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Criminal law practice of the district prosecutor in Humpolec 1949 - 1960
Rokoský, Jiří ; Kindl, Vladimír (referee) ; Soukup, Ladislav (referee)
After a short reference to the historical evolution of the profession, the thesis focuses on the examination, description and evaluation of selected activities of the rather negative character of the district public prosecutor of the District Public Prosecutor's office in Humpolec, which served in compliance with the administrative division only from 1949 to 1960. It was a rural district with a prevalence of farming and the activity of the district public prosecutor's office thus concentrated mainly in this field. The author focuses on the practical steps of the public prosecutor in criminal proceedings following opinions of the contemporary legal theory, collectivization of agricultural production enforced by the state and persecution of particular farmers declared wealthy men or kulaks. The prosecution of former local textile industrialists and the suppression of any disagreement with the promoted communist policy were also ascertained and documented.
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Selected criminal law aspects of youth criminality
Baranová, Michaela ; Musil, Jan (advisor) ; Vanduchová, Marie (referee)
Selected criminal law aspects of youth criminality Abstract The aim of this thesis is to point to selected aspects of criminal law, which distinguish prosecution and sanctioning of youth offenders from general provisions applicable to adult offenders. Youth offenders can be divided into two groups according to the Act No. 218/2003 Coll., on Liability of Juveniles for Illegal Acts and on Juvenile Justice. The first group consists of children, i.e. those offenders who do not reach fifteen years of age at the time of the offense. The second group consists of adolescents, i.e. those offenders who reach fifteen years of age but do not reach the age of eighteen at the time of the offense. These two groups of offenders are treated somewhat differently than adult offenders in the criminal proceedings, and the system of sanctions used to punish these offenders is also different from sanction schemes imposed on adults. In this thesis, the author outlines these differences and discusses selected aspects in more detail. The thesis also provides a historical excursion into the Czech criminal law that regulated the juvenile justice on the territory of the Czech Republic before the Act on Juvenile Justice came into force. Moreover, the thesis provides an overview of the minimum age for criminal responsibility in the Czech...
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Criminal Trial
Kantorová, Lucie ; Šámal, Pavel (advisor) ; Říha, Jiří (referee)
I have chosen the topic "Criminal Trial", because I am interested in criminal law and during my studies I completed an internship at court, which gave me the opportunity to experience criminal trial in practice. The aim of my thesis is to provide a comprehensive view of criminal trial as the most important part of criminal proceedings with its actual issues. The thesis begins with an introduction and ends on a conclusion. Between that, the thesis is divided into three main chapters. The first chapter is called the general characteristics of criminal trial and deals with the Czech legislation governing criminal trial, purpose and meaning of criminal trial and describes the basic principles of criminal proceedings, especially those most used in criminal trial. The second chapter focuses on the preparation of criminal trial, which is very important. Only a precise preparation can lead to a fluent criminal trial without any adjournment, as law requests. This chapter also discusses presence of the public and media at the court. The chapter tries to answer the question whether it is appropriate if the presiding judge permits making video and audio broadcast from the hearing. The third chapter analyses the course of the criminal trial, especially its beginning, rights and obligations of parties in the...
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The criminal liability of legal persons
Krátká, Lenka ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The thesis discusses the new institute, which was introduced in the Czech criminal law, the criminal liability of legal persons. Until the adoption of the law on criminal liability of legal persons and proceedings against them, could be the perpetrator of the crime only an individual person. From 1st January 2012, which came above the law in force, the offense can be committed by persons in addition to physical and legal person. The first part is focused on defining the term of a legal person and criminal liability. The next section is then analyzed foreign legislation, which is to see the different concepts and embedding corporate liability. Finally, it analyzes the new act, along with the author's proposals de lege ferenda a description of the use of the new institute in practice. In the Czech Republic, the first discussions about the introduction of criminal liability unleashed already in the twenties and thirties of the last century. In the very beginning the idea of introducing criminal liability of legal persons rejected, but with the passage of time and the development of crime committed by legal persons anchoring penalties and sanctions to those already seemed as unthinkable. The adoption of the law on criminal liability of legal persons Czech Republic live up to their commitments to it arising from...
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The principle of subsidiarity of criminal law
Vychyta, Jan ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The right of any person accused of a crime to be defended at a court by a professional defence counsel is a fundamental element of a democratic criminal proceeding. The aim of this diploma thesis is to analyse the position of the defendant as it is regulated particularly within the code of criminal procedure and the advocacy act, to gather and to summarize available information from various publications written by important Czech jurists and to add a brief introduction to the history of the position of defence counsels in the Czech legal system as well as some own minor remarks related to this topic. The thesis consists of 10 main chapters further divided into two levels of sub- chapters. After a brief introduction (chapter 1) follows the chapter related to a general concept of the defence right and relating issues such as the formal and material defence and the relevant sources of law. The third chapter contains short summary about the development of the counsel's position and the law regulating it throughout modern history from 19th century, up to this day. The following chapter which is the largest is called "Position of the defence counsel in the criminal proceedings". It contains a several sub-chapters dealing with various issues from general ideas of a role of the defence counsel to the...
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Legality of Evidence in Criminal Proceedings in the Light of the European Convention on Human Rights
Nejedlý, Josef ; Hýbnerová, Stanislava (advisor) ; Hofmannová, Mahulena (referee) ; Hubálková, Eva (referee)
1 Abstract This PhD thesis focuses on the legality of evidence in criminal proceedings in the light of the European Convention on Human Rights ("the Convention"). At first sight it might seem that this field is only remotely connected with the Convention. In fact, none of the provisions of the Convention expressly regulates issues of evidence and the European Court of Human Rights ("the ECtHR") traditionally refuses to rule on the legality and the admissibility of evidence having regard to its subsidiary role and the doctrine of fourth instance. Yet the days when the question of the legality of evidence was exclusively a matter of domestic law are now long gone, as is evidenced by the relatively abundant jurisprudence of the ECtHR and the former European Commission of Human Rights (jointly "the Convention organs"). Moreover, Strasbourg case-law has been evolving dynamically in this area. It is thus one of the challenges currently facing both legal science and practice which stand before the difficult task to capture and influence these developments. The gathering of evidence in criminal proceedings often conflicts with the fundamental rights of individuals. Consequently, it is not surprising that the jurisprudence of the Convention organs dealing with issues of evidence has developed particularly in the...
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Defence lawyer in pre-trial procedure
Gilarová, Monika ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
Defence counsel in criminal proceedings Criminal law was always my favourite subject at Law faculty and that is the reason, why i choose this topic at first. Because in this moment, I am still just student, and I don't have any personal experience with criminal proceedings, I have to search information largely from specialized publications and sentences od Czech courts. In the begining, i mentioned right of defence and international agreements, where is this right based and described how important is this right for criminal proceedings and for the defendant espacially. I wanted to show consequences of this right and Czech penal code as well. In my opinion, it was necessary to start with right of defence, because position of defence counsel in criminal proceedings in many thing depends on person of defendant. In next parts, I was paying attention to person of defence counsel, and especially conditions, which are necessary to his profession. Most important condition in general is that defence counsel has to have passed advocate exams and he has to be registered in list of advocates in Czech republic. Then I was describing his rights and duties to defendant, I meantioned for example his duty of descreetness, his duty to pay attention and behavior by wishis of his client and many others. I was try to divide the...
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Witness in Criminal Proceedings
Bílý, Martin ; Vokoun, Rudolf (advisor) ; Tlapák Navrátilová, Jana (referee)
Witness in Criminal Proceedings The aim of this thesis is to provide a compact overview of the rights and duties related to a witness, which affect his position in criminal proceedings. The witness is considered as a one of the fundamental institutions of criminal law. The witness's testimony with its irreplaceable role also ranks among the most important evidence provided by criminal proceedings. The witness in principle can be found in all stages of on-going criminal proceedings, whereas the circle of persons, which may be witnesses, is not a priori restricted. The witness's role is in particular very significant in preparatory stage of criminal proceedings as without his testimony there is often impossible to identify the perpetrator of a committed crime. He is also important in such a trial, where the court based on his testimony is able to decide, whether an accused is in truth guilty, i.e. decide on his punishment, or on acquittal. The thesis itself is divided into six chapters, which are further divided. The first chapter deals with the definition of a witness and the conditions of being legally qualified to perform as a witness and finally with the necessity of distinguishing a witness from other persons being involved in criminal proceedings. The second chapter is devoted to all duties...
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Status of Court Interpreters in the Czech Republic
Sojáková, Jana ; Čeňková, Ivana (advisor) ; Šprcová, Ilona (referee)
The thesis focuses on the status of court interpreters in the Czech Republic as a party cooperating with state authorities (courts and police) mainly in criminal proceedings. It aims to explore the work conditions of court interpreters in the Czech Republic. The thesis consists of two parts. The first part describes general features of court interpreting, the legal framework of court interpreting in the Czech Republic, the settings of court interpreting and the role of different participants of criminal proceedings. The second part examines the status of court interpreters in the Czech Republic through a questionnaire-based survey and interviews with court interpreters, representatives of courts and police officers. The survey showed that state authorities are not fully aware of the difficulty of court interpreting and do not create entirely suitable conditions for its practice. Considering also the low compensation of court interpreters, their status in the Czech Republic is rather problematic. The thesis was partly written in connection with the European project IMPLI (Improving Police and Legal Interpreting). Key-words: court interpreting, criminal proceedings, courts, police, act on experts and interpreters.
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