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Verification Procedure in Preliminary Proceeding
Linhart, David ; Heranová, Simona (advisor) ; Šelleng, Dalibor (referee)
Verification Procedure in Preliminary Proceedings Abstract This diploma thesis covers the verification procedure, that is the first of the two phases of the stage of criminal proceedings referred to as preliminary proceedings. The goal of the thesis is to provide a comprehensive explanation of the verification procedure, its course, as well as the selected entities involved in it. In the relevant passages related to the selected institutes of the verification procedure, the author defines the rules resulting from other legal regulations, judicial conclusions or conclusions of the professional public beyond the scope of the legal regulation contained in the Criminal Procedure Code. In this context, the author identifies, in relation to the selected institutes, the partial shortcomings of the current legislation, which are being compared with the legislation contained in the current draft of the new Criminal Procedure Code, which is the unfinished result of the efforts to recodify criminal procedural law. The first part of this thesis presents an introduction to the topic and discusses the issue of criminal proceedings, its purpose, and its division into individual stages. Within the individual stages of criminal proceedings, the stage of preliminary proceedings, its internal division, and its forms are...
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Decisions in pre-trial proceedings
Kubeček, Jan ; Heranová, Simona (advisor) ; Dvořák, Marek (referee)
Decisions in Pre-trial Proceedings Abstract The rigorous thesis named Decisions in Pre-trial Proceedings deals with decision-making, acquiring the effects of decisions and their notification to the addressees in pre-trial proceedings. Pre-trial proceedings including shortened pre-trial proceedings is the first stage of criminal proceedings. Since we are at the time of preparations for the recodification of the Code of Criminal Procedure, the chapter on pre-trial proceedings defines the pre-trial proceedings de lege ferenda. A decision from the point of view of legal theory is a an individual legal act and a product of the decision-making activity of the state. Decisions in pre-trial proceedings are issued by authorities involved in criminal proceedings - the police authority, the public prosecutor and the court - with a reminder that in exceptional cases other entities also make decisions in pre-trial proceedings, e.g. the President of the Republic. The problematic selection of the court and the public prosecutor's office in the preliminary proceedings that have territorial jurisdiction is analyzed in the case of David Rath. The Constitutional Court orders the interpretation of legal regulations that will not allow the supervising public prosecutor to choose, in principle, any court that is located in the...
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Protection of the Injured Party in Criminal Proceedings
Mandíková, Eliška ; Jelínek, Jiří (advisor) ; Heranová, Simona (referee)
Protection of the Injured Party in Criminal Proceedings Abstract This thesis is focused on the injured party, the subject of criminal proceedings. The aim of the thesis is to identify the most pressing shortcomings of the current legislation through a comprehensive analysis of selected topics. The thesis is divided into eight main parts. Chapter one focuses on the very definition of the term injured party and the basic division into injured person entitled to compensation for damage, non-pecuniary damage or unjust enrichment with specific rights in adhesion proceedings and injured person without this right. This is followed by an overview of the position of the injured person in criminal proceedings with an emphasis on his or her representation and the issue of a joint agent. The central concept of the third chapter is the victim of a crime, the definition and differentiation from the concept of injured person. This part discusses selected institutes of the Act on Victims of Crime and the basic principles governing it. Chapter four deals with the development of legislation. It describes the legal regulation of the position of the injured party in historical criminal procedure codes and significant amendments to the current Criminal Procedure Code that affected the rights of the injured party. The subsequent...
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Expert in criminal proceedings with a focus on healthcare
Krbcová, Tereza ; Jelínek, Jiří (advisor) ; Heranová, Simona (referee)
1 Expert in criminal proceedings with a focus on healthcare Abstract The thesis deals with the evaluation of the legal regulation of expert activities in criminal proceedings according to Act No. 254/2019 Coll., on Experts, Expert Offices and Expert Institutes and Act No. 141/1961 Coll., Criminal Procedure Code. It is divided into five chapters, which deal with the history of expert activities, expert, expert opinion, expert evidence, and opinions from the field of healthcare. The first chapter maps the history of expert activities on a global scale and the gradual development of expert activities in our country. The second chapter is devoted to the expert, his status, conditions of practice and his rights and duties. Among the most important rights of an expert is the right to expert fees, which is thoroughly discussed in the thesis. The third chapter deals with the expert opinion, its differences from a professional statement, its form and requirements. A lot of emphasis is placed on the requirements of the expert opinion, and their changes, due to the entry into effect of the new legislation. The third chapter also includes the electronic register of expert opinions, which was created for the purpose of digitisation of public administration and in accordance with enabling the submission of expert...
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Participation of the defense attorney in the preliminary proceeding
Francová, Lucie ; Heranová, Simona (advisor) ; Tlapák Navrátilová, Jana (referee)
Participation of the defense attorney in the preliminary proceeding Abstract The right of defense is one of the most important fundamental rights of a person against whom criminal proceedings are conducted. It can be defined as a set of rights which the law gives to a person in order to enable him or her to defend himself or herself effectively against the charges brought against him or her and to protect his or her rights and interests in criminal proceedings. The person against whom criminal proceedings are brought must be clearly informed of his or her rights at every stage of the proceedings and must be able to exercise them fully. The right of defense consists of several components. It includes the right to defend oneself in the proceedings by the means of one's own choice, the right to choose a defense attorney and to consult him on the manner of defence, and the right to require the criminal proceedings authorities to proceed in such a way as to establish the facts of the case beyond reasonable doubt and to the extent necessary for a decision. This diploma thesis is divided into an introduction, three parts and a conclusion. The first part of the diploma thesis deals with the legal regulation of the right of defense and the content of the principle of the right of defense. The second part of the...
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The crime of fraud pursuant to Section 209 of the Criminal Code
Tomanová, Silvie ; Heranová, Simona (advisor) ; Beranová, Andrea (referee)
101 Criminal offence of fraud under Section 209 of the Criminal Code, abstract, key words Abstract The subject of the thesis is the criminal offense of fraud under Section § 209 of the Criminal Code. The thesis focuses on the analysis of the relevant legal regulation, the systematic classification of the criminal offense of fraud, analysis of the constituent elements of the criminal offense, the comparison of the criminal offense of fraud with other criminal offenses against property, and the presentation of proposals de lege ferenda responding to the current regulation of the criminal offense of fraud. The thesis also examines the criminal offense of fraud from a criminological and forensic perspective and further from the perspective of cybercrime. The thesis is divided into 6 sections and which are further subdivided into individual chapters, sub-chapters, sections, and subsections. In the first section of the thesis, the criminal offense of fraud is systematically incorporated into the Criminal Code among other criminal offenses against property. This section also discusses the relations of property criminality. In the second section of the thesis, the fundamental issues of the criminal offense of fraud are examined, with a particular focus on the analysis of the basic elements of the criminal offense...
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The imposition of penalties on the concurrence of crimes and recidivism
Hrubá, Michaela ; Heranová, Simona (advisor) ; Pelc, Vladimír (referee)
The imposition of penalties on the concurrence of crimes and recidivism Abstract This final thesis deals with the imposition of penalties on the concurrence of crimes, recidivism and related quasi-recidivism. The aim of the thesis is to comprehensively analyse the current legal regulation on the basis of an analysis of the statutory regulation, the related case law and professional publications, and to supplement this analysis with the own considerations and de lege ferenda proposals of the author of this thesis. Furthermore, the Czech legal regulation is compared with the Italian legal regulation, which demonstrates a different approach to punishing concurrence and recidivism. The thesis has been written using the descriptive, analytical, synthetic and interpretative methods, especially linguistic and teleological interpretation. The comparative method was also used, in particular for comparing the Czech and Italian legal regulations. Structurally, the thesis is divided into four chapters. The first chapter of the thesis deals with the definition of the terms concurrence of crimes, recidivism, and also quasi-recidivism, while pointing out selected issues, which occur while distinguishing these forms of multiple offences. The second chapter of the thesis analyses the legal regulation regarding the...
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Participation in criminal law
Hledík, Filip ; Pelc, Vladimír (advisor) ; Heranová, Simona (referee)
Participation in criminal law Abstract The issue of participation in a criminal offence is one of the most complex and complicated institutes of substantive criminal law. The primary aim of this Diploma Thesis is to analyse the current legislation of participation in Czech criminal law. This analysis will then allow to focus on the strengths of the Czech legislation and at the same time to identify main deficiencies and problematic points and to explain the reasons of this deficiencies. The Diploma Thesis is internally structured into an Introduction, four parts and a Conclusion. Since the institute of participation in a criminal offence is very closely related to most areas of criminal law, the first part of the Diploma Thesis deals with the interpretation of the basic concepts of criminal law. Their correct understanding is a prerequisite for a correct understanding of the entire institution of participation. The second part of this Diploma Thesis focuses on institute of criminal cooperation in general and on individual forms of criminal cooperations, including participation in a broad sense and participation in narrow sense. It analyses the condition of criminal cooperation. It also analyses the different systems that the legislator may choose to regulate participation in criminal law - the monistic and...
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The influence of the real rape stereotype on decision-making practice in acquaintance rape cases
Šimkovská, Nella ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
1 Abstract The influence of the real rape stereotype on decision-making practice in acquaintance rape cases Although the crime of rape is a very serious interference with dignity and subsequent decisions in future intimate life, there are many myths related to this issue among the lay public and in decision-making practice, which are reflected in discussions about this issue. The diploma thesis deals with the question of myths about so-called "real" rape and their influence on decision-making practice regarding acquaintance rape. Acquaintance rapes are not only and exclusively between two steady partners. These are rapes where the victim and the perpetrator have known each other for more than 24 hours - this includes family, friendship, collegial relationships and other acquaintances. Using the method of content qualitative analysis, a total of 337 valid court decisions of regional and district courts were collected on the basis of the Act on Free Access to Information. The work first defines the concept of myths about "real" rape, including the definition of its sub- parts, which will be processed within the work. Subsequently, the thesis analyzes five myths related to the central issue: a) Rape perpetrators are mostly strangers in relation to the victims; b) Rape perpetrators suffer from paraphilia; c)...
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Conditional sentence of imprisonment
Trčková, Michaela ; Tejnská, Katarína (advisor) ; Heranová, Simona (referee)
The rigorous thesis is focused on the analysis of the subject of conditional sentencing legislation, which represents the pillar of punishing offenders. Conditional sentencing is the most used punishment to date. It is indisputable that conditional sentencing will continue to be used in years to come. The aim of this rigorous thesis is to evaluate effective legal regulation, which also significantly evolves in the time of writing of the thesis. The amendment declares the irreplaceable role of this punishment, although the basis of the conditional sentence is unchangeable. Another aim is connection of theory and practice and to detect difficulties of legal regulation. In the introduction, the author deals with the evolution of conditional sentencing, but the main components are within chapters three and four which are dedicated to conditional sentencing and conditional sentencing with supervision. In these chapters, the author pulls examples from her experience from practice within the system, to demonstrate the faults within the legal regulation. For example, the question of summoning the convicted person to a public hearing, the delivery of ruling, the perception of a proper life, the probation period, the running of a probationary period during the imprisonment and the frequency of consultations...
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