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The Position of the Police Authority in Pre-Trial Criminal Proceedings
Jaňovka, Jan ; Musil, Jan (advisor) ; Hořák, Jaromír (referee)
Abstract, key words The Position of the Police Authority in Pre-Trial Criminal Proceedings One of the aims of the presented work was to find out what is the position of the police authority in the Czech criminal preparatory proceedings. I was also concerned with its relationship to other authorities and in particular to the public prosecutor's office. In the initial historical excursus I briefly dealt with the legal regulation in the field of criminal proceedings in the period from 1918 to the present. In the next chapter I described the types and legal regulation of the various police authorities, including the resolution of jurisdictional disputes between them. I then examined, by looking at the structure of the tasks performed by police authorities, the actual position of the police authority in contemporary criminal proceedings. I examined its procedure at the various stages of the pre-trial proceedings and what its relations are with other public prosecutor and the court. In the third part I described the position and organisation in the Federal Republic of Germany. I have described the tasks of the police in criminal proceedings. This showed that criminal proceedings in Germany are considerably faster and less formal. As far as Czech criminal proceedings are concerned, the public prosecutor has...
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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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Applying formal defense in the pre-trial phase of criminal proceedings
Štěpánek, Martin ; Vokoun, Rudolf (advisor) ; Mulák, Jiří (referee)
Applying formal defense in the pre-trial phase of criminal proceedings Abstract This rigorous thesis deals with the application of the formal defense in the pre-trial phase of prosecution. The thesis circumscribes the defense in the terms of the defense lawyer in the investigation phase, i.e. after the initiation of the prosecution, while the focus is apart from other things on the important and unneglectable instruments of the defense, particularly on the petition against the resolution of prosecution initiation, the inspection of the court file, also on the participation of the defense lawyer on the investigation, the evidence procurement by the defense lawyer, the study of the court file and the suggestion for completion of the investigation, and the suggestion for the preliminary discussion of the defense. The thesis also shows the peculiarities of the defense during the prosecution of the defendant in detention, while the emphasis in put on the defendant in detention defense execution itself with the focus on the personal visits in the detention center and the matter of demanding release from the detention and utilizing the measures substituting detention. The focus is also on the address of the defense lawyer, or more precisely on their professional limits in relation to the ethical prescriptions and...
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The prosecuting attorney and the police in pre-trial proceedings
Borovička, Lukáš ; Jelínek, Jiří (advisor) ; Herczeg, Jiří (referee)
The topic of this thesis is "The prosecuting attorney and the police in pre-trial proceedings". It has purpose to inform interested persons about legal regulations of pre-trial proceedings, purpose, function and methods of prosecuting attorney and the police. After short introduction subsequent chapter one deals with term "the police" including legal regulations of this term in Code of criminal procedure and common commentary. Characterization and explanation of term "the prosecuting attorney" in chapter two also delas with legal regulations of his function and role in pre-trial proceedings as well as with general characterization. Following chapter shortly explains some selected basic fundamentals or principles of criminal law and especially those principles used mainly in pre-trial proceedings. The term "pre-trial proceeding" is explained in chapter five including all of phases and forms of pre-trial proceedings. The core of the thesis is situated into chapter six, which deals with the present legal regulation of preliminary criminal procedure, especially role of the police and prosecuting attorney. In chapter seven there is a brief explanation of shortened preparatory criminal proceedings. In ending chapter I tried to give a summary and I also mentioned some problems of application of current...
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Verification in Pre-trial Proceedings
Bradáč, Martin ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Verification in Pre-trial Proceedings Abstract: This diploma thesis deals with verification as one of the stages of the pre-trial phase of criminal procedings. The purpose of this thesis is to emphasize the most important institutes operating during verification as well as to expose current issues connected with The Criminal procedure Code, where the author share his experience with this stage of criminal proceedings. The first part of the diploma thesis deals with verification itself - its definition, demarcation of the verification within the criminal proceedings, specification of authorities acting in the verification and defining of the fundamental principles. A brief historical overview of the topic is attached as well. Subsequent principal part of the thesis includes a description of the most significant institutes excercised within the verification. Primarily the institutes related to an evidentiary procedure were stressed, especially institutes raising applicaton difficulties in practise. The author communicates his critisizing view on the topic supported by the appropriate arguments. The attention is paid also to the decisions made during the verification and also to the supervision of the authorities involved in the criminal proceedings. The aim of the thesis was to find out whether the current...
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Urgent and non-repeatable actions
Jandurová, Kateřina ; Tejnská, Katarína (advisor) ; Šelleng, Dalibor (referee)
Urgent and non-repeatable actions Abstract The graduation thesis focuses on the ambivalent institute of urgent and non-repeatable actions, which combines two contradictory requirements. On the one hand, a balance needs to be struck between the demand to protect the state, society and the legitimate interests of individuals and legal entities and to ensure a fair trial for the person against whom criminal proceedings are being conducted, on the other. The purpose of the urgent and non-repeatable actions is to enable the authorities involved in criminal proceedings to secure perishable evidence, even at the cost of infringing the rights of the defense. However, this distortion should be compensated to the defense by providing increased protection and furthermore, urgent and non-repeatable actions should be performed only when the legal conditions are fulfilled. The main goal of the thesis is a comprehensive analysis of urgent and non-repeatable actions in the sense of the Code of Criminal Procedure and higlihgting controversial issues and problems that arise in practice. The graduation thesis is composed of four chapters, each of them dealing with different aspect of urgent and non-repeatable actions. Chapter 1 is subdivided into two parts. Part 1 describes the historical development of urgent and...
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The position of defence counsel in Pre-trial Proceedings
Sýkorová, Nikola ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The right of deffencee is one of the most important fundamental rights of a person against whom the criminal proceedings is brought. The role of defence counsel in preliminary procedure is essential. He has to be an advocate only and a member of Bar Association, consequently a person with a juristic education and qualified to this job. Defence counsel must defend a laws of accused by all the tolerable ways and work on his behalf. In my work I direct my attention towards the legal status of counsel under current Czech legal regulation, issues of the compulsory defence, legal position of chosen and court-appointed counsel, designation of the counsel by the Bar Association, rights and duties of counsel. Also I direct my attention towards preliminary procedure and on various aspects of defender's participation in preliminary procedure and his tasks in it.
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The role of police in pre-trial proceedings
Konečný, Martin ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
The aims of the thesis is to present an analysis of a group of entities legally referred to as "the Police authorities" at preparatory criminal proceedings and to define the material and local competency of such authorities, also in the context of the contemplated or, as the case may be, already implemented regulation thereof. The purpose of the thesis is to describe specialised departments or sections participating in criminal proceedings in the role of the Police authorities. These efforts are, however, in some cases obstructed by the fact that the needed information is subject to confidentiality according to special law, so it is no available at all or it is only possible to rely on general publicly accessible sources. The thesis also contains a passage focused on the fundamental national legislation in terms of tasks of the Police authorities at criminal proceedings, including a chapter analysing basic procedures applied in terms of international law. The last part of the thesis concentrates on crucial moments of preparatory proceedings, how it is instituted, closed, and on the so-called pre-trial stage. The procedural tasks of the Police authorities at these stages were practically demonstrated on specific samples followed by the Police of the Czech Republic, on the application of which the...
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Efficiency of criminal procedure and adjustment of pre-trial proceedings
Marková, Ljuba ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
v anglickém jazyce Efficiency of criminal procedure and adjustment of pre-trial proceedings The purpose of my thesis is to analyse relationship between basic principles of criminal procedure and the purpose of criminal procedure. The reason for my analysis is fact that basic principles are ground of criminal proceedings. They influence all institutes of criminal procedure law and the way how they are applied. The thesis is composed of five chapters. Chapter One is introductory and defines basic terminology used in the thesis: criminal procedure, purpose of criminal proceedings, pre - trial proceedings and other section of criminal proceedings. The chapter is subdivided into four parts. Part One describes term of criminal procedure and it's purpose and explains relationship between criminal proceedings and human rights. Part Two deals with history of criminal procedure codes in the Czech lands. Part Three deals with relevant Czech legislation connected with criminal proceedings and Part Four explains term of sections of criminal procedure and briefly describes individual sections. Chapter Two focuses on basic principles of criminal proceedings. The Chapter consists of sixteen parts. Part One focuses on term and importance of basic principles of criminal proceedings. The rest of the Chapter concerns...
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The prosecuting attorney and the police in pre-trial proceedings
Borovička, Lukáš ; Jelínek, Jiří (advisor) ; Herczeg, Jiří (referee)
The topic of this thesis is "The prosecuting attorney and the police in pre-trial proceedings". It has purpose to inform interested persons about legal regulations of pre-trial proceedings, purpose, function and methods of prosecuting attorney and the police. After short introduction subsequent chapter one deals with term "the police" including legal regulations of this term in Code of criminal procedure and common commentary. Characterization and explanation of term "the prosecuting attorney" in chapter two also delas with legal regulations of his function and role in pre-trial proceedings as well as with general characterization. Following chapter shortly explains some selected basic fundamentals or principles of criminal law and especially those principles used mainly in pre-trial proceedings. The term "pre-trial proceeding" is explained in chapter five including all of phases and forms of pre-trial proceedings. The core of the thesis is situated into chapter six, which deals with the present legal regulation of preliminary criminal procedure, especially role of the police and prosecuting attorney. In chapter seven there is a brief explanation of shortened preparatory criminal proceedings. In ending chapter I tried to give a summary and I also mentioned some problems of application of current...
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