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National Repository of Grey Literature 2 records found  Search took 0.00 seconds. 
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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Settlement in criminal proceedings
 Neužil, Zdeněk ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
This diploma thesis addresses issues of the institute of settlement in. The institute of settlement is one of the diversions in criminal proceedings. Diversions (divergences) in criminal proceedings are construed as special types of criminal proceedings, alternative to standard hearing of a case in main trial, within which the criminal case can be settled. The institute of settlement was incorporated into the Czech Criminal Procedure Code by the amendment n. 152/1995 Sb., that became effective on 1st September 1995. The essence of the institute of settlement is a conclusion of an agreement between the accused person and the damaged person. Such agreement is then approved and the criminal prosecution against the accused person is therefore terminated. It is thus achieved the settlement and elimination of the confrontation which was caused as a result of the committed crime between the accused person and the damaged person concerned. Title: Settlement in criminal proceedings Key words: Settlement; settlement of the confrontation between the accused person and the damaged person; approval of the settlement; diversion in criminal proceedings; Code of criminal procedure; restorative justice
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