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Criminal Proceedings against Legal Entilities
Kajnová, Adéla ; Mulák, Jiří (referee)
This diploma thesis is focused on a comprehensive analysis of criminal proceedings against legal entities using Act No. 141/1961 Coll., On Criminal Procedure (Criminal Procedure Code) in combination with Act No. 418/2011 Coll., On Criminal Liability of Legal Entities and Proceedings against them. The adoption of Act No. 418/2011 Coll., On Criminal Liability of Legal Entities and Proceedings against them, introduced criminal liability of legal entities into the legal order of the Czech Republic since 1st January 2012 but the institute of criminal liability of legal entities is constantly evolving to respond to the needs of society. The diploma thesis is conceived from a procedural point of view with the current use of the substantive bases of the issue of criminal liability of legal entities. The thesis further explains important terms and outlines the development of criminal liability of legal entities in the Czech Republic. The aim of the thesis is to provide a comprehensive view of phases of criminal proceedings against legal entities and to evaluate selected problematic aspects of the legal regulation which are accordance with the interpretation of the professional public and with the developing jurisprudence of the domestic courts. The thesis is divided into five chapters. The first three are...
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Juvenile justice - Comparison of swiss and czech law
Hurychová Peroutková, Lucie ; Jelínek, Jiří (advisor) ; Ivor, Jaroslav (referee) ; Mencerová, Ingrid (referee)
1 Juvenile justice - Comparison of swiss and czech law with focus on criminal procedure Abstract anglicky This thesis focuses on comparison of Czech and Swiss form of juvenile justice. The opening chapters briefly summarize the Czech law no. 218/2003 Sb., basic principles of juvenile criminal procedures, concept of his criminal liability and sets out sanctions - educational, protective and penal - which can be assigned to a juvenile person. Then a Swiss version of juvenile law is introduced (the "Jugendstrafgesetz") together with juvenile criminal procedures law ("Jugendstrafprozesordnung"). Also these chapters cotains introduction of basic principles of both laws, a detailed description of respective penalties ("Strafen") and protective measures ("Schutzmassnahmen") and their execution. The juvenile criminal procedure, its specifics and details, is described in Chapter 4, followed by the analysis of laws, comparisons of specific penalties and protective measures. This is supported by recent statistic of juvenile criminality, decisions of special juvenile courts and age limits for criminal liability throughout Europe. Swiss judgements are supplemented by an overview of type and length of respective sanctions and execution of protective measures of placement. The goal of this thesis is to show a different...
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Criminal procedure in front of a single judge
Burak, Oleg ; Říha, Jiří (advisor) ; Tejnská, Katarína (referee)
Criminal procedure in front of a single judge Abstract The master thesis focuses on the legislation concerning criminal procedure in front of a single judge and its purpose is not only the description of all aspects of such criminal procedure but also the presentation of disputable questions and their answers. Another objective of the thesis is to identify inappropriate legislation and provide solutions in the form of de lege ferenda thoughts, including the provision of opinions as to future legislation. Based on methods of description, analysis and historical comparison, the master thesis provides a comprehensive view on the single judge, while using commented legislation, academic literature and case law. The first chapter closely describes the historical evolution of the role of the single judge from 1918 (respectively since 1873 as the Austrian-Hungarian legislation had been adapted) until today. The second chapter solves a problematic question whether the single judge can administer justice at a regional court or only at a county court. The following chapters focus on the core of the thesis, which is described in the next three chapters. The third chapter presents the very first actions of the single judge after the prosecution is delivered to him. The fourth chapter is dedicated to the criminal order...
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Substantiation of Electronic Evidence
Klein, Jakub ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Substantiation of Electronic Evidence Abstract This thesis addresses the procedural questions of securing and presenting electronic evidence in criminal proceedings. The use of modern devices and the subsequent creation of electronic evidence is very common, making it necessary for legislation as well as investigative, prosecuting and adjudicating bodies to set out an adequate framework for securing and producing such evidence. The thesis seeks to determine the limits of this framework with regard to the rights to a fair trial, privacy and secrecy of correspondence, as well as the principle of public authority interference minimization, keeping in mind that electronic evidence must be secured and produced in accordance with the Criminal Procedure Code, the Constitution and enforceable international treaties, respecting the rights of individuals but also allowing criminal proceedings to reach their ultimate goal. The thesis first concentrates on traditional instruments of securing evidence, e.g. search warrants, seizure of an item, operative-search means or various types of wiretapping. These general findings are then applied to commonly used information technologies, such as emails, documents stored on websites or social media platforms, as well as communication conducted via mobile applications. In its...
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Criminal Proceedings against Legal Entities
Findejsová, Adéla ; Pelc, Vladimír (advisor) ; Tejnská, Katarína (referee)
This diploma thesis is focused on a comprehensive analysis of criminal proceedings against legal entities using Act No. 141/1961 Coll., On Criminal Procedure (Criminal Procedure Code) in combination with Act No. 418/2011 Coll., On Criminal Liability of Legal Entities and Proceedings against them. The adoption of Act No. 418/2011 Coll., On Criminal Liability of Legal Entities and Proceedings against them, introduced criminal liability of legal entities into the legal order of the Czech Republic since 1st January 2012 but the institute of criminal liability of legal entities is constantly evolving to respond to the needs of society. The diploma thesis is conceived from a procedural point of view with the current use of the substantive bases of the issue of criminal liability of legal entities. The thesis further explains important terms and outlines the development of criminal liability of legal entities in the Czech Republic. The aim of the thesis is to provide a comprehensive view of phases of criminal proceedings against legal entities and to evaluate selected problematic aspects of the legal regulation which are accordance with the interpretation of the professional public and with the developing jurisprudence of the domestic courts. The thesis is divided into five chapters. The first three are...
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Criminal proceedings against legal entities
Miklóš, Denis ; Pelc, Vladimír (advisor) ; Tejnská, Katarína (referee)
1 Abstract Criminal proceedings against legal entities This diploma thesis focuses on procedural provisions of Act No. 418/2011 Coll., On Criminal Liability of Legal Entities and Proceedings against them, which has undergone many changes since the 1st January 2012 and is constantly evolving since the criminal liability of legal persons is in the legal order of the Czech Republic still a relatively novelty and therefore a current topic. The Act has been subject to criticism prior to its entry into force, which in some aspects is still up to date even today. Simultaneously with the development and changes of the law itself, the opinions of the professional public and professional literature are developing, which responds to these changes, but on some issues, it still awaits the relevant case law of higher courts. The work is divided into three parts. The first chapter deals with general issues of criminal liability of legal persons and their development in the Czech Republic. This part contains also a brief summary of the development of the Slovak regulation of the criminal liability of legal persons, which has been influenced and inspired by the Czech legislation, and it is interesting to see their mutual development in the future as well. In the second chapter, the diploma thesis deals with reasons of...
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Institute of Pre-trial Detention in Criminal Proceedings
ZELENKOVÁ, Nikola
This bachelor thesis deals with the restriction of personal liberty of an accused person during the prosecution through the custody institute in the context of fundamental human rights and freedoms guaranteed by the rule of law including the international treaties to which the Czech Republic is bound. The thesis is divided into four chapters. The legal analysis of restriction of personal liberty through restraint or arrest that precedes the custody is followed by so-called material custodial law, specifically the custody institute focusing on the grounds for detention. The next chapter covers formal custodial law dealing with procedural aspects of the detention of an individual within the detention session, the detention order and the limits for accepting legal compensations for the detention by other measures. The last chapter deals with the detention in terms of rights and duties of an accused person in a detention including possible social-psychological aspects.
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Criminal proceedings against legal entities
Novotná, Eva ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This diploma thesis discusses the criminal proceedings against legal persons. The main idea of this diploma thesis is to describe single juridical institute of criminal procedure which is specific for proceedings against legal persons. For better understanding is necessary to find and understate all the sources of law. The primary authorities which will be used in the criminal proceedings are above all Act of Criminal Procedure against Legal Persons, Rules of Criminal Procedure and also Constitution of the Czech Republic and Charter of Fundamental Rights and Freedoms. It is also important to looking the sources at international level. Fundamental source is European Convention on Human Rights. The thesis deals with institutes of criminal law specific for legal entities, like imputability, a person committing a crime or enumeration of criminal acts for which can be affected legal entities. The main chapter contains analysis of each section from special part of Act of Criminal Procedure against Legal Persons. Subchapters discuss some of elemental principles in criminal proceedings as local jurisdiction in criminal proceedings and principle of joint trial of a criminal case, then provisional and protective measures, procedure for the cancellation, termination and conversion of the legal entity during...
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Criminal procedure, the public and media
Havel, David ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
Criminal procedure, the public and media - abstract In the information period when classical traditional media must adapt to new manners of dissemination of information, there arises a conflict between freedom of expression enshrined by the constitution and the right to information, which the media use as a shield in their actions, and an increased emphasis on individual rights, protection of the individuality and personal integrity against external interventions. It is also demonstrated in the field of informing the public about criminal procedures. The initial thought to make the procedures before the court accessible to the public, in order to eliminate the risk of the so-called cabinet justice, aimed at the control of justice and protection of the right of parties to a fair procedure. The principle of the public procedure before the court had besides the control and guarantee role also the role of the means of prevention and education of the public. A publicly accessible procedure before the court should therefore lead the public to the respect for a valid legal system and its regulations, and also to enhance the trust in the function of judiciary and justice. With the expansion of media participation in the procedures before the court, especially in criminal matters, another dimension is currently...
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