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Home search and search of other premises and locations
Paráčková, Monika ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
This doctoral thesis concerns itself with the search of one's home or search of other premises and locations by law enforcement. The objective is to provide an assessment of the current legal framework for such searches, both in terms of whether personal rights are being sufficiently protected and in terms of whether the framework is well-suited for practical application. Given the nature of home searches and searches of other premises and locations, i.e., more specifically, given how the performance of such searches may infringe upon personality rights, this thesis takes a rather detailed look at the proportionality between the interference with such rights, on the one hand, and the importance of conducting the home search for the respective criminal procedure, on the other. For this reason, an entire chapter is dedicated to the concepts of privacy protection, the inviolability of the home, and the right to be secure in one's home. The thesis analyzes in detail the legal framework for home searches and the search of other premises and locations under current Czech law, but also provides an overview of the historical legal development in our country, touching upon the various pieces of legislation which governed this criminal-law instrument in the past. Naturally, the thesis also devotes space to...
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Residential inspection and inspection of another area and land as allowable intervention into the constitutionally guaranteed rights and freedoms
Děček, Milan ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The subjects of this rigorous thesis are two crucial institutes of criminal proceedings, namely search warrant and other areas search, acts of criminal proceedings bodies that legally limit the inviolability of the home and privacy. The author aims to analyse chosen inviolability of the home and privacy interferences and their constitutional conformity, legal regulation and practice of the courts regarding given institutes. The author analyses, apart from mentioned institutes of criminal law, also selected provisions of the Czech legal order, upon which the inviolability of the home interference arises. Besides search warranty and other areas search and plots can the the inviolability of the home and privacy interferences be seen in other countless cases, especially in the field of administrative law.
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House search and search of other premises pursuant to § 85b of the Code of criminal procedure
Šefrna, Jakub ; Jelínek, Jiří (advisor) ; Krupička, Jiří (referee)
1 Abstract This thesis deals with the issue of house search and search of other premises where the attorney carries out advocacy, regulated in § 85b of Act No. 141/1961 Coll., Criminal Proceedings. The said institute, which is used by law enforcement authorities, has proved more problematic in recent years than before. This is mainly because the public prosecutors are increasingly abusing this institute to obtain valuable information held by the attorney at the place where he carries out advocacy. A similar problem then arises with the judges who decide whether the required documents found at the attorney's place where he carries out advocacy will be obtained by the public prosecutor or the police body for examining, because they themselves are not entirely sure how to proceed in such a case and how to decide in accordance with the law. This often results in many disputes, aggrieved attorneys, but especially aggrieved clients who lose documents handed over in good faith to the attorney for defence purposes. Ultimately, the representative of the state interferes with the confidential attorney-client relationship and the fundamental right of defence as one of the basic human rights and pillars of a democratic society and the rule of law. By doing so, the state, instead of protecting the attorney's clients,...
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Residential inspection and inspection of another area and land as allowable intervention into the constitutionally guaranteed rights and freedoms
Děček, Milan ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The subjects of this rigorous thesis are two crucial institutes of criminal proceedings, namely search warrant and other areas search, acts of criminal proceedings bodies that legally limit the inviolability of the home and privacy. The author aims to analyse chosen inviolability of the home and privacy interferences and their constitutional conformity, legal regulation and practice of the courts regarding given institutes. The author analyses, apart from mentioned institutes of criminal law, also selected provisions of the Czech legal order, upon which the inviolability of the home interference arises. Besides search warranty and other areas search and plots can the the inviolability of the home and privacy interferences be seen in other countless cases, especially in the field of administrative law.
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