecutor in the preparatory criminal proceeding
Tykalová, Štěpánka ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
1 The position of the public prosecutor in the preparatory criminal proceeding The submitted rigorous thesis contains an analysis of competencies of the public prosecutor within the execution of the supervision over maintaining the legality in the preparatory criminal proceeding in accordance with the current legislation specified in the Criminal Procedure Code. The preparatory criminal proceeding is the first, pre-trial, stage of criminal proceeding. The objective of this stage is to reinsure that the suspicion of the commitment of a crime by a certain person is sufficiently sustained and that the evidence proving the guilt of the accused person has been obtained in order to file an indictment or agreement on the guilt to court. The position of the public prosecutor in the preparatory criminal proceeding is crucial, because it is he, who bears the full responsibility for results of this criminal stage. Active performance on the supervision of the preparatory proceeding by the public prosecutor ensures that the police authorities act in accordance with the Criminal Procedure Code, follow the basic principles of criminal procedure and that the fundamental rights of suspects are protected in order to avoid excess of the police. The thesis consists of four parts. In the first part I describe the concept of the...
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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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Public Prosecutor in Preparatory Criminal Proceedings
Chejstovská, Nicole ; Pelc, Vladimír (referee)
1 Abstract The aim of this Diploma thesis is to analyse in the most comprehensive way the status, authority and operation of the Public Prosecutor in Preparatory Criminal Proceedings as well as related disputable issues. The investigation of all criminal offenses, the prosecution of persons who have committed them and the supervision over the compliance with the law in the pre-trial proceedings are the core competencies of the prosecutor throughout the criminal proceedings. A public prosecutor, also known as dominus litis or "master of preliminary criminal proceedings", is responsible for the results of the preparatory criminal proceedings, and it is he who puts forward the accusation to court or decides to terminate the prosecution in the preliminary criminal proceedings. The thesis is divided into five main parts which logically follow and are interconnected. The first part is dedicated to the history of the institute of public prosecution, whose current form has been shaped by years of evolution. In the second part, the reader is broadly acquainted with the Public Prosecutor's office. The main points of this part are the disputable constitutional delimitation, the transformation of the Public Prosecutor's office after the dissolution of Czechoslovakia, the current structure, its administration and...
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