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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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Problems of public prosecution
Kořízková, Simona ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
Problems of public prosecution Abstract The subject of the diploma thesis is a systematic description of the characteristic features of the effective law regulation of public prosecution, its critical analysis and subsequent identification of its shortcomings with a possible proposal for its possible solutions. A public prosecution constitutes the protection of the public interest by means of the penal code, thus showing a close link with the criminal code and also with the right to a fair trial. The body of public prosecution is a very important institute in a democratic state governed by the rule of law, and therefore this thesis focuses first on the basic aspects defining this body, and then on identifying its shortcomings and looking for possible solutions aimed at making public prosecution legislation more efficient. The thesis focuses on the theoretical basis and with the help of a questionnaire survey created for the purposes of this thesis, also on the problematic issues that arise in the use in practice. The main focus of the diploma thesis is contained in its second and third part. The first part of the diploma thesis deals with the definition of the term public prosecution and its historical development, in order to understand the very essence and roots of the public prosecution body. Therefore,...
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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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Secondary Victimization of Victims by Criminal Proceedings
Semerádová, Jana ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Secondary Victimization of Victims by Criminal Proceedings Abstract The submitted diploma thesis deals with the issue of secondary victimization in the context of criminal proceedings. The main goal of this work is to evaluate whether effective legislation provides victims with protection against secondary harm. Based on the theoretical basis of the issue of secondary victimization, the thesis also focuses on finding out whether the legislation adequately reflects the current victimological and psychological knowledge in the field of secondary victimization and secondary harm. The work is divided into three chapters. The first part deals with the basic conceptual issues of secondary victimization in a broader context. Emphasis is placed on the transformation of the victim's position in criminal proceedings within the historical development of victimology as an independent field. The terminological and interpretive shortcomings of the concept of victimization are also emphasized. The second chapter discusses secondary victimization as a victimological phenomenon. In addition to defining the concept of secondary victimization, attention is paid to the causes of secondary victimization, its sources and types of actions leading to secondary harm. The main part of the work is the third chapter, which deals with...
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Means of Substitution of Custody
Strýhalová, Tereza ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
- Means Means of substitution of detention This diploma thesis deals with the possibility of replacing detention in criminal proceedings. The institution of detention is one of the ways in which a person accused can be detained for the purpose of criminal proceedings. However, as this is an institution which imposes a significant interference with the rights and freedoms of the accused person, which are guaranteed primarily by constitutional law, it is necessary to carefully consider whether the accused needs to be taken into custody and whether there is no measure to achieve the purpose of the criminal proceedings, which would otherwise ensure detention. This topic has been very topical for several years and there is no precise agreement on the question of the extent to which it is permissible to interfere with the rights and freedoms of the accused. For this reason, the use of milder institutes needs to be used as much as possible. The aim of this work is to discuss the possibilities of replacing detention and the positive and negative aspects of using these measures, which allow the institute of replacement. The work is divided into a total of four chapters. The first chapter of this thesis focuses on the discussion of the institute of detention and its use in criminal proceedings, while this...
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Competence and Organization of the Public Prosecutor's Office in Criminal Proceedings in the Czech Republic and the Federal Republic of Germany
Trojanová, Justina ; Pelc, Vladimír (advisor) ; Tejnská, Katarína (referee)
This diploma thesis deals with the topic of the competence and organization of the prosecutor's office in criminal proceedings, namely in the Czech Republic and in the Federal Republic of Germany. The institute of the Public Prosecutor's Office is a very important part of the functioning justice system, especially for the protection of justice and society from crime. The given topic can be perceived as very broad, and therefore this work is focused primarily on the comparison of the legislation in selected areas, where the differences that the legislation in question shows. In the legal systems of both states, it is possible to find a number of differences, but also similarities. The thesis is divided into seven logically arranged parts, each of which deals with a specific area of the topic in both comparative states. The first part is devoted to historical development in both states. The second part deals with the current legal regulation of the public prosecutor's office in terms of constitutional and legal anchoring, which is very different in the states. This part also discusses the issue of the classification of the public prosecutor's office into the concept of separation of powers. The third part describes the organization, where the emphasis is mainly on the system of prosecutor's offices,...
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The Right of Defence in the Criminal Proceedings and its Limits
Macháčková, Karolína ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
The Right of Defence in the Criminal Proceedings and its Limits Abstract The thesis deals with one of the fundamental human rights of a person againts whom the criminal proceeding is being conducted, namely the right of defence and its limits in the criminal proceedings in the Czech Republic, because only by exercising the right of defence as a partial element of the right to a fair trial, it is possible to achieve a fair and lawful decision in the matter. The first chapter of the thesis deals not only with the national legislation on the legal and constitutional level, but also with the enshrinement of the right of defence in the international human rights agreements, specifically in the European Convention of Human Rights and in the International Covenant on Civil and Political Rights, and in the regulations of the European Union. The next part of the thesis discusses the various components of the right of defence which include material defence, formal defence including the compulsory defence and the duty of the authorities participating in the criminal proceedings. The chapter is further supplemented by all important rights of the accused which can be exercised within the various stages of the criminal proceedings, including, for example the accused's right to comment on all facts which he is accused of,...
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Plea of Guilty as a Diversion in Criminal Proceedings
Rybářová, Edita ; Jelínek, Jiří (advisor) ; Heranová, Simona (referee)
1. Plea of Guilty as a Diversion in Criminal Proceedings 1.1.Abstract The plea of guilty has been one of the most discussed topics polarizing the Czech professional and lay public. In 2019, the plea of guilty celebrated seventh anniversary of its existence in the legal framework of the Czech Republic, but it could be hardly described as "lucky" seven within its existence. What are the reasons for the failure of the plea of guilty is the essential task of this thesis. First of all, the thesis deals with forms of diversions in criminal proceedings and their history. Nevertheless, even after seven years of application practice, the professional community is not in a position to agree whether to place the plea of guilty in diversions in criminal proceedings or whether the institute is so specific that it should be assigned to another group of proceedings or perhaps be perceived entirely independently. Given the not entirely simple process of negotiating the plea of guilty in the environment of the Czech Criminal Procedure Code, the thesis also deals with the individual steps of the negotiation process and the formal and material features of the plea of guilty in general. It also affects all conditions and exceptions related to the plea of guilty so as to specify in which cases the plea of guilty cannot be...
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Selected Issues of Criminal Proceedings against a Legal Entity
Čabrádek, Josef ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Selected Issues of Criminal Proceedings against a Legal Entity Abstract As the name implies, this work deals with selected issues of criminal proceedings against a legal entity. In the presented work, the author aims to draw attention to some difficulties that may arise in criminal proceedings due to the typical nature of legal entities, and to the selected institute of criminal procedural law comparison of the application of principles of criminal proceedings between natural person and legal entities. In fact, the initial problem may be that the current criminal law relating to legal entities is launched briefly. Therefore, this work reflects the current special legislation governing criminal proceedings against legal entities in the sense of Act No. 418/2011 Coll., of criminal liability of legal entities and proceedings against them, applying the relationship of subsidiarity to the general legislation of criminal procedural law, namely Act No. 141/1961 Coll., of Criminal Procedure. At first, the author briefly addresses the question of whether the principles of criminal proceedings apply to criminal proceedings against a legal entity. For the purposes of further formulation of this work, the author simultaneously discusses in the first chapter the principle of equality before the law. In other parts of...
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Appeals in criminal proceedings
Dvořáková, Radka ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Appeals in criminal proceedings Abstract This diploma thesis deals with appeals in criminal proceedings. The aim was mainly to analyse the current legislation on appeals and the problematic areas of this institute from the perspective of experts in the field of criminal law, where the thesis offers their different views on fundamental issues related to appeals. These questions concern in particular the functioning of this institute in practice, its effectiveness, economy and efficiency, as well as the evaluation of the principles on which the appeal is based with de lege ferenda considerations. For better orientation of this criminal institute the thesis first maps the development of appeals in criminal proceedings during the second half of the 20th century and the 21st century, when three criminal codes and fundamental amendments gradually came into force, in which the regulation of appeals sometimes changed fundamentally to the current form. In order to get acquainted with the essence of the functioning of this institute of work, it also presents the basic principles and principles that are applied in appeal proceedings. The thesis also introduces the reader to the current legislation of the appeal, when it deals with its nature, characteristics and basic properties, discusses the subject, content and...
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