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Substantiation of Electronic Evidence
Klein, Jakub ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Substantiation of Electronic Evidence Abstract This thesis addresses the procedural questions of securing and presenting electronic evidence in criminal proceedings. The use of modern devices and the subsequent creation of electronic evidence is very common, making it necessary for legislation as well as investigative, prosecuting and adjudicating bodies to set out an adequate framework for securing and producing such evidence. The thesis seeks to determine the limits of this framework with regard to the rights to a fair trial, privacy and secrecy of correspondence, as well as the principle of public authority interference minimization, keeping in mind that electronic evidence must be secured and produced in accordance with the Criminal Procedure Code, the Constitution and enforceable international treaties, respecting the rights of individuals but also allowing criminal proceedings to reach their ultimate goal. The thesis first concentrates on traditional instruments of securing evidence, e.g. search warrants, seizure of an item, operative-search means or various types of wiretapping. These general findings are then applied to commonly used information technologies, such as emails, documents stored on websites or social media platforms, as well as communication conducted via mobile applications. In its...
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Wiretapping and Interception of communication
Kučerová, Štěpánka ; Říha, Jiří (advisor) ; Vokoun, Rudolf (referee)
This thesis analyzes legal framework as well as other issues regarding monitoring and intercepting the substance of communication under Section 88 of the Criminal Procedure Act. Also, the characteristics of logging and accessing data relating to communication (such as times, patterns, locations and parties involved) under Section 88a are described. These institutes in certain instances represent lawful interfere with the right to respect for private life and other human rights and both are of critical importance in the investigation of many types of crimes. The thesis is systematically divided into seven chapters. Chapter One presents both concepts in their relationship to the affected basic human rights and describes characteristics, major principles as well as the procedure of issuing a wiretap and data retention warrants. As both concepts have similar features with conception of Surveillance of persons and items under the Section 158d of the Czech Criminal Procedure Act, comparison with this institute is provided in the second chapter. The third Chapter is devoted to the evolution of Wiretapping legislation and its changes due to particular amendments. The first legal regulation of Wiretapping was adopted in the Czech Criminal Procedure Act in 1991 as a response to the political revolution...
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Legal framework of computer crime investigation
Rademacherová, Kristina ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Master's thesis is focused on computer crime, with an emphasis on the process of investigation. New systematics in Czech computer crime terminology is offered. Within the thesis, cybercrime is perceived as a part of computer crime. Special attention is put on various aspects of criminalistics, as the topic of investigation itself is understood from the point of view of such science. Nevertheless, criminological findings are discussed likewise. Particular emphasis is put on a link between Czech legal regulation and expert literature from the fields of law, criminalistics, criminology and technology. Master's thesis is based on Czech literature, as well as English and French writings, in addition to national and international case law. The text itself is divided into three chapters. First chapter is introducing the issue of computer and cybercrime with selected criminological characteristics, including specifics of offending within the Internet. Second chapter discusses evidence of computer crime, the electronic or digital evidence, from the point of view of criminalistics. Particular problems of digital evidence usage within Czech criminal procedure are revealed. The core of master's thesis is the third chapter. Methodology of computer crime investigation is discussed, as well as selected individual...
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