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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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Methodology of road traffic accident investigation
Šindelář, Jan ; Musil, Jan (advisor) ; Dvořák, Marek (referee)
Methodology of road traffic accident investigation Abstract This thesis, entitled "Methodology of Road Traffic Accident Investigation", responds to the long- term high number of road traffic accidents that result in many deaths and serious injuries. The purpose of this thesis is to provide readers with up-to-date and comprehensive information on the issues and specifics of road traffic accident investigation. The thesis also presents a number of planned innovations and proposals that could significantly reduce the occurrence of road traffic accidents and thus increase safety on Czech roads. The thesis is designed chronologically, with the introductory chapter outlining the theoretical basis and nature of road traffic accidents. In the subsequent chapters, attention is then given to typical clues, investigative situations, peculiarities of the subject matter and stimuli for investigation. The sixth chapter then deals with initial investigative tasks, in which special attention is given to the issue of detecting alcohol in road users. This chapter also outlines the institution of the alcohol lock, which could become part of the Czech legal system in the future. Chapter 7 then briefly develops the issue of investigative versions. Chapter 8 then focuses on the subsequent stages of the investigation, in...
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Forensic olfactorics and its future
Hladíková, Dominika ; Dvořák, Marek (advisor) ; Krupička, Jiří (referee)
1 ABSTRACT Forensic olfactorics and its future Forensic olfactorics is one of the methods of criminal odourology. Olfactorics uses the sense of smell of a specially trained dog to examine and identify odours. The most important type of dog scent work is the individual identification method. This method arose from the development of service cynology and has undergone considerable development over the years. There are extensive scientific studies dealing with the function of the dog's sense of smell, which show that there is as of yet no other device so developed that is capable of identifying and comparing human scent. The thesis also discusses the training of service dogs for scent work as well as the process of olfactory comparison, from locating scent traces, to securing them, to the actual comparison of two scent conserves. The legal framework for the use of olfactory comparison as part of evidence in criminal proceedings is also presented. In spite of the above, opinions persist within the judicial practice, especially that of the Czech Constitutional Court, that the evidence provided by the scent analysis is only supporting evidence and cannot be the main evidence. The thesis seeks to identify possible reasons for these opinions as well as to outline possible solutions that could enable the method of...
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Criminalistic Odorology
Vinšová, Denisa ; Krupička, Jiří (advisor) ; Dvořák, Marek (referee)
Criminalistic Odorology Abstract This thesis is focused on the scientific field of criminalistic odorology with a focus on criminalistic olfactorics. The main topic of this thesis is to find out on what principles this scientific field works and to map its system of functioning and using in practice. This thesis is divided into about 5 main chapters or topics that it deals with. These are the history of the development of criminal olfaction, the definition and description of criminal odour science, the theoretical basis for its use in practice such as the analysis of smell and olfaction and finally its use in practice. The last part focuses directly on the method of scent identification and its performance and use in court as evidence. The first chapter deals with the history and development of the use of the dog by man, first as his protector, then protector of his property, companion and finally scent biodetector in the service of the police. The second chapter defines what criminal odor science is and divides it into two parts, olfactorics and olfactronics, which it then describes as subjective and objective methods of examining scent. In the third chapter he discusses smell and olfaction and their biological, physical and chemical basis. The fourth chapter describes the use of dogs as live odour...
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Methodology of Investigation of Murders
Gotschalková, Markéta ; Musil, Jan (advisor) ; Dvořák, Marek (referee)
Methodology of Investigation of Murders Abstract This thesis examined methodology of investigation of murders. As this is a very broad topic, the focus was on selected aspects of the investigation methodology. The introduction of the thesis was devoted to murder from the perspective of law and its comparison with the crime of killing and murder of a newborn child by the mother. The nuances that differentiate them are discussed there. The second chapter focuses on the criminological characteristics of murder. It provides the reader with an insight into the characteristics of the perpetrators of murder and who the victims most often are. The following chapters deal with the individual components of the methodology itself. They describe typical clues as well as investigative situations that criminologists most often encounter in practice. Attention is also paid to the methods of crime scene examination, examination of a corpse and forensic examination. The eighth chapter discusses the planning and organisation of the investigation and the way in which criminal investigators construct versions based on the evidence and clues found, which are then tested. The penultimate chapter describes the peculiarities of subsequent investigative and search operations. In particular, this includes the interrogation of the...
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Punishment of disqualification and its control
Chovancová, Anna ; Šelleng, Dalibor (advisor) ; Dvořák, Marek (referee)
Punishment of disqualification and its control Abstract The topic of the thesis is the punishment of the disqualification and its control. The main goal is to analyse the punishment of disqualification and its control in the Czech legislation and to focus on possible deficiencies but also on possibilities of correction or other legal solutions. The thesis is fact-based from the beginning with specific examples from case law to illustrate the breadth of the topic. The text of this thesis is divided into six chapters. In the conclusion I summarise the findings of the whole thesis and suggest possible solutions to the problems. The first chapter deals with the topic of punishment in general and is divided into five subchapters. The first subchapter deals with the history of punishment in general. The second subchapter is devoted to the purpose of punishment as such. The third subchapter deals with the system of punishments in Czech legislation and the fourth subchapter deals with the possible classification of punishment. The last fifth subchapter deals with the concept of alternative punishments, which defines what constitutes an alternative punishment. Alternative punishments are associated with the performance of the Probation and Mediation Service of the Czech Republic. It is an important institution that...
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Eyewitness identification in the light of the case law of the Czech courts
Novák, Matěj ; Dvořák, Marek (advisor) ; Šelleng, Dalibor (referee)
Diploma thesis Eyewitness identification in the light of the case law of the Czech courts Abstract The diploma thesis deals with the traditional criminalistic institute called eyewitness identification, as it is regulated by the Czech legal regulation in Section 104b of the Act No. 141/1961 Coll., Czech Criminal Procedure Code. The diploma thesis is divided into five parts, which are concentrated into three larger units. The first part describes the individual attributes of eyewitness identification, such as the subjects involved in the eyewitness recognition, functions, elements and phases of eyewitness recognition, as well as the definition to other so-called special methods of evidence. The second part compares the Czech legal regulation of eyewitness identification with foreign legal regulations, specifically with Slovak, Italian, Polish and English legal regulation. Within the framework of the comparison it is also points to those provisions in foreign legal regulation which, according to the opinion of the author of the thesis, represent more precise and perfect legal regulation. The third part includes an analysis of the decisions of the Czech courts (both constitutional court and the general courts) concerning eyewitness identification, where these decisions have significantly influenced the Czech...
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Possibilities of toolmark examination with focus on theft by burglary
Vilím, Frederik František ; Dvořák, Marek (advisor) ; Šelleng, Dalibor (referee)
Possibilities of toolmark examination with focus on theft by burglary Abstract (English) Diploma thesis deals with tool mark examination in the predominant first half. The thesis discusses tool mark examination as a forensic science, it describes its beginnings, types of toolmarks, the process of securing them and the individual types of examination. At several points, the thesis attempts to give specific examples of toolmark examination, and it tries to show a connection between them and the felony of theft by burglary. For some chapters, specific cases from case law are given to give the reader a better understanding of this field. In about the second half, the thesis focuses more on the felony of theft by burglary itself, with an emphasis on residential burglary and related aspects. The main theme of this thesis is the completion of knowledge from forensic toolmark examination, its relation to the felony of theft by burglary and the contribution of new knowledge gained from abroad. Beyond the actual execution of the examination, it deals with the legal aspects of these terms and evaluates the legal basis of the felony of theft by burglary, while not limiting itself to the Czech Republic. The goal of the thesis is to show to what extent it is possible to identify a particular toolmark connecting it to a...
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Recognition
Košacká, Kristýna ; Konrád, Zdeněk (advisor) ; Dvořák, Marek (referee)
1 Selected aspects of line-up Abstract This diploma thesis introduces line-up as an important and in practice widely used means of evidence. The thesis mainly tries to point out the important problematic and unclear aspects of the legal regulation of line-up and, based on a comparison of our legal regulation with the legal regulation abroad, especially within the United States, to propose a legal regulation de lege ferenda that could contribute to more reliable results of recognition and less interference with the rights of the identified person. The first part of the diploma thesis focuses on the general legal regulation of line-up, with a focus on the line-up performed in natura, especially its nature, phases, principles and different types of line-up. The key part of the thesis analyzes the problematic and unclear aspects of line-up, namely the performance of line-up as a non-repeatable act, the performance of line-up as an urgent act and the obligations of the identified person's in relation to the line- up, with focus on the current legal regulation of these aspects, the opinions of experts and comparison of the current regulation of the given aspects with the legislation in the United States. The final part of this diploma thesis is devoted to possible ways of de lege ferenda legal regulation of...
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Creation of Financial Statements in Accounting Programs
DVOŘÁK, Marek
The objective of this bachelor thesis is the creation of financial statements in different accounting programs. In the theoretical part of bachelor thesis three important statements - the balance sheet, the income statement and the cash flow statement were desribed. Then there were written the important items of financial statements The practical part is devoted to creation of financial statements in accounting programs such as Ekonom, Money S3 and Pohoda. The thesis was focused on the creation of Hotel Artaban company financial statements. After compilation in all three accounting software, the individual accounting programs were compared and it was determined which of them is best applicable to the company.
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