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The principle of material truth in criminal proceedings
Vicher, Pavel ; Mulák, Jiří (advisor) ; Heranová, Simona (referee)
1 The principle of material truth in criminal proceedings Abstract The diploma thesis deals with the principle of material truth in criminal proceedings, which is reflection of the principle of factual findings in the criminal proceedings. The aim of the work is to determine whether the principle of material truth is still leading principle of criminal proceedings (i.e. the purpose of criminal procedure). To this end, the work analyses the rules of evidence, while also points out elements that weaken the principle of material truth. The diploma thesis is divided into six chapters. The first chapter is dedicated to legal principles. Firstly, is briefly considered the substance of principles in law and specificularity of their application. The remainder of the chapter is dealt with basic principles of criminal proceedings in general with emphasis on their functions in criminal proceedings. At the start the second chapter defines three principles of factual findings, namely principle of material, objective and formal truth. What follows is short history of Czech legislation. This chapter primarily deals with the principle of material truth and its current conception in the Czech Criminal Code in essential connection with other principles of criminal proceedings. The third chapter deals with regulation of...
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Complaint against a violation of law in criminal matters
Visinger, Radek ; Jelínek, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee) ; Sváček, Jan (referee)
The aim of the present dissertation is to provide the fullest possible legal analysis of the complaint against a violation of law, including its historical and international context, and to endeavour to reflect critically on its current application in practice. In the author's approach, the review of criminal cases on the basis of the files prior to a possible application of this legal remedy is an indispensable object of study. Among other things, the work thoroughly analyzes the applicable grounds for the complaint against a violation of law, its purpose and role in the whole system of extraordinary remedies, and it describes the course as well as the specifics of the Supreme Court proceedings. Standard and optional methods of interpretation are complemented by an empirical examination of the sample of 80 complaints submitted to the Supreme Court, which is aimed at identifying and classifying the alleged flaws and the extent to which there might be an overlap with extraordinary appeal (dovolání). The chosen topic appears to be very timely with regard to the ongoing preparatory legislative work on the new Criminal Procedure Code. The descriptive passages are accompanied by the author's opinions on selected decisions of the Supreme Court and the deficiencies of the current legislation. Taken...
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Basic principles of criminal proceedings and the right to a fair trial
Mulák, Jiří ; Jelínek, Jiří (advisor) ; Ivor, Jaroslav (referee) ; Gřivna, Tomáš (referee)
1 Basic principles of criminal proceedings and the right to a fair trial Abstract This dissertation deals with the basic principles of criminal proceedings from the point of view of the right to a fair trial. The basic principles of criminal proceedings are certain legal principles, the leading legal ideas underlying the criminal proceedings. They are a manifestation of a legal, political and legal philosophical approach to criminal proceedings. As a result, the basis on which the organization of criminal proceedings and the regulation of the activities of its bodies are built. They express the legislator's opinion on the most efficient organization of the criminal process. The meaning of the basic principles is mainly concentrated in their functions. The text of the thesis is divided into three major chapters, which are further divided into sub-capitals and sections. The second chapter is devoted to the conceptual definition of both the democratic state law and its attributes, the legal principle, and two basic models - the continental system and the adversary system. Then follows a chapter that deals in detail with the concept, meaning, functions and system of the fundamental principles of criminal proceedings. It also deals with exceptions to the basic principles, the classification, the nature of the...
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Basic principles of criminal proceedings and the right to a fair trial
Mulák, Jiří ; Jelínek, Jiří (advisor) ; Ivor, Jaroslav (referee) ; Gřivna, Tomáš (referee)
1 Basic principles of criminal proceedings and the right to a fair trial Abstract This dissertation deals with the basic principles of criminal proceedings from the point of view of the right to a fair trial. The basic principles of criminal proceedings are certain legal principles, the leading legal ideas underlying the criminal proceedings. They are a manifestation of a legal, political and legal philosophical approach to criminal proceedings. As a result, the basis on which the organization of criminal proceedings and the regulation of the activities of its bodies are built. They express the legislator's opinion on the most efficient organization of the criminal process. The meaning of the basic principles is mainly concentrated in their functions. The text of the thesis is divided into three major chapters, which are further divided into sub-capitals and sections. The second chapter is devoted to the conceptual definition of both the democratic state law and its attributes, the legal principle, and two basic models - the continental system and the adversary system. Then follows a chapter that deals in detail with the concept, meaning, functions and system of the fundamental principles of criminal proceedings. It also deals with exceptions to the basic principles, the classification, the nature of the...
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Complaint against a violation of law in criminal matters
Visinger, Radek ; Jelínek, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee) ; Sváček, Jan (referee)
The aim of the present dissertation is to provide the fullest possible legal analysis of the complaint against a violation of law, including its historical and international context, and to endeavour to reflect critically on its current application in practice. In the author's approach, the review of criminal cases on the basis of the files prior to a possible application of this legal remedy is an indispensable object of study. Among other things, the work thoroughly analyzes the applicable grounds for the complaint against a violation of law, its purpose and role in the whole system of extraordinary remedies, and it describes the course as well as the specifics of the Supreme Court proceedings. Standard and optional methods of interpretation are complemented by an empirical examination of the sample of 80 complaints submitted to the Supreme Court, which is aimed at identifying and classifying the alleged flaws and the extent to which there might be an overlap with extraordinary appeal (dovolání). The chosen topic appears to be very timely with regard to the ongoing preparatory legislative work on the new Criminal Procedure Code. The descriptive passages are accompanied by the author's opinions on selected decisions of the Supreme Court and the deficiencies of the current legislation. Taken...
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