|
|
Verification Procedure in Preliminary Proceeding
Linhart, David ; Heranová, Simona (advisor) ; Šelleng, Dalibor (referee)
Verification Procedure in Preliminary Proceedings Abstract This diploma thesis covers the verification procedure, that is the first of the two phases of the stage of criminal proceedings referred to as preliminary proceedings. The goal of the thesis is to provide a comprehensive explanation of the verification procedure, its course, as well as the selected entities involved in it. In the relevant passages related to the selected institutes of the verification procedure, the author defines the rules resulting from other legal regulations, judicial conclusions or conclusions of the professional public beyond the scope of the legal regulation contained in the Criminal Procedure Code. In this context, the author identifies, in relation to the selected institutes, the partial shortcomings of the current legislation, which are being compared with the legislation contained in the current draft of the new Criminal Procedure Code, which is the unfinished result of the efforts to recodify criminal procedural law. The first part of this thesis presents an introduction to the topic and discusses the issue of criminal proceedings, its purpose, and its division into individual stages. Within the individual stages of criminal proceedings, the stage of preliminary proceedings, its internal division, and its forms are...
|
|
|
Verification Procedure in Preliminary Proceeding
Čičatková, Simona ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
This thesis deals with the verification procedure, which is the first part of the preliminary proceeding and thus part of criminal proceedings. The introductory part of the thesis briefly covers basic instruments of the preliminary proceeding including the investigation phase whose knowledge is key to realize the position and importance of the verification procedure in the overall structure of the criminal proceedings. Bodies that are involved in the criminal proceedings are discussed including their definition, organization and determination of their competence in the verification procedure. The core of the thesis is divided into several parts that deal with the analysis of the verification procedure as well as activities that precede the formal beginning of the criminal proceedings. The ways are discussed by which bodies become aware of offences as well as the first steps of the police authority in the unofficial phase that precedes the criminal proceedings. The core part of the thesis also looks at the prosecutor's and especially police authority's powers that are typical of this phase and whose records are not directly admissible as evidence before court. On the other hand, exceptional cases are also discussed where the evidence must be executed in this phase with specific focus on the...
|
guest ::
