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The issue of the concept of criminal custody
Votočková, Lucie ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
THE ISSUE OF THE CONCEPT OF CRIMINAL CUSTODY This diploma thesis deals with a criminal custody. This is an important part of a criminal process where there is a restriction of personal freedom based on a need to ensure people for acts of a prosecution. It is a complex issue which requires proper and sensitive legislation and as well as appropriate use in a practice. First part of this diploma thesis focuses on the term of custody. It explains the definition and an essential features. In the subchapters, principles which drive custody are specified. Differences between custody and judgment are explained. Second part of the diploma thesis concerns about question of personal freedom and custody in connection with international and constitutional law. First subchapter deals with the Charter of Fundamental Rights and Basic Freedoms which sets basic conditions for limitation of personal freedom and for detention. Next subchapter compares two important international documents: European Convention of Human Rights and International Covenant on Civil and Political Rights. These two documents have a big influence on enactment of custody in Czech Republic. Third part contents substantive enactment of custody. The conditions for arrest are presented. Farther the reasons for custody and also strengthened reasons...
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The injured party in criminal procedure and his/her protection
Salmon, Jan ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
THE INJURED PARTY IN CRIMINAL PROCEDURE AND HIS/HER PROTECTION The diploma thesis is engaged in position of injured party in criminal proceedings in the Czech Republic from many aspects: either regarding its historical development on the actual territory of the state, or definition of the term of aggrieved person in compliance with actual legal while respecting position of the Czech Republic within European Union and binding effect of certain European standards for the Czech Republic and its legal system, and binding effect of legal documents from the UN level. Additionally, one can follow the definition of the term "victim of the criminal activity" (oběť), which is not identical with the term "victims of the criminal activity" (poškozený) in the Czech legal system. In other legal orders, however, the terms are identical. Onwards, the attention is paid to process rights of the aggrieved person, particularly to the right to claim the indemnity in the accession proceeding. Next chapter of the diploma thesis describes the institute of declensions, which is relatively new and progressive phenomenon in the Czech law. Final part of the diploma thesis briefly describes condition of providing of information on criminal proceeding with emphasis to providing of information in cases, where victim of the...
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Psychological profiling of an offender
Münzová, Kristýna ; Čírtková, Ludmila (advisor) ; Štourač, Petr (referee)
Criminal profiling Abstract The purpose of my thesis is to analyse criminal profiling, one of the disciplines of forensic psychology used by law enforcement authorities in their effort to capture offender of a crime. The reason for my research is my interest in the criminal law in general, mainly in the psychological aspects of work of law enforcement authorities with individual offenders. The thesis is composed of three chapters, each of them dealing with different aspects of criminal profiling. Chapter One is introductory and defines basic terminology of criminal profiling and the essence of criminal profiling in general. The chapter is subdivided into five parts, which deals with the term of criminal profiling, its development, particular delicts suitable for profiling, the manner of creating a profile and its efficiency in the criminal proceedings in Czech Republic. Chapter Two examines the best known approaches to criminal profiling, its methods and typology. The chapter consists of five parts. Part One focuses on the different approaches to criminal profiling. Part Two investigates the deductive and inductive methods of criminal profiling. Part Three addresses the issue of the best known computer databases used in criminal profiling, ViCLAS and VICAP. Part Four focuses on geographic profiling, a...
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The principle of discretionary evaluation of evidence in Czech case law
Vopršal, Ondřej ; Šámal, Pavel (advisor) ; Císařová, Dagmar (referee)
The aim of this thesis is to represent in detail one of the fundamental principles of the Czech criminal procedure, the principle of free evaluation of evidence. At first the thesis deals with theoretical aspects of this principle, since they are almost unavailable in the modern literature. The author afterwards analyses the extensive judicature of Czech courts (including the Constitutional court) related to general issues of evaluation of evidence as well as to particular means of proof. The thesis also contains proposals of legislative changes, as the legal regulation of criminal procedure seems to be no longer satisfactory.
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Punishing of teenagers in the Czech Republic
SCHMIEDOVÁ, Lucie
The bachelor's thesis deals with the criminal prosecution of juvenile offenders in Czech Republic and is mainly based on the Act on Juvenile Justice. The case study of the juvenile offender's criminal procedure is based on documents from the trial court with a juvenile offender from Czech Republic. It draws more information from interviews with probation officials, social workers from the Department of imprisonment in a prison in Všehrdy and the South Bohemian police spokesman.
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Education of police officers on issues of the status of victim and the victim in criminal proceedings
BÖHM, Jan
Bachelor thesis aims to define the concept of damage and the victim in criminal proceeding and determine the role of these entities using the enumeration and analysis of the various privileges granted to them by a guarantee of Criminal Procedure. This thesis focuses on the issues, which combines elements of both criminal procedural rights in the form of the above-mentioned subjects, as well as elements related to civil damages claimed victims adhesion proceedings, as there is already an integral part of the criminal proceedings. An integral part of the work is practical outcomes-interviews with experts in the field and side-dish interesting material documents the practice, which finds application among professionals and the general public.
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Psychological and Ethic Aspects of a Position of the Under-aged and Minors in a Criminal Procedure
JAROŠOVÁ, Erika
The dissertation evaluates viewpoints on the various positions of young people in criminal proceedings (the position of the offender, crime victim or witness) and deals primarily with psychological aspects of these positions. Expert theoretical arguments and theses are confronted with the experience and practice of youth and community workers. In the case studies, that are part of the work, are outlined possible ways of intervention from the point of view of youth and community workers. The work is a reflection on the given issue. It looks for an answer to the question whether the society{\crq}s interest is actually sometimes at odds with the interests of a child involved in criminal proceedings, or whether it can even cause damage to it.
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Measures administered against juveniles in criminal proceedings
JAROŠOVÁ, Erika
Act no. 218/2003 Coll. on liability of juveniles for illegal acts and on juvenile justice established new rules in criminal proceedings with juveniles and introduced brand new methods of sanctioning juvenile delinquents in criminal processes, specifically it introduced a number of new measures which can be administered as punishments for wrongdoings including the possibility of alternative solutions to committed wrongful acts. The degree work is divided into two parts. The theoretical portion provides information about potential solutions and approaches when measures are administered in criminal proceedings with juvenile offenders including the theoretical background. The empirical portion maps out the ratio of measures administered by prosecuting and adjudicating bodies in pre-trial proceedings and measures administered by juvenile courts; the degree work also summarizes all solutions to criminal matters related to juveniles; the quantitative research focused on the District Court in Strakonice during the period of 2004 and 2008. The objectives of the research correlated with hypotheses which the author based on her experience gained in her job as a juvenile social probation officer. The research showed that during the monitored period 64% of juvenile criminal issues were resolved directly by the juvenile court and only 36% of acts committed by juvenile delinquents were closed by prosecuting and adjudicating bodies during pre-trial proceedings. The second portion of the research proved that the most frequently utilized measures {--} 54% - were criminal sanctions; 44% of juvenile criminal cases were solved by means of alternative measures, while reformatory measures were administered only to 2% of juvenile delinquents and protective measures were not utilized at all. The degree work was intended to briefly demonstrate whether the purpose of the Act on juvenile justice is fulfilled. Its onclusions are intended for professional public and for all people who are interested in criminal law, criminal proceedings and juvenile delinquency.
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Ordinary Legal Remedies in Czech Criminal Procedure
Vojta, Martin ; Spirit, Michal (advisor)
This thesis deals with the topic of judicial remedies admissible against decisions, which haven't become legally effective. The Czech Criminal Procedure recognizes three kinds -- appeal, complaint and protest against criminal writ. The first part contains commentary on leading principles and maxims of criminal remedial proceeding. It is followed by thorough examination of the three currently effective judicial remedies. This part is divided according to individual elements of these remedies such as: essential requirements on form and content, allowed reasons and object, entitled persons, the procedure itself and possible outcomes. The last part briefly summarizes expected changes that will be brought about by the new legislation, which is being prepared at the time. Remedial Criminal Procedure represents although it is not compulsory a vital stage of Criminal Procedure in any democratic country. It helps to guarantee its fairness and righteousness. Legal remedies contribute to the protection of human rights touched by the state during criminal trials.
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