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The Issue of Pre-trial Detention in Criminal Procedure
Spourová, Dominika ; Tlapák Navrátilová, Jana (advisor) ; Mulák, Jiří (referee)
The Issue of Pre-trial Detention in Criminal Procedure This thesis deals with the topic of pre-trial Detention. The main focus is on the analysis of the interference with the rights to personal freedom of a person. This procedural institution restricts the freedom of a person who has not yet been found guilty; therefore, when implementing it, the principle of ultima ratio must be carefully observed. However, this fundamental requirement is not always respected, which is why this thesis seeks to provide a perspective on the issue of detention not only in terms of legal regulation but also in terms of application practice. The work is divided into eight chapters. Taking into account the long tradition of the link in the territory of the present Czech Republic, the first chapter summarizes the historical development essential for putting the whole issue into context. The most important part of this chapter is devoted to the period from 1950 to the present. The second chapter describes the general features of pre-trial detention, especially conditions and principles under which can be pre-trial detention applied, focusing on the principle of the presumption of innocence and the limits of the restriction of personal liberty. In order for an accused to be lawfully detained, the material conditions of...
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