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The Issue of Pre-trial Detention in Criminal Procedure
Prokůpek, Jan ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
The Issue of Pre-trial Detention in Criminal Procedure This thesis deals with the topic of the institute of pre-trial Detention. Personal freedom is a fundamental human right, but it is not unlimited. It is the detention that significantly affects this right. Both in the case of legislative process and in the application of legal instruments, it is necessary to insist on the greatest possible emphasis on the rights of persons against whom criminal procedure is being conducted. The thesis is divided into eight chapters. The first chapter describes the general features of detention, especially the concept of detention, the conditions under which detention can be applied and the principles influencing the detention. The second chapter deals with the international and constitutional legal framework of detention. Topics of presumption of innocence and limits of restriction of personal freedom. The third part is devoted to a summary of the historical development of the detention in the Czech lands from the 19th century to the present day. Chapter four is focused on material aspect of law concerning detention. The individual reasons for detention are discussed, as well as the institutes alternative to detention. Special mention is given to electronic control in cases where the detention was replaced by...
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Wiretapping and recording of telecommunication traffic
Novotná, Eliška ; Galovcová, Ingrid (advisor) ; Šelleng, Dalibor (referee)
The thesis deals with wiretapping and recording of telecommunication traffic which is an indispensable instrument for law enforcement on one side, but on the other side nevertheless it intervenes in lives of wiretapped persons in a significant way. The first chapter of thesis focuses on the area of the right to privacy because to be able to assess whether the wiretaps are realized in accordance with the legislation or not, it is essential to know from a legal point of view what falls within the privacy of individuals, which single rights involve the term right to privacy, and so which rights are protected. In the following part, the term wiretapping and recording of telecommunication traffic is explained and the amendments of legislation of this institute are summarized. On the development of the amendments of legislation it can be observed the fostering of protection of right to privacy by/over time on the development of the amendments of legislation. The next part focuses on the issue of the wiretap warrant, specifically on the procedure leading up the wiretap warrant, its compulsory content according to the criminal procedural code, the test of three-degree efficiency control of lawfulness wiretap warrant, and also the jurisdiction which is really important in this issue. The last point which...
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Criminological Aspects of Hate Crime
Kočí, Daniel ; Kopečný, Zdeněk (advisor) ; Galovcová, Ingrid (referee)
Criminological Aspects of Hate Crime Abstract The purpose of this thesis on the topic of the Criminological Aspects of Hate Crime is to present a concise summary of essential and available information on the issue of these crimes and to highlight specifics of these criminal activities from other types of crime. The thesis is divided into ten chapters according to the selected thematic areas. The first chapter is focused on concept of hate crime and its characteristic. This chapter offers various conceptions of hate crime, its definitions, brief history, development and description of spreading of this concept. A common feature of the definitions of hate crime mentioned in this thesis is that hate crime is a crime committed by the offender due to some strongly negative emotion, which this offender has towards variously defined groups of the population. The second chapter describes the forms of hate crimes in terms of the nature of the offender's conduct and in terms of the offender's motivational background. The third chapter provides an overview of the legal regulation of hate crime in the Czech Republic and in the selected countries (USA, Canada and FRG). The end of this chapter contains a comparison of the legislation of the Czech Republic with the legislation of the selected countries. The fourth chapter...
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Latent criminality
Mikysková, Aneta ; Kopečný, Zdeněk (advisor) ; Galovcová, Ingrid (referee)
1 Latent criminality Abstract This submitted diploma thesis deals with the phenomenon of latent criminality. Latent criminality is the part of criminality that is for some reason not registered by the law enforcement authorities. The thesis itself consists of four consecutive chapters. The first chapter deals with the concept of crime. It discusses the different approaches to concept of crime in criminology and the indicators that are used to describe it. Furthermore, this chapter is dedicated to the division of crime into latent and registered crime and the sources of information about registered crime. In particular, it focuses on official crime statistics. In the second chapter, the issue of latent crime is discussed in more detail. It defines the concept of latency, in which cases it is considered being latent criminality and what its types are. Furthermore, the ratio of latent and registered crime, the rate and extent of latency are described. At the end the possible causes of its existence are presented, one of the main reasons being the failure to report the crime by its victims. The third chapter focuses on possible methods of detecting latent crime, where more space is subsequently devoted to the two most important methods, namely victimization surveys and self- report studies. For both of these...
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Criminal custody as an ultima ratio instrument
Strnadová, Pavla ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
Criminal custody as a means of ultima ratio Abstract This diploma thesis deals with a custody in criminal proceedings as an institute which should, due to its strong intervention to personal liberty, be used in the uttermost cases. Although this conception has been enforced to the legal theory and also to the czech legislation for many years, it is necessary to state that practice has considerable reserves in this respect. With respect to planned recodification of criminal procedural law which could reflect needs of aplication, this thesis tries to look at custody in a broad scope focusing on options of subsitution of custody. Due to the fact that the custody cannot be perceive only within the limits of criminal law, the first chapter is devoted to guaranteed freedom on the constitutional level, i. e. personal freedom. To understand a context, the development of this fundamental freedom is briefly described. This thesis also submits its conception on the international and national standards. In relation to the custody, this chapter includes the solution of whether detention restricts personal freedom or deprives individuals of it. It also summarizes three fundamental principles od criminal proceedings which are strongly connected with the custody. The second chapter deals with custody directly. First it...
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Wiretapping and recording of telecommunication traffic
Born, Natalie ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
Wiretapping and recording of telecommunication traffic Abstract The thesis deals with the institute of wiretapping and recording of telecommunication traffic, which deserves closer attention due to the constant development of technologies. The aim of the thesis is to analyse the main issues of the regulation not only according to the pivotal criminal procedure norm, but also according to other acts, especially in the context of constitutional limits. The thesis is divided into five chapters. In the initial chapter, the author briefly deals with wiretapping of telecommunications traffic from a technological perspective followed by an analysis of the development of wiretapping and recording of telecommunications traffic, in terms of foreign legislation and then Czech legal system. It takes into account not only the historical development of §88 and §88a of the Criminal Procedure Code but also the parallel regulation of wiretapping in the Police Act of 1991. In the second chapter, the author outlines the constitutional limits not only in the terms of the Charter but also according to the Convention and the related case law of the European Court of Human Rights. In the crucial third chapter, the author examines the regulation of wiretapping and recording of telecommunications traffic according to applicable law...
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The Issues of Exceptional Punishment
Kroo, Kateřina ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
Problematics of extraordinary punishment - Abstract The aim of this thesis is to provide a comprehensive overview about a criminal law's legal institute of the extraordinary punishment. In this thesis I will comprise historical development of this legal institute and its connection with the death penalty. The first chapter is focused on defining the concept of punishment and its purpose, along with punishment theories. I will compare both theories with the extraordinary punishment. Subsequently I will deal with the historical development of punishment in the Czech republic in general, and than focus on the strictest penalties and finally I will represent historical develompent of the extraordinary punishment. The third chapter deals with the death penalty and its context. At the beginning I will shortly mention the history of the death penalty and than I will introduce situation in the world about the death punishment. Mostly this chapter analysis the arguments of supporter and opponents of the death penalty. In the fourth chapter I will deal with international sources that influenced the national adjustment of exceptional punishment primarily on the performance of imprisonment. The fifth part of my work will be based on the definition of substantive and processing provisions of the national adjustment of...
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Corruption and bribery from the point of view of criminal law
Kučerová, Karolína ; Jelínek, Jiří (advisor) ; Galovcová, Ingrid (referee)
The rigorous thesis is focused on the phenomenon of corruption, which is one of the most serious problems of today's society. Given that the issue of corruption is quite broad, the aim of the work is not to cover all its aspects and not to solve the problem of corruption as such, as these goals would be more than ambitious. On the other hand, the work aims to clarify corruption from the perspective of criminal law and to cover at least some of its basic aspects. The work is divided into a total of five chapters. The first chapter deals with corruption in general and primarily seeks to define the concept of corruption as such and demonstrate the diversity of forms of corruption activities, as well as their prevalence. The second chapter then deals with a brief historical excursion, which aims to introduce corruption in previous criminal law, thus providing a comparison with the current legislation. The following third chapter focuses on the current criminal law regulation of corruption offenses. Attention is focused mainly on bribery offenses, which form the core of the criminal law of corruption. However, it also briefly deals with some other selected corruption offenses. Chapter four then deals with selected anti-corruption instruments, which it not only describes, but also evaluates in terms of...
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Means of Substitution of Custody
Horsák, Tomáš ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
This thesis deals with the topic of means of substitution of custody. These means are milder than a custody itself which out of all the securing institutes of criminal procedural law can interfere with the rights of the individual in a most severe way. Custody must always be duly substantiated and applied only when necessary. Even if the custody of the accused is fully justified by legal facts, it is still necessary, in accordance with the exceptional nature of this institute, to examine whether it cannot be replaced by more lenient measures that can fulfil its purpose and at the same time are less restrictive in terms of basic human rights. The aim of my work is to examine such means of substitution of custody. The work is divided into four chapters. In the first chapter I characterize the institute of custody, its purpose and the reasons for which the accused can be taken into custody. This is the basis for other parts of this thesis, as the substitution of custody is linked to the custody itself inextricably. In the second chapter I follow the gradual development of substitution of custody. With the gradual increase in the level of basic human rights and freedoms, means of substitution of custody have been added accordingly. The chapter contains these developments from 1918 to present. The historical...
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Inadmissibility of Evidence in Criminal Proceedings
Grossová, Andrea ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
Inadmissibility of Evidence in Criminal Proceedings Abstract The main goal of this work is to find out exactly how the conditions of admissibility of evidence in criminal proceedings are determined by law. This issue is explained in detail not only in the so-called Rath Case, where there was a conflict of views on the requirements of the application for spatial interception, specifically in the decisions of the High Court in Prague of October 17, 2016, file no. 6 To 106/2015 and the Supreme Court of June 7, 2017, File no. 6 Tz 3/2017-I.-693. First, the work deals with individual means of evidence and their possible defects, which may result in their inadmissibility at the court. Subsequently, the author explains the differences between the concepts of ineffectiveness, inadmissibility and illegality of evidence, which is defined only by legal science, but which are essential for understanding the issue of admissibility of evidence and possible correction of inconsistencies in the Czech legal system. It also offers insight into the issue of absolute and relative ineffectiveness of evidence and then deals with the American Doctrine of Fruit from the Poisoned Tree and the views of Czech experts in the field of law on this doctrine, or other methods of assessing secondary evidence. A comparative part is added,...
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