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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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Relationship between criminal and tax proceedings from the perspective of the ne bis in idem principle
Šimánová, Hana ; Galovcová, Ingrid (referee)
Relationship between criminal and tax proceedings from the perspective of the ne bis in idem principle Abstract The thesis reflects upon the current case law of the European and national courts, which enables the possibility of both tax and criminal proceedings for the same act of the same person running simultaneously. The aim of the author is to compare both types of proceedings, analyse the relevant case law, and evaluate the consequences of its conclusions on the Czech legal order in the view of the ne bis in idem principle. The opening describes the criminal and tax proceedings, their main features, and principles governing them. Features common to both types of proceedings are noted (the ability to substantially infringe the human rights of individuals), as well as the most significant difference between them (particularly when the rules of evidence are concerned). The next part of the thesis is devoted to tax delicts, both those governed by the tax law (so called delicts against the remittance discipline and administrative delicts) and the criminal law. Tax criminal law is briefly described as well. Examination of the aim, purpose, and implementation of sanctions and the characteristics of the tax penalty, whose punitive nature deduced by the case law is crucial to the issues discussed, is given in...
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The Role of the Public Prosecutor in the Court Proceedings
Řehák, Pavel ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The Role of the Public Prosecutor in the Court Proceedings Abstract The purpose of this thesis is to comprehensively analyze issue of the public prosecutor and its role, especially in the court proceedings. The reason for my research is my personal interest regarding criminal law and problematics of the public prosecutors in general, as well as, in my opinion, the great importance of such topic, especially in the context of a long-term expert discussion on the considered conceptual changes of the relevant Czech legislation - the Criminal Procedure and the Public Prosecution Act. The thesis is composed of four major chapters, each of them dealing with different aspects of role of the public prosecutors. Chapter One is introductory and defines basic terminology used in the thesis and further the historical development and transformation of bodies of public action in two different legal systems - common law and civil law. Chapter Two provides an outline of Czech, French, English and Welsh, U.S. and international bodies of the public action, their placement in the system of national legal systems, organization and scope of activities. Also describes the issues regarding proposals to the new Czech Public Prosecution Act. Chapter Three examines relevant Czech legislation regarding public prosecutor and its role...
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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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The admissibility of evidence in the Czech criminal proceedings
Zaoralová, Petra ; Jelínek, Jiří (advisor) ; Záhora, Jozef (referee) ; Říha, Jiří (referee)
This PhD thesis focuses on the admissibility of evidence in criminal proceedings. Appropriate setting of limits of admissibility of illegally obtained evidence in the criminal proceedings is not only regarded as one of the main guaranties of fair justice system, but also represents topical and vital issue which raises number of legal dilemmas. The importance of the topic has been increasing recently as gathering of evidence in criminal proceedings often conflicts with the fundamental rights of individuals that are subject to severe limitation on constitutional and especially international level and that are broadly endangered during the process of collecting evidence. The core of the thesis lies in the in-depth analysis of current legislation, jurisprudence and case law dealing with the issue. Within the framework of that analysis, all of the important and disputed questions relating to the general aspects of admissibility of evidence are examined from the perspective of jurisprudence and case law; the knowledge is enriched with real practical impacts on domestic judicial practice. Special attention is paid to the issues related to the exclusion of illegally obtained evidence from the process of evaluating evidence and forming final decision on the case. The thesis does not overlook the problems...
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Diversions in the criminal proceedings
Tibitanzlová, Alena ; Jelínek, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee) ; Bruna, Eduard (referee)
This dissertation provides a comprehensive account of diversions in the criminal proceedings, which constitute an important part of the modern criminal process. The introduction of the dissertation deals with the reasons for introducing of alternative ways of dealing with criminal matters into Czech criminal law and its current taxonomy. This is followed by a broad description of the development of the term "diversion" in the criminal proceedings and the current understanding of this term in Czech law (where is a plurality of opinion in this respect). In connection therewith, the author presents her opinion on the elements of a diversion, and subsequently questions, whether several instruments used in the criminal proceedings should be categorized as a diversion. The aforementioned is followed by a theoretical treatise on the international initiatives in the area of diversions in the criminal proceedings, after which the most significant milestones in the genesis of the various forms of diversion in Czech criminal proceedings are already mentioned; at the same time the constitutional and international limitations connected with these institutes are discussed. The thesis also deals in detail with the very nature and purpose of diversions in the criminal proceedings. The second part of the thesis is...
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The consequences of the breach of evidence rules for the effectiveness of evidence
Maříková, Marie ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
This thesis deals with impacts on the applicability of evidence which results from violation of directives modifying the process of proofs of trial proceedings. The significance of proofs is crucial as by its means the reconstruction of the event of significance from the criminal law perspective is done. The condition for fulfillment of criminal trial proceedings purpose is a complete and proper determination of fact whereof there is just suspicion in the extent necessary for issue of decision. At the same time it is necessary that the set rules were followed for purveyance, locking, implementation and evaluation of evidence as these rules represents guarantee of just law trial proceedings as the one of fundamental attribute of democratic legally consistent state. This thesis is divided into four main parts and preface and conclusion. First part deals with definition of the term proofs in trial proceedings, its meaning and purpose. Moreover it deals with legal form of proofs including constitutional and international law way out. It contains also listing of fundamental terms and principles controlling process of proofs and division of evidence from different perspectives. In second part of this thesis, the issue of admissibility of evidence is processed with which acquisition and application was...
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Relationship between criminal and tax proceedings from the perspective of the ne bis in idem principle
Šimánová, Hana ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Relationship between criminal and tax proceedings from the perspective of the ne bis in idem principle Abstract The thesis reflects upon the current case law of the European and national courts, which enables the possibility of both tax and criminal proceedings for the same act of the same person running simultaneously. The aim of the author is to compare both types of proceedings, analyse the relevant case law, and evaluate the consequences of its conclusions on the Czech legal order in the view of the ne bis in idem principle. The opening describes the criminal and tax proceedings, their main features, and principles governing them. Features common to both types of proceedings are noted (the ability to substantially infringe the human rights of individuals), as well as the most significant difference between them (particularly when the rules of evidence are concerned). The next part of the thesis is devoted to tax delicts, both those governed by the tax law (so called delicts against the remittance discipline and administrative delicts) and the criminal law. Tax criminal law is briefly described as well. Examination of the aim, purpose, and implementation of sanctions and the characteristics of the tax penalty, whose punitive nature deduced by the case law is crucial to the issues discussed, is given in...
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Appeals in criminal proceedings
Kaňa, Jakub ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
APPEALS IN CRIMINAL PROCEEDINGS ABSTRACT This thesis tries to describe the legislation of appeals in criminal proceeding in the Czech Republic. The aim is to present information on the historical development of remedies in criminal proceedings, on the basic principles of criminal proceedings, on the recent legislation of appeals in criminal proceedings, then a short comparison of the legislation in Austria and finally to point out to some of its deficiencies and suggest their solutions. The introduction of the thesis gives the basic information on the work itself, its aims and reasons which convinced the author to choose this topic. The first chapter of it is devoted to a short description of the legislation of remedies in history. Then, the basic principles of criminal proceedings and their effects on remedial proceedings are described. The third chapter focuses on the basic classification of remedies in the Czech Republic. The most exhaustive chapter with the analysis of the legislation of appeals follows. The biggest part in it is devoted to the description of remedial proceedings and several institutes are criticized here. Time periods, entitled person, the requirements for the content of an appeal, proceedings before the Court of First Instance, proceedings before Appeal Court and finally proceedings...
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Defence of a legal entity during criminal proceedings
Juránková, Sandra ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
In comparison to physical persons, the defense of a legal entity during criminal proceedings is substantially hindered. The primary reason for these difficulties lies in the very nature of a legal person as a legal fiction. This study aims to provide a comprehensive overview of this topic. This thesis is systematically divided into six chapters. The first and the second chapter serve as a theoretical basis. The first chapter deals with the definition of the legal entity and the current regulation of legal entity in private law. This thesis mainly focuses on the analysis of the process aspects of the Act No. 418/2011 Coll., on criminal liability of legal persons and proceedings against them (hereinafter "ZTOPO"), entered into force on January 1, 2012 in the Czech Republic. At the same time, it is not possible to leave out the substantive aspects of criminal liability of legal entities. Therefore the second chapter deals with the legislation of the criminal liability according to ZTOPO. It deals mainly with the person who is the subject of criminal liability of legal persons, examines how to characterize the criminal liability according to ZTOPO, its structure and the scope of criminal liability. The third chapter introduces persons, who are authorized to act as a legal entity during criminal...
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