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The principle of Contradictority and Its Application in Criminal Proceedings
Zukalová, Jana ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The purpose of my thesis is to provide an analysis of the principle of contradictority and its application in criminal proceedings. I have decided to use the term "contradictory proceedings" even though The European Court of Human Rights that developed the concept usually uses the term "adversarial proceedings". The reason consists in the difference between adversarial proceedings as a special kind of criminal proceedings which is typical for countries within the Anglo-American legal culture and adversarial/contradictory proceedings as a wider concept of proceedings which is based on a respect for the rights of people charged with criminal offences and which can be (and actually is) used both within the Anglo-American legal system and the legal system of the countries in the continental Europe. In this sense, the correct translation into Czech language is "kontradiktorní řízení". The thesis is composed of six basic chapters. Chapters One and Two provide introduction, presenting some theoretical approaches to what contradictory proceedings could or should be. Chapter Three is subdivided into three subchapters. First two of them examine the evolution of adversarial and inquisitorial models of criminal proceedings, dealing with their similarities and differences. The third one summarizes why both of...
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The concealed performance of public power and values protected by the constitutional order
Klaban, Vladimír ; Hřebejk, Jiří (advisor) ; Kudrna, Jan (referee)
The aim of this diploma paper is to analyse and define the nature of secret exercise of public authority and to asses this phenomena in respect of the fundamental principles of the democratic rule of law. Any secrecy in exercising public authority is in fact a clear contradiction to a natural concept of the human rights and fundamental freedoms. Therefore the republic, as a public institution, should not have too many secrets to hide away from the people if its own principles are not to be completely disgraced. Secrecy in exercising public authority is a specific feature often related to the areas such as securing the sovereignity and territorial integrity of the Czech Republic, protecting its democratic foundations, protection of the lives and health of the population as well as the right to own the property. This is in full accordance with the constitutional duty of the state. Limited access to the information has a unique and 84 inevitable role in these areas and it is clearly mentioned in the Charter of Fundamental Rights and Freedoms, the European Convention of Human Rights and Freedoms and the International Covenant on Civil and Political Rights. The question of choice between the security and the liberty has been recently heavily discussed by the people as a natural follow up to the...
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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...
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Rejection of an application for citizenship of the Czech Republic due to a security threat
Hlubučková, Kristýna ; Hřebejk, Jiří (advisor) ; Uhl, Pavel (referee)
Rejection of an application for citizenship of the Czech Republic due to a security threat Abstract This diploma thesis focuses on the analysis of a minority opinion, based on the thesis that a restriction of procedural rights of applicants for citizenship whose application was rejected due to a security threat is not fully in line with the principle of poportionality and the fair trial right. The assessment of whether the principle of proportionality has been mainteined is based on comparison of the value of state security and the potential interference with the (fundamental) rights and freedoms of the applicants. Furthermore, the thesis deals with the procedure of the Ministry of the Interior in assessing the positions of the intelligence services of the Czech Republic and the Police of the Czech Republice and the role of the Constitutional Court and the Ombudsman in the proces of reviewing potential interference with (fundamental) rights and freedoms of citizenship applicants. For the purpose of the analysis of the statements outlined above is used: case law of the Constitutional Court of the Czech Republic on the provisons of Article 22 Paragraph 3 and Article 26 of Act No. 186/2013 Coll., On Citizenship of the Czech Republic, and the Explanatory Memorandum to this Act. The studies of academics had been...
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Nemo tenetur se ipsum accusare principle
Konečná, Zuzana ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Nemo tenetur se ipsum accusare principle Abstract This thesis deals with the concept and selected aspects of the nemo tenetur se ipsum accusare principle. This principle is one of the fundamental pillars of defence in criminal proceedings and is closely related to the right to a fair trial. The thesis focuses on the principle's theoretical starting points and attempts to outline problematic issues related to the interpretation of its content when applied in practice, particularly with regard to the permissible degree of coercion. The first chapter of the thesis deals with the historical development of the principle in both the continental and anglo-american legal systems. The second chapter contains an overview of how the principle is ensrished in international and national sources of law. The third chapter deals with the relationship between the privilege against self-incrimination and the right to remain silent based on the case law of the European Court of Human Rights and the US Supreme Court. The fourth chapter is devoted to the evidence, in particular the procedural consequences of an infringement in the proceedings, focusing on lawful and unlawful methods of coercion and the individual defects resulting therefrom. The chapter also includes treatise on the doctrine of fruit from a poisoned tree, which...
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The competence of arbitrators for deciding property disputes (from the perspective of their independence and impartiality)
Ryšavý, Lukáš ; Pohl, Tomáš (referee)
The main focus of this doctoral thesis is arbitration; the phenomenon of not only an out- of-court dispute resolution but also international commercial relations. Arbitration is a modern legal institute that is regarded as an equivalent alternative to court proceedings. Independence and impartiality of the arbitrator are very important and at the same time very problematic aspects of arbitration. These two principals accompany the arbitration since the beginning of the modern era of this institution and they are still perceived as essential criteria of the arbitration. Independent and impartial decision-makers are an integral part of the right to a fair trial enshrined in Art. 36 subsection 1 of the Charter of Fundamental Rights and Freedoms and Art. 6 subsection 1 of the European Convention on Human Rights. Although such legislation refers to the court in terms of a state court, in the course of this thesis was demonstrated that these attributes are also applicable to arbitrators, even though they must be interpreted in arbitration proceedings with respect to the characteristics of arbitration. Due to the fact that resolving disputes in this way is the most common approach in international trade, the main focus of this thesis is to depict the issues of independence and impartiality in relation of...
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Admissibility of evidence in criminal proceedings
Nejdl, Oldřich ; Gřivna, Tomáš (advisor) ; Vokoun, Rudolf (referee)
The Admissibility of Evidence in Criminal Proceedings Abstract This thesis dedicated to the issue of legality and admissibility of evidence in the comparison of criminal proceedings in the Czech Republic, the Federal Republic of Germany and the United States of America, and in the case law of the European Court of Human Rights. In this field, the public interest in effective crime suppression conflicts with other legally protected values, in particular the rights and freedoms of an individual. The solution of this collision is attempted not only by legislation itself, but mainly by the decision-making practice of courts in specific cases. Following the introductory explanation of theoretival background, the thesis focuses on specific areas in which questions related to the legality and procedural applicability of evidence regularly arise. Firstly, attention is drawn to the limits in which law enforcement authorities may use coercion or threats of coercion against an individual to provide evidence clarifying the facts of the case, the consequences that can be inferred from refusing such co-operation, and the effects of unlawful coercion on further use of such evidence. The next section deals with the material and formal presumptions of the admissibility of interference with the privacy of an individual,...
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Interim measures in civil proceedings
Horecká, Anna ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Interim measures in civil proceedings Abstract Interim measure is a traditional institution of the civil procedural law, which provides fast and effective protection of subjective rights. However, it is inherent in this protection that it is always only temporary, as it is assumed that the legal relationship between the parties will be settled in the main court proceedings. The aim of this master's thesis is to give a clear commentary on the current legislation of interim measures, both the general interim measure regulated in the Code of Civil Procedure and special interim measures regulated in the Act on Special Civil Proceedings, and to confront the current legislation of interim measures with the requirements of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Master's thesis is divided into four chapters. The first chapter introduces the institution of interim measure in general terms. It describes their basic characteristics, the modification of procedural principles in interim proceedings and outlines the individual types of interim measures. The second chapter is devoted to the general regulation of interim measures in the Code of Civil Procedure. It sets out the reasons for ordering an interim measure, admissibility criteria and description of the interim...
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The Right to Defense in Criminal Proceedings
Hejdová, Petra ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The Right to Defense in Criminal Proceedings - Abstract This rigorosum thesis deals with the issue of the right to defense in criminal proceedings. It aims to provide an overview of its effective legal regulation de lege lata and it also focuses on its problematic aspects. Contemporary interpretative issues are being analysed and also suggestions how to solve them are presented. The thesis is divided into three parts. Whereas the first part is dedicated to the subject of general legal regulation incorporated in the European Convention on Human Rights, the second part includes an analysis of this matter in the Czech legal order and the last part comprises of a thorough study of detailed legal regulation of the specific institute of mandatory defense in the Czech Republic. In the first part of the rigorosum thesis, the right to defense is initially put in the context of the right to a fair trial where its individual specific elements are examined with regard to the European Convention on Human Rights. Given the quite vague formulation of minimal rights set out in the European Convention on Human Rights that only in their complex state form the right to defense in its entirety, the thesis aims to solve unclear aspects of its interpretation as a whole. Grounds for these suggestions are based upon the case law...
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The competence of arbitrators for deciding property disputes (from the perspective of their independence and impartiality)
Ryšavý, Lukáš ; Pohl, Tomáš (referee)
The main focus of this doctoral thesis is arbitration; the phenomenon of not only an out- of-court dispute resolution but also international commercial relations. Arbitration is a modern legal institute that is regarded as an equivalent alternative to court proceedings. Independence and impartiality of the arbitrator are very important and at the same time very problematic aspects of arbitration. These two principals accompany the arbitration since the beginning of the modern era of this institution and they are still perceived as essential criteria of the arbitration. Independent and impartial decision-makers are an integral part of the right to a fair trial enshrined in Art. 36 subsection 1 of the Charter of Fundamental Rights and Freedoms and Art. 6 subsection 1 of the European Convention on Human Rights. Although such legislation refers to the court in terms of a state court, in the course of this thesis was demonstrated that these attributes are also applicable to arbitrators, even though they must be interpreted in arbitration proceedings with respect to the characteristics of arbitration. Due to the fact that resolving disputes in this way is the most common approach in international trade, the main focus of this thesis is to depict the issues of independence and impartiality in relation of...
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