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Counsel in the Criminal proceedings
Zaorálek, Ondřej ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
-1- Abstract Counsel in the Criminal Proceedings: The objective of our Diploma Thesis is to analyze the currently valid law governing the counsel's position in the criminal proceedings, to evaluate its sufficiency or insufficiency and to provide views and proposals in the sense of 'de lege lata' and 'de lege ferenda', focusing more in detail upon some partial aspects which are closely related to the counsel's position during the criminal proceedings. Good quality law system relating to the counsel's position in the criminal proceedings, his/her process rights and obligations is an assumption for meeting the criminal proceedings purpose and is reflected in the possibility to provide to the accused efficient legal counselling and thus meet the accused person's right of defence and fair trial (process) which is guaranteed by the Constitution. The counsel as an actor operating in the criminal proceedings plays a significant role in enforcing the rights and justified interests of the accused. The counsellor masters the legal argumentation, strategy and tactics of the defence, is able to better formulate ideas, to draw ideas from the experience gained in former law suits, whilst for the accused person his/her position is entirely new and unknown, many time it is the first experience in life. The competent counsel...
Participation of a defense attorney in preliminary procedure
Dvořáčková, Eva ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The right to have the assistance of defense attorney and to consult with him the way of defense is a part of the right of defense - a basic right in democratic countries, which is expressed in article 40 of Charter of Fundamental Rights and Basic Freedoms and also in various international treaties. The function of defense attorney in the criminal proceedings is irreplaceable. He provides legal aid though all stages of criminal procedure, but I concentrate on his role in preliminary procedure. The defense attorney defends his client from the beginning of criminal prosecution, but advocate can render help even before the criminal prosecution starts, during providing explanation. A right of defense attorney to search out evidence, present evidence and put it forward belongs among the means, which a defense attorney can use to defend his client and affect the course of criminal proceeding. Another right of defense attorney is to participate in the investigative act and the right to see the criminal file. Other rights of the defense counsel are listed in §41 of the criminal procedure code. My thesis is divided into six chapters. The first chapter deals with the right of fair trial and a right of defense. The following chapters describe preliminary procedure and the role of defense attorney in particular forms of...
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...
The principle of subsidiarity of criminal law
Holečková, Petra ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Summary: Counsel in the Criminal Proceedings The objective of my thesis is to describe the position of a defense counsel during a criminal procedure and analyze the currently valid law governing the counsel's position in the criminal proceedings, and how is law applied in real life and also describe duties and obligations of defense counsel. I choose this topic, because during studies of criminal law I was intrigued by the complexity of criminal trial a by the role of the defense counsel in it. I wanted to gain deeper knowledge of rights and obligations of the defense counsel and research limits of criminal defense. Fair trial is considered as one of the fundamental basics of democratic state. The objective of criminal trial is to reach a proper and rightful verdict as a result of fair trial. Criminal trial could be considered fair only if both sides, the defendant and the prosecutor, are both provided with equal rights. Defendant is often a person without thorough legal knowledge and thus is considered to be in disadvantaged position. As opposed to prosecutor, defendant finds himself in new, unknown position, and his basic rights and his future life are endangered. To remedy this situation, defendant can be in criminal proceedings represented by defense counsel, who is professional, has experience and...
Defence by the defence counsel in the trial
Juráň, Martin ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Defence by the defence counsel in the trial Abstract The thesis provides the reader with practical overview of the exercise of the rights and obligations of the defense counsel during the trial phase. The aim of the thesis is, in addition to a comprehensive definition of the rights and obligations of the defense counsel in relation to the trial phase of the criminal proceedings, to also set out controversial issues of interpretation of norms of the criminal procedure and deficits of the criminal procedure regulations and outline their possible solutions with regard to the right of defense. The thesis is systematically divided into two parts, the first of which deals with a brief and general description of concepts related to the scope of the thesis. These are, in particular, the right of a fair hearing, the institute of a defense counsel and the stages of the criminal proceedings with an emphasis on the concept of trial phase. The second part is designed taking into account the practical nature of the topic and provides a detailed analysis of the exercise of the rights and obligations of a defense counsel in the trial phase. Emphasis is placed primarily on the exercise of such rights and obligations by which the defense counsel has the opportunity to influcence the decision of the court in favor of the...
Participation of barrister in preliminary proceeding
Franc, Tomáš ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Participation of barrister in preliminary proceeding Abstract (ENG) The right of defense I one of the fundamental human rights and one of the most important rights connected with the right to judicial and other protection granted to each person by the Charter of fundamental rights and freedoms. The right of defense includes the right of everyone to defend himself, the right for proceeding of law enforcement authorities, which will ascertain the real situation without reasonable doubt and in particular the right to have and to consult with the barrister. Pursuant to section 35 subsections 1 of the code of criminal procedure, only an attorney, who can be represented by a trainee for individual acts of criminal proceedings, may be the barrister in criminal proceedings. The code of criminal procedure presupposes that the person, which is prosecuted, chooses his or her barrister. In the event that the barrister is not chosen by the accused, although he must have him according to the law, the barrister will be appointed for the duration of the reasons for the necessary defense. Cases of necessary defense are laid down in section 36 of the code of criminal procedure. They are for example proceedings against and accused in custody or proceedings against a fugitive. Barrister's basic rights and obligations are laid...
The defence by the defence counsel during the trial
Svoboda, Michal ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The defence by the defence counsel during the trial Abstract The aim of the thesis is not only to analyze both the position of the defence counsel and the accused in criminal proceedings, including their rights and obligations arising from this position, but in particular to define the limits in which both the accused and the defence counsel can exercise the right of defence. The content of the thesis is divided into an introduction, six chapters and a conclusion. The introduction summarizes the aims to be achieved in the thesis. It emphasizes the importance of the right to a fair trial, which includes the right of defence and which is an integral part of the rule of law concept. The first part deals with a brief historical excursion into the history of the position of the defence counsel and the accused in criminal proceedings, with particular emphasis on the legislation applicable in the territory of the present Czech Republic. In the second chapter, the rights and obligations of the accused are analyzed, especially but not only in the trial. Emphasis is placed on defining the limits of the accused's right of defence and the reasons why such restrictions exist in the legal system. The third and fourth chapters are then devoted to the defence counsel, his rights and obligations arising from his position in...
Defence lawyer in the criminal proceedings
Zobelt, Denisa ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Defence lawyer in the criminal proceedings Abstract The defending lawyer is an important institution in criminal law. With this institution a basic principal can be guaranteed, the right of defense. This master's degree thesis is about the defending lawyer in criminal trials in the Czech Republic and Switzerland, its similarities and differences. It consists of an introduction, a body consisting of 7 chapters and a conclusion. The first chapter deals with the historical development of this institution on Czech territory from the 18th century until the present time. It especially emphasizes the effect of historical events on modifications and on the practical observance of written law. The next chapter defines the term defending lawyer under Czech law and explains how someone can become a defending lawyer. It specifies how a defending lawyer should conduct the defense case and explains the differences between elected and nominated lawyers. The following chapters analyse the rights and obligations of lawyers and methods of legal defense. Furthermore, they try to examine the importance and necessity of a defending lawyer in a criminal trial. On the other hand, they show the limitations of defense lawyers and their tactics. Additionally, they examine what disciplinary options are available e.g. to authorities...
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...
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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