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Agreement Upon Guilt and Punishment as a Tool for Safeguarding Rights of the Accused
Podliska, Vojtěch ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The vast majority of all criminal cases is dealt by so-called diversions of criminal proceedings as the alternative way of dealing with criminal cases. The diploma thesis deals with an agreement on guilt and punishment, which can be considered as this type of special criminal proceedings. Although plea bargaining (agreement on guilt and punishment) is quite a new topic to the Czech legal system, it is often discussed among scholars. In the thesis, I will describe plea bargaining concerning its impact on the rights of the accused. The thesis is divided into 10 chapters, including an introduction and a conclusion. In the beginning (chapters 1 and 2), I will focus on the description of diversions of criminal proceedings as well as plea bargaining. In the chapter 3, I will describe the legal regulation of plea bargaining under the Czech Code of Criminal Procedure. Then, I will focus on the specific areas of plea bargaining having the greatest impact on the rights of the accused, especially the role of the court of law in plea bargaining, its application within the framework of cases with multiple accused and securing of free will of the accused in entering into plea agreement (chapters 4-9). The final part contains legislative proposals de lege ferenda and conclusion (chapters 9 and 10). The outcome of...
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Agreement on guilt and punishment
Koblasová, Jana ; Bohuslav, Lukáš (referee)
Agreement on guilt and punishment Abstract The subject of the work is the institute of an agreement on guilt and punishment as a special way of handling criminal cases. The essence of an agreement on guilt and punishment is an agreement between the public prosecutor and the accused, in which the accused confesses to committing the act for which he is being prosecuted, in exchange for imposing a lesser punishment than that which would threaten him in standard criminal proceedings. It is a form of diversion in criminal proceedings, which is intended to speed up and simplify criminal proceedings. The agreement on guilt and punishment is enshrined in the Czech legal system for a relatively short period of time. It was introduced in 2012. As the guilt and punishment agreement did not materialize in practice in the following years, certain changes had to be made. These occurred in 2020 when, for example, an agreement on guilt and punishment was made possible for particularly serious crimes. The work is structured into six chapters. The first chapter deals with the question of whether it is possible to classify the agreement on guilt and punishment among the diversions in criminal proceedings. To answer this question, it was necessary to clarify the very concept of diversion. The work also briefly deals with the...
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Expert evidence
Šváb, Martin ; Richter, Martin (advisor) ; Bohuslav, Lukáš (referee)
Expert evidence Abstract This thesis deals with the use of expert opinion as evidence in criminal proceedings, the conditions for its admissibility and possible defects of such expert opinions. Expert opinions play a significant role in criminal proceedings and are often irreplaceable evidence in the process of proof. Despite their irreplaceability, however, they do not carry any greater weight or probative force among other evidence and must therefore, like other evidence, be assessed in accordance with the principle of the free evaluation of evidence. The thesis deals with the basic institutes of the law of evidence, expert activities, the status and conditions of activities of individual subjects of expert activities and expert opinions, the process of their preparation and their taking. It describes the process of preparation and the individual parts of an expert opinion according to the new legal regulation implemented by Act No. 254/2019 Coll., on Experts, Expert Offices and Expert Institutes (Act on Experts) and the related implementing decrees. The thesis describes the basic requirements that an expert opinion must meet in order to be admissible evidence in criminal proceedings, and at the same time describes what defects in expert opinions are recognized by theory and practice using case law...
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Criminal procedure in front of a single judge
Hassmannová, Valentýna ; Říha, Jiří (advisor) ; Bohuslav, Lukáš (referee)
1 Proceedings before a single judge Abstract The topic of this diploma thesis is criminal proceedings before a single judge and its purpose is to provide a comprehensive interpretation of the legal regulation related to this special type of proceedings, outline problematic questions, answer them and to present own considerations related to possible future legal regulation. The author of this thesis has also focused on the institutes related to proceedings before a single judge, namely the criminal order and the lay element in criminal proceedings. The thesis draws mainly from the literature, commented legal regulations, case law of the courts and professional articles. The thesis is based on the methods of description, analysis and comparison. In the first chapter of the thesis, the author describes the historical development of the proceedings before a single judge and the judicial organization. The historical excursion begins in 1848, when some basic principles of criminal procedure were established, which are still applied today, and therefore meant the beginning of modern criminal procedure. The chapter gradually discusses the most important legal regulation of the time, up to the period of the socialist state, when the legislation of proceedings before a single judge into the Czech legal system was...
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Criminal Proceedings against Legal Entities
Andree, Jean ; Pelc, Vladimír (advisor) ; Vokoun, Rudolf (referee)
Criminal proceedings against legal entities Abstract Criminal lability of legal entities and criminal proceedings against them are still relatively new concepts to the Czech law and their interpretation and application causes numerous issues. Questions and debates are caused both by the wording of the Act No. 418/2011 Coll., on Criminal Liability of Legal Entities and Proceedings Against Them, as well as the extent and manner of application of the general legislation, i.e., in the procedural matters the Act No. 141/1961 Coll., on the Criminal Proceedings (the Code of Criminal Procedure). The aim of this thesis is to analyze legislature regarding the procedural part of criminal proceedings against legal entities lex lata, assess the rationality and quality of solutions adapted, point out some of the interpretation issues and eventually propose possible solutions lex ferenda. The thesis is divided into two main parts - general part and specifics of criminal proceedings against legal entities (special part). In the first part, the author introduces basic legal and jurisprudential frame regarding the problematics of legal entities, criminal proceedings, and criminal proceedings against legal entities. In the second part, which is the merit of this work, he then focuses on specific institutes and procedures...
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Plea bargain
Bicek, Rudolf ; Jelínek, Jiří (advisor) ; Bohuslav, Lukáš (referee) ; Fryšták, Marek (referee)
The topic of this dissertation is the originally Anglo-Saxon criminal process concept of plea bargaining, which has become a phenomenon within a number of civil law countries in recent decades. This alternative method of resolving criminal cases consists simply in the pos- sibility of an agreement being reached between the prosecutor and the accused, provided that the accused, under certain conditions, admits to having committed the offence and agrees with the proposed punishment. A look at the foreign as well as domestic legal literature reveals that plea bargaining is controversial to say the least. Proponents argue that it accelerates and simplifies criminal pro- ceedings, while opponents point to its flagrant inconsistency with the fundamental principles of continental criminal proceedings. The author of this dissertation examines agreements in criminal proceedings in gen- eral, focusing on their origin, historical development and various forms around the world. A special part of this dissertation is devoted to plea bargaining regulations in all 27 European countries where the concept has been introduced, including the Czech Republic, where it was introduced by Amendment to the Criminal Procedure Code No. 193/2012 Coll., effective from 1 September 2012. In addition, plea bargaining is described...
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Criminal procedure in front of a single judge
Herš, Michal ; Říha, Jiří (advisor) ; Šelleng, Dalibor (referee)
PROCEEDINGS BEFORE A SINGLE JUDGE Abstract The topic of this diploma thesis is criminal proceedings before a single judge. Due to the relatively broad subject matter, the author of this diploma thesis has focused largely on the history of the development of criminal justice as such and in a later stage of development directly on the proceedings before a single judge in criminal proceedings and the institution of the criminal order. The description of the historical development begins in the second half of the 19th century, where, according to the author, the first beginnings of the European reformed criminal procedure were planted, from which the criminal procedural law is based until today. In the part of this diploma thesis devoted to the historical development of the proceedings before a single judge, the comparison of the earlier and current legal regulation of this institution and the analysis of the subsequent development up to the present day is the key. The historical analysis is followed by the second main part of this diploma thesis, which is devoted to the special regulation of proceedings before a single judge. A significant part of this chapter is devoted to the conditions under which it is possible to hold proceedings before a single judge and under which conditions it is excluded. The...
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Criminal Trial
Hradečný, Aleš ; Šámal, Pavel (advisor) ; Říha, Jiří (referee)
CRIMINAL TRIAL ABSTRACT This diploma thesis deals with the criminal trial, which is the most important stage of criminal procedure, because it fulfills the purpose of criminal procedure, which is the proper detection of crimes and fair punishment of their perpetrators. The thesis focuses on the individual phases of the criminal trial, as well as the basic principles that determine the form of the Czech criminal trial, and in the trial, they mostly find their best use. At the same time, attention is paid to current issues related to the criminal trial, as well as to new institutes that change its traditional form to some extent, such as the plea bargain, the declaration of guilt or the institute of indisputable facts. In connection with the planned recodification of the Code of Criminal Procedure, the current regulation contained in the drafts of the new Code of Criminal Procedure is also being evaluated. The work is divided into four chapters, the first of which deals with the application of the basic principles of criminal procedure during the criminal trial. All the basic principles that determine the form of the criminal trial are briefly discussed, as well as the relations between them and possible conflicts. After that, the first chapter deals with the new institutes in the Code of Criminal Procedure...
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Psychological profiling of an offender
Münzová, Kristýna ; Čírtková, Ludmila (advisor) ; Štourač, Petr (referee)
Criminal profiling Abstract The purpose of my thesis is to analyse criminal profiling, one of the disciplines of forensic psychology used by law enforcement authorities in their effort to capture offender of a crime. The reason for my research is my interest in the criminal law in general, mainly in the psychological aspects of work of law enforcement authorities with individual offenders. The thesis is composed of three chapters, each of them dealing with different aspects of criminal profiling. Chapter One is introductory and defines basic terminology of criminal profiling and the essence of criminal profiling in general. The chapter is subdivided into five parts, which deals with the term of criminal profiling, its development, particular delicts suitable for profiling, the manner of creating a profile and its efficiency in the criminal proceedings in Czech Republic. Chapter Two examines the best known approaches to criminal profiling, its methods and typology. The chapter consists of five parts. Part One focuses on the different approaches to criminal profiling. Part Two investigates the deductive and inductive methods of criminal profiling. Part Three addresses the issue of the best known computer databases used in criminal profiling, ViCLAS and VICAP. Part Four focuses on geographic profiling, a...
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The issue of the concept of criminal custody
Votočková, Lucie ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
THE ISSUE OF THE CONCEPT OF CRIMINAL CUSTODY This diploma thesis deals with a criminal custody. This is an important part of a criminal process where there is a restriction of personal freedom based on a need to ensure people for acts of a prosecution. It is a complex issue which requires proper and sensitive legislation and as well as appropriate use in a practice. First part of this diploma thesis focuses on the term of custody. It explains the definition and an essential features. In the subchapters, principles which drive custody are specified. Differences between custody and judgment are explained. Second part of the diploma thesis concerns about question of personal freedom and custody in connection with international and constitutional law. First subchapter deals with the Charter of Fundamental Rights and Basic Freedoms which sets basic conditions for limitation of personal freedom and for detention. Next subchapter compares two important international documents: European Convention of Human Rights and International Covenant on Civil and Political Rights. These two documents have a big influence on enactment of custody in Czech Republic. Third part contents substantive enactment of custody. The conditions for arrest are presented. Farther the reasons for custody and also strengthened reasons...
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