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National Repository of Grey Literature 2 records found  Search took 0.01 seconds. 
Means of Substitution of Custody
 Horsák, Tomáš ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
This thesis deals with the topic of means of substitution of custody. These means are milder than a custody itself which out of all the securing institutes of criminal procedural law can interfere with the rights of the individual in a most severe way. Custody must always be duly substantiated and applied only when necessary. Even if the custody of the accused is fully justified by legal facts, it is still necessary, in accordance with the exceptional nature of this institute, to examine whether it cannot be replaced by more lenient measures that can fulfil its purpose and at the same time are less restrictive in terms of basic human rights. The aim of my work is to examine such means of substitution of custody. The work is divided into four chapters. In the first chapter I characterize the institute of custody, its purpose and the reasons for which the accused can be taken into custody. This is the basis for other parts of this thesis, as the substitution of custody is linked to the custody itself inextricably. In the second chapter I follow the gradual development of substitution of custody. With the gradual increase in the level of basic human rights and freedoms, means of substitution of custody have been added accordingly. The chapter contains these developments from 1918 to present. The historical...
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Means of Substitution of Custody
 Gantnerová, Anna ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
91 Abstract - Means of substitution of custody The topic of this thesis are the means of substitution of custody. The institute of custody is a very actual topic that is developing dynamically and is still controversial. Thanks to both domestic and international courts, the standard of protection of basic human rights keeps increasing and custody is therefore considered an extreme securing measure that can only be used in case there are no usable milder means. The aim of this thesis is to introduce these means of substitution of custody, stating their issues in theory and in praxis, their critical evaluation and suggestions de lege ferenda. The first chapter of this thesis focuses on general characteristics of custody and conditions of its use. The first chapter is a crucial part of the thesis as the means of substitution of custody directly relate to the institute of custody itself. The second chapter of this thesis focuses on the development of individual means of substitution of custody. It is a rather brief overview of the most significant amendments to legislation. In the author's opinion though, to correctly understand the current legislation concerning means of substitution of custody, it is necessary to be aware of the historical context of the establishment and use of these means. The third and...
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