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The position of the public prosecutor in the preparatory criminal proceeding
Tykalová, Štěpánka ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
1 The position of the public prosecutor in the preparatory criminal proceeding The submitted rigorous thesis contains an analysis of competencies of the public prosecutor within the execution of the supervision over maintaining the legality in the preparatory criminal proceeding in accordance with the current legislation specified in the Criminal Procedure Code. The preparatory criminal proceeding is the first, pre-trial, stage of criminal proceeding. The objective of this stage is to reinsure that the suspicion of the commitment of a crime by a certain person is sufficiently sustained and that the evidence proving the guilt of the accused person has been obtained in order to file an indictment or agreement on the guilt to court. The position of the public prosecutor in the preparatory criminal proceeding is crucial, because it is he, who bears the full responsibility for results of this criminal stage. Active performance on the supervision of the preparatory proceeding by the public prosecutor ensures that the police authorities act in accordance with the Criminal Procedure Code, follow the basic principles of criminal procedure and that the fundamental rights of suspects are protected in order to avoid excess of the police. The thesis consists of four parts. In the first part I describe the concept of the...
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The position and role of public prosecutor in the preparatory criminal proceedings
Doležal, Daniel ; Tejnská, Katarína (advisor) ; Pelc, Vladimír (referee)
The Diploma thesis on The Position and Role of Public Prosecutor in the Preparatory Criminal Proceedings aims to give a comprehensive view of the public prosecutor's activities in this pre-trial stage of criminal proceedings. The public prosecutor has a completely dominant and irreplaceable role in it, which is fully reflected in the performance of supervision over the observance of the legality of the preparatory criminal proceedings. The public prosecutor bears full responsibility for the proper conduct of the preparatory criminal proceedings and supervisory authorizations represent an essential instrument by which the public prosecutor may exert influence and at the same time regulate the course of the preparatory criminal proceedings. Therefore, such authorizations are a crucial part of this Diploma thesis. The Diploma thesis is divided into three basic chapters and tries to follow the systematics of the Criminal Procedure Code. The first chapter deals with the historical development of public prosecution in our territory and also with the constitutional anchoring and organization of the public prosecutor's office in the Czech legal order. The current issue discussed in this section is an amendment to the Act on Public Prosecutor's Office which is being prepared now. It also introduces the...
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The Role of Public Prosecutor in Criminal Proceedings
Petrů, Denisa ; Tejnská, Katarína (advisor) ; Heranová, Simona (referee)
This Diploma thesis deals with the role of Public Prosecutor in Criminal Proceedings. Public prosecutor is an irreplaceable entity of criminal proceedings where he is tasked with defending a public interest. The aim of the thesis is to provide an analysis of the status of the public prosecutor in criminal proceedings while the main part of the thesis focuses on the status of the public prosecutor in preparatory criminal proceedings - the third chapter gives an overview over the relationship between the public prosecutor and police authority and the fourth chapter outlines an usage of diversions in criminal proceedings. The thesis is composed of four chapters. The first chapter outlines the history of the institute of public prosecution focusing on the Czech territory because there is no doubt the historical development is significantly reflected in the current form of this institute. Chapter Two provides a general overview over Public Prosecutor's Office which is important for understanding the following parts of this diploma thesis. Firstly, questionable issue of the position of Public Prosecutor's Office according to the Constitution of the Czech Republic is explored, then a description of a structure of the Public Prosecutor's Office and its internal relations including an issue of supervision...
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Public Prosecutor in Preparatory Criminal Proceedings
Chejstovská, Nicole ; Pelc, Vladimír (referee)
1 Abstract The aim of this Diploma thesis is to analyse in the most comprehensive way the status, authority and operation of the Public Prosecutor in Preparatory Criminal Proceedings as well as related disputable issues. The investigation of all criminal offenses, the prosecution of persons who have committed them and the supervision over the compliance with the law in the pre-trial proceedings are the core competencies of the prosecutor throughout the criminal proceedings. A public prosecutor, also known as dominus litis or "master of preliminary criminal proceedings", is responsible for the results of the preparatory criminal proceedings, and it is he who puts forward the accusation to court or decides to terminate the prosecution in the preliminary criminal proceedings. The thesis is divided into five main parts which logically follow and are interconnected. The first part is dedicated to the history of the institute of public prosecution, whose current form has been shaped by years of evolution. In the second part, the reader is broadly acquainted with the Public Prosecutor's office. The main points of this part are the disputable constitutional delimitation, the transformation of the Public Prosecutor's office after the dissolution of Czechoslovakia, the current structure, its administration and...
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The Role of the Public Prosecutor in the Court Proceedings
Řehák, Pavel ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The Role of the Public Prosecutor in the Court Proceedings Abstract The purpose of this thesis is to comprehensively analyze issue of the public prosecutor and its role, especially in the court proceedings. The reason for my research is my personal interest regarding criminal law and problematics of the public prosecutors in general, as well as, in my opinion, the great importance of such topic, especially in the context of a long-term expert discussion on the considered conceptual changes of the relevant Czech legislation - the Criminal Procedure and the Public Prosecution Act. The thesis is composed of four major chapters, each of them dealing with different aspects of role of the public prosecutors. Chapter One is introductory and defines basic terminology used in the thesis and further the historical development and transformation of bodies of public action in two different legal systems - common law and civil law. Chapter Two provides an outline of Czech, French, English and Welsh, U.S. and international bodies of the public action, their placement in the system of national legal systems, organization and scope of activities. Also describes the issues regarding proposals to the new Czech Public Prosecution Act. Chapter Three examines relevant Czech legislation regarding public prosecutor and its role...
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The public prosecutor in a pre-trial proceedings
Hájek, Jaroslav ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The public prosecutor in a pre-trial criminal proceedings Abstract The Diploma thesis is concerned with the role of a Public Prosecutor in pre-trial criminal proceedings. The opening part of the thesis introduces the Public Prosecutor's office as a system of authorities of a state, which is established to defend a public interest in criminal proceedings. In this part of the Diploma thesis deals with the scope of authority of the Public Prosecutor's office, the framework of the Public Prosecutor's office and with the questionable issues of the position of the Public Prosecutor's office according to the Constitution of the Czech Republic and the independence of the Public Prosecutor's office. The opening part of the thesis also covers a brief definition of the term the pre-trial criminal proceedings since the core of the activity of the Public Prosecutor lies in this stage of criminal proceedings. The following parts of the thesis are dedicated to a detailed analysis of a role of a Public Prosecutor in pre-trial criminal proceedings based on the valid legislation of the Czech Republic. First, the author deals with general issues of the role of Public Prosecutor in pre-trial criminal proceedings. The Public Prosecutor performs a supervision in pre-trial criminal proceedins. The supervision in preparatory...
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Public Prosecutor in Preparatory Criminal Proceedings
Chejstovská, Nicole ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
1 Abstract The aim of this Diploma thesis is to analyse in the most comprehensive way the status, authority and operation of the Public Prosecutor in Preparatory Criminal Proceedings as well as related disputable issues. The investigation of all criminal offenses, the prosecution of persons who have committed them and the supervision over the compliance with the law in the pre-trial proceedings are the core competencies of the prosecutor throughout the criminal proceedings. A public prosecutor, also known as dominus litis or "master of preliminary criminal proceedings", is responsible for the results of the preparatory criminal proceedings, and it is he who puts forward the accusation to court or decides to terminate the prosecution in the preliminary criminal proceedings. The thesis is divided into five main parts which logically follow and are interconnected. The first part is dedicated to the history of the institute of public prosecution, whose current form has been shaped by years of evolution. In the second part, the reader is broadly acquainted with the Public Prosecutor's office. The main points of this part are the disputable constitutional delimitation, the transformation of the Public Prosecutor's office after the dissolution of Czechoslovakia, the current structure, its administration and...
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The role of public prosecutor in the preparatory criminal proceedings
Blagodárná, Ivana ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The role of public prosecutor in the preparatory criminal proceedings The thesis on The role of public prosecutor in the preparatory criminal proceedings attempts to comprehensively analyse the role and activities of the public prosecutor in the criminal proceedings. The public prosecutor is the significant subject and also the party in the criminal proceedings. His role in the criminal proceedings is irreplaceable and he is able to fundamentally affect the preparatory criminal proceedings through his activities. It depends on him whether the accused will be bring to court or the case will be already terminated in the preparatory criminal proceedings. The paper is dividend into four chapters. The first chapter outlines the historical development of the public accusation in the Czech lands from the the beginning until the present. As the thesis deals with the role of public prosecutor in the preparatory criminal proceedings, so the second chapter deals with the preparatory criminal proceedings and it describes its aim, kinds, periods and functions. The third chapter deals with the role and the competence of the public prosecution in the Czech legal system. There are defined basic principles and rules of the activities of the individual public prosecutors. The fourth chapter represent the very core of...
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Supervisory and controlling activities of the public prosecutor against a background of the historical developments since 1948 up to the present day
Rokoská, Ilona ; Kuba, Jaroslav (advisor) ; Bradáčová, Lenka (referee)
The thesis deals with the supervisory and controlling activities of the public prosecutor against a background of the historical developments since 1948 up to the present day in Czechoslovakia and its successor states. It focuses on the key changes that have taken place within the public prosecution institutions and depicts the specific forms these bodies have taken along the years. Subsequently it points out the most recent forms of the public prosecution authorities performing in the Czech and Slovak republics and compares them. The thesis marginally looks at the discussions accompanying the adoption of a new public prosecution law and it maps their course so far. While compiling the thesis, analytical, historical and comparative methods were being used, with the thesis relying prevailingly on books, legal regulations and technical papers as sources of information. Having processed all the background materials and having carried out a subsequent comparison within the framework of the historical developments since 1948 along with a comparison of the Czech and Slovak republics, I have eventually arrived at a conclusion that the notions of supervising and controlling are not interchangeable and that the goal of the thesis, which consisted in their delimitation and mutual differentiation in the first place, has been reached.
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Comparative analysis of the legislation concerning Czech and French "magistrature" and analysis of the relevant French legal terminology
TALÍŘOVÁ, Marta
The aim of my bachelor thesis is to describe the legal regulation of the professions of judge and public prosecutor in Czech Republic and in France and to compare them and find their common features and differences. The secondary aim is to analyze the applied French legal terminology. The thesis is divided into six major chapters which are further divided into sub-chapters. The first chapter inroduces the most important legal professions in the Czech Republic and in France and the second chapter presents the laws which regulate the positions of judges and public prosecutors in the two countries. The third chapter focuses on a detailed description of the legal regulation of the profession of judge in the Czech Republic and in France. The fourth chapter is dedicated to the description of the legal regulation of the profession of public prosecutor in both countries. The fifth chapter deals with a comparison between the two professions in both countries based on the information from the previous chapters. In the last chapter an analysis of the relevant French legal terminology is made and a French-Czech glossary compiled. The thesis is concluded with a summary in French language.
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