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The consequences of the breach of evidence rules for the effectiveness of evidence
Maříková, Marie ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
This thesis deals with impacts on the applicability of evidence which results from violation of directives modifying the process of proofs of trial proceedings. The significance of proofs is crucial as by its means the reconstruction of the event of significance from the criminal law perspective is done. The condition for fulfillment of criminal trial proceedings purpose is a complete and proper determination of fact whereof there is just suspicion in the extent necessary for issue of decision. At the same time it is necessary that the set rules were followed for purveyance, locking, implementation and evaluation of evidence as these rules represents guarantee of just law trial proceedings as the one of fundamental attribute of democratic legally consistent state. This thesis is divided into four main parts and preface and conclusion. First part deals with definition of the term proofs in trial proceedings, its meaning and purpose. Moreover it deals with legal form of proofs including constitutional and international law way out. It contains also listing of fundamental terms and principles controlling process of proofs and division of evidence from different perspectives. In second part of this thesis, the issue of admissibility of evidence is processed with which acquisition and application was...
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The consequences of the breaching the rules on evidence for the effectiveness of evidence
Šabatková, Tereza ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
This diploma thesis deals with the ineffective evidence in the context of criminal procedure in the Czech Republic. The aim of this thesis is to provide a coherent interpretation on this topic, analyse current legal framework including its shortcomings and supplement the thesis with a sufficient number of applicable case law. The thesis is systematically divided into three main chapters. The first chapter is a short interpretation of key terms, principles of the law of evidence and fundamental sources of law related to the evidence. The second chapter is crucial for understanding this issue. This chapter is devoted to the evaluation of evidence from the point of view of their legality as well as the possibility of using such as evidence in criminal proceedings subject to the statutory rules on evidence. After a theoretical introduction on absolute and relative inefficiency of evidence, the legality of evidence is described in detail according to five different aspects, which determine legal boundaries of evidence. These five aspects are means of evidence, the subject of evidence, stage of proceedings, the subject-matter of evidence and taking of evidence. Part of this chapter is also dedicated to the issue of whether the inefficiency of evidence has an impact on evidence obtained as a result of...
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Defence of a legal entity during criminal proceedings
Juránková, Sandra ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
In comparison to physical persons, the defense of a legal entity during criminal proceedings is substantially hindered. The primary reason for these difficulties lies in the very nature of a legal person as a legal fiction. This study aims to provide a comprehensive overview of this topic. This thesis is systematically divided into six chapters. The first and the second chapter serve as a theoretical basis. The first chapter deals with the definition of the legal entity and the current regulation of legal entity in private law. This thesis mainly focuses on the analysis of the process aspects of the Act No. 418/2011 Coll., on criminal liability of legal persons and proceedings against them (hereinafter "ZTOPO"), entered into force on January 1, 2012 in the Czech Republic. At the same time, it is not possible to leave out the substantive aspects of criminal liability of legal entities. Therefore the second chapter deals with the legislation of the criminal liability according to ZTOPO. It deals mainly with the person who is the subject of criminal liability of legal persons, examines how to characterize the criminal liability according to ZTOPO, its structure and the scope of criminal liability. The third chapter introduces persons, who are authorized to act as a legal entity during criminal...
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Tax crimes
Voleš, Petr ; Pelc, Vladimír (advisor) ; Tejnská, Katarína (referee)
Tax crimes Abstract This thesis deals with the topic of tax crimes. Its goal is to analyze the current legislation regarding tax offences in the Czech Republic, that is both from a general perspective and from the perspective of specific types of tax crimes, and identify the weaknesses of the legislation. These weaknesses were found mostly in the rigid reaction of the legislator to legislative changes in the law, which causes these changes not to be reflected in the penal code. Some sections are dedicated to general topics about taxes and tax offences, such as the reporting of tax crimes and their preparation and attempt. Furthermore, sections of the penal code were interpreted with a focus on parts that might pose a problem during interpretation. Such problems are for example the extent of a committed tax fraud, the recent extension of the crime in Section 227 of the penal code to include duties during tax governance or the examination of the connections that the penal code has to tax legislation. The following part compared the Czech legislation regarding tax crimes to those in Slovakia and in Austria. Then it focuses on the examination of current problems in the field of tax crimes, mainly the principle of ne bis in idem, the principle of nemo tenetur se ipsum accusare and the problem connected to...
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Protection of a victim of a criminal offence
Horňák, Lukáš ; Tejnská, Katarína (advisor) ; Pelc, Vladimír (referee)
This diploma thesis deals with the issue of protection of victims of crime. In the first chapter, by using the findings from the field of victimology, it describes victim as a phenomenon and also the process of victimisation while focusing on its causes and the negative impact it may have on victims. The author also summarizes the recent findings regarding the victims' needs. Lastly, some of the most common misconceptions about victims and their impact on the perception of victims are explained. The second chapter addresses the victim from the viewpoint of the law. Firstly, it examines the role which the EU plays in enhancing the standing of victims in the criminal procedure and also outside of it. Secondly, it examines the Act on victims of crime adopted in the Czech Republic. The Act on victims of crime and the particular rights of victims which are provided for in the Act are analysed in the second chapter with the use of the current findings in the field of victimology. The author also explains the main critiques of the Act such as the counter-productive wording of the right to receive information or a threat of corroding the criminal procedure as a whole. On the other hand, the benefits of the Act are also pointed out, such as reducing the threat of a secondary victimisation of victims, which...
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Terrorism and its criminal aspects
Kořínek, Štěpán ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
Resume The title of this rigorous thesis is Terrorism and its Criminal Aspects. The thesis is divided into four chapters, whereupon each chapter is telling about the phenomenon of terrorism in a different way. The first chapter focuses on the basis of terrorism and theoretical definitions of terrorism. It also contains historical views on universal theoretically doctrinal definitions of terrorism. It follows the components of the definitions of terrorism and its causes and consequences. This part also contains the classification of terrorism called typology. The second chapter will discuss the codification of terrorism in the field of criminal law in Czech Republic and Slovak Republic. There is an analysis of valid and efficient Czech and Slovak criminal codex, which contains a crime ,,teroristický útok'' and ,,terorizmus''. It also presents other criminal activities like cybercrime, economic crime, and violent crime. Especially cybercrime, also known as cyber criminality, entails a novum in criminal jurisprudence. Next part of this chapter is focused on selected instruments of criminal law to fight against terrorism like European arrest warrant, terrorist custody, European evidence order and others. Of course, it was unimaginable, hence impossible, to forget a sphere of international law and its relation...
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Insolvency crimes
Klein, Peter ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
Insolvency Crimes Abstract The submitted rigorous thesis elaborately discusses primary insolvency crimes, implying crimes closely connected with contractual obligations between the debtor and creditors, bankruptcy and its resolution in insolvency proceeding. Although, the new criminal codex passed by Act. No. 40/2009 Coll., Criminal Code, does not give the definition of the matter of bankruptcy, neither contains separate part related to insolvency crimes, theory and practice consider to be the primary insolvency crimes damage of the creditor, preferential treatment of the creditor, causing bankruptcy, breaching the obligation in the insolvency proceeding and plotting in the insolvency proceeding, contained in articles no. 222 up to no. 226 of the Criminal Code. The aim of the thesis is to offer a synthetic presentation, pleasant for the readers and offers the maximum knowledge of insolvency crimes and its relation to insolvency law, of its offender, as well as the requirements of criminal and non criminal responsibility for their committing in regard of the subsidiarity of criminal repression principle. All of this in assumption of understanding broader social scope included historical context of criminal and noncriminal legislation referred to protection of contractual obligations on the territory of the...
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Line-up
Janulková, Kateřina ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
This rigorous thesis analyzes line-up, which introduces a frequent procedural act and one of the basic criminological-tactical methods. The thesis considers line-up as a very important evidence from the perspective of Criminal Procedure Law and criminology. Line-up is also a very specific act because the process of rebuilding takes place in human brain and can not be controlled or verified in any way. All these characteristics increase the requirements for proper preparation and execution of line-up. The rigorous thesis also points out the fact that line-up is an important procedural act even in cases where identification is not achieved or the result of a line-up is not credible, as such result can be used for further investigative procedures. The aim of the thesis is to comprehensively and clearly analyze the issues of line-up and to analyze if the current law regulation corresponds with importance of this procedural act. Further, the aim of the thesis is to analyze the process of line-up and its correctness and effectiveness. Relating to these aims, the thesis points out especially significant problems, imperfections and confusion associated with line-up and focuses on possible ways of their elimination. The first part of the rigorous thesis focuses on general knowledge of line-up, types of...
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The evidence by witness and expert in Czech and French criminal procedure
Vlachová, Tereza ; Vokoun, Rudolf (advisor) ; Pelc, Vladimír (referee)
The evidence by witness and expert in Czech and French criminal procedure The subject of my thesis is a comparison of the status of a witness and an expert in a Czech and French criminal procedure. I have chosen this theme because I am interested in criminal law and I also pursue studying French law. During this activity I found an institute of assisted witness which is completely unique and unknown in a Czech legal environment, which has led me to a though of studying two for me the most interesting means of evidence used in a criminal procedure. This thesis is divided into eight parts, it starts with a brief introduction into evidence proceedings in Czech (the first part) and also in French legislation (the second part), in the third part I focus on the status of a witness in Czech legislation, the fourth part contains a French regulation and the fifth is a comparison of those two. I have chosen the exact same system so on, in the part six I deal with a Czech legal regulation of an institute of an expert in criminal procedure, seventh part deals with an expert in French criminal procedure and finally in eighth part there is again a comparison of those two. In the first and second part I offer a brief introduction, in which I outline what the evidence proceedings in a criminal procedure, what can serve as...
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The right of defense in criminal proceedings
Svobodová, Pavla ; Bohuslav, Lukáš (advisor) ; Pelc, Vladimír (referee)
The thesis deals with the right of defense in criminal proceedings in the Czech Republic. The thesis is divided into several chapters defining the legal rights of the defense at national and international level. The thesis deals with the historical development of the right of defense in the first chapter, defining certain differences of the former legal regulations up to the present. In the next part of the thesis, the institute of the right of defense is analyzed in terms of international and national legislation, including regulation at European Union level. The third chapter deals with the position of the accused, what the denomination carries in the various stages of the criminal proceedings, and what are his individual rights of defense, including material and formal defense. The third chapter follows the chapter analyzing the position of a lawyer in criminal proceedings. It focuses on its historical development, attorney's substitution, advocate's rights and duties, and individual ways of choosing a lawyer, including the necessary defense institute. The fifth chapter deals with a separate group of persons to whom statutory defense rights belong. Finally, the legal framework for the right of defense, including the de lege ferenda, is reviewed. The thesis also includes the case law of the...
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