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Limits of interference with constitutionally guaranteed rights and freedoms in criminal proceedings
Doležalová, Dominika ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Limits of interference with constitutionally guaranteed rights and freedoms in criminal proceedings Abstract The presented thesis deals with one of the key issues of criminal procedural law, namely the limits of interference with constitutionally guaranteed rights and freedoms in criminal proceedings. The regulations of criminal proceedings in the Czech Republic, a democratic state governed by the rule of law, must, while preserving the tools for effectively combating crime, contain such guarantees of a fair trial that the full protection of the rights and freedoms of the persons being prosecuted is ensured. In view of the increasing standard of protection of fundamental rights and freedoms on the one hand and the increasing sophistication of criminals as a result of globalisation and the rapid development of modern technology on the other, this creates an extremely difficult task for the legislator. This thesis presents a detailed analysis of the issue. Recent developments in the Czech jurisprudence made apparent certain gaps in the legislation of criminal proceedings, specifically in the area of "evidence" and in the related area of interception. For this reason, the first out of the five chapters of the thesis discusses the establishment of the practice of fair trial in the Czech Republic, which puts an...
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Admissibility of evidence in criminal proceedings
Pazourková, Klára ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
Admissibility of evidence in criminal proceedings Abstract The thesis deals with the procedural applicability of evidence in criminal proceedings from the perspective of defects caused by violations of procedural rules of evidence. The aim of the thesis is to summarize the applicable legislation with a focus on procedural acts of law enforcement authorities in criminal proceedings and to analyse the defects that may arise in the process of evidence. Can any substantial error in the acquisition or execution of evidence prevent its use in court proceedings? How do Czech courts view violations of procedural rules on evidence, or defects in the process? The author tries to find answers to these questions by analysing the institutes and principles related to the field of evidence and by analysing the decisions of the Constitutional Court and the Supreme Court. The work is divided into six parts - four chapters, introduction and conclusion. The first chapter is devoted to evidence on the theoretical level. It defines important concepts related to evidence and characterizes the means of evidence listed in the Criminal Procedure Code. Last but not least, it also contains the basic principles governing evidence, also with regard to international regulation. The second chapter deals with theoretical approaches to the...
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The admissibility of evidence in the Czech criminal proceedings
Zaoralová, Petra ; Jelínek, Jiří (advisor) ; Záhora, Jozef (referee) ; Říha, Jiří (referee)
This PhD thesis focuses on the admissibility of evidence in criminal proceedings. Appropriate setting of limits of admissibility of illegally obtained evidence in the criminal proceedings is not only regarded as one of the main guaranties of fair justice system, but also represents topical and vital issue which raises number of legal dilemmas. The importance of the topic has been increasing recently as gathering of evidence in criminal proceedings often conflicts with the fundamental rights of individuals that are subject to severe limitation on constitutional and especially international level and that are broadly endangered during the process of collecting evidence. The core of the thesis lies in the in-depth analysis of current legislation, jurisprudence and case law dealing with the issue. Within the framework of that analysis, all of the important and disputed questions relating to the general aspects of admissibility of evidence are examined from the perspective of jurisprudence and case law; the knowledge is enriched with real practical impacts on domestic judicial practice. Special attention is paid to the issues related to the exclusion of illegally obtained evidence from the process of evaluating evidence and forming final decision on the case. The thesis does not overlook the problems...
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Admissibility of evidence in criminal proceedings
Nejdl, Oldřich ; Gřivna, Tomáš (advisor) ; Vokoun, Rudolf (referee)
The Admissibility of Evidence in Criminal Proceedings Abstract This thesis dedicated to the issue of legality and admissibility of evidence in the comparison of criminal proceedings in the Czech Republic, the Federal Republic of Germany and the United States of America, and in the case law of the European Court of Human Rights. In this field, the public interest in effective crime suppression conflicts with other legally protected values, in particular the rights and freedoms of an individual. The solution of this collision is attempted not only by legislation itself, but mainly by the decision-making practice of courts in specific cases. Following the introductory explanation of theoretival background, the thesis focuses on specific areas in which questions related to the legality and procedural applicability of evidence regularly arise. Firstly, attention is drawn to the limits in which law enforcement authorities may use coercion or threats of coercion against an individual to provide evidence clarifying the facts of the case, the consequences that can be inferred from refusing such co-operation, and the effects of unlawful coercion on further use of such evidence. The next section deals with the material and formal presumptions of the admissibility of interference with the privacy of an individual,...
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Urgent and unrepeatable acts in pre-trial proceedings
Cuperová, Katarína ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
1 Abstract Urgent and unrepeatable acts are an integral part of criminal proceedings and it would be difficult for law enforcement authorities to detect perpetrators of criminal offenses without them. Despite their characteristic of denying fundamental human rights, their implementation is in some cases essential for finding the material truth. This contradiction between the state's effort to maintain security on the one hand and the individual's right to a fair trial on the other poses a risk of possible misconduct for the entire criminal proceedings. The aim of this work was to point out that their implementation has a significant impact on the overall outcome of criminal proceedings considering their changing probative value, or even their absolute ineffectiveness. The individual acts were gradually incorporated into the Criminal Procedure Code from the most general legal boundaries to their present form. However, even today, it cannot be said with certainty that their legal regulation corresponds to the current needs. An analysis of the case law of individual urgent and / or unrepeatable acts shows that their completion by courts is necessary. From the available analysis, the following factors were found to affect the probative value: (i) insufficient reasoning of urgency or non-repeatability, but also...
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Urgent and Unrepeatable Acts
Zákravská, Jana ; Heranová, Simona (advisor) ; Pelc, Vladimír (referee)
Thesis title: Urgent and unrepeatable acts Abstract Urgent and unrepeatable acts are procedural acts of criminal proceedings that have two opposite aspects. On the one hand, there is an interest in combating crime, and an urgent or unrepeatable act can help law enforcement authorities to obtain evidence that might not be possible to prove at later stages of the criminal proceedings (whether after the prosecution or the proceedings before court), if the law enforcement authorities did not intervene without undue delay. On the other hand, the urgent and unrepeatable acts could be a significant interference with the rights of the defense, especially in cases where they are carried out before the prosecution begins. This is why there are special provision on the requirements for urgent or unrepeatable acts in the Criminal Procedure Code. The aim of the thesis was to analyze selected questions within the topic of urgent and unrepeatable acts, which are currently discussed mainly due to their insufficient legal regulation, and to propose de lege ferenda solution, if possible. These sub-themes included: (i) the requirements of the urgent and unrepeatable acts, in particular with regards to the misconduct of law enforcement authorities in meeting the requirement of proper justification of the urgency and...
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The admissibility of evidence in the Czech criminal proceedings
Zaoralová, Petra ; Jelínek, Jiří (advisor) ; Záhora, Jozef (referee) ; Říha, Jiří (referee)
This PhD thesis focuses on the admissibility of evidence in criminal proceedings. Appropriate setting of limits of admissibility of illegally obtained evidence in the criminal proceedings is not only regarded as one of the main guaranties of fair justice system, but also represents topical and vital issue which raises number of legal dilemmas. The importance of the topic has been increasing recently as gathering of evidence in criminal proceedings often conflicts with the fundamental rights of individuals that are subject to severe limitation on constitutional and especially international level and that are broadly endangered during the process of collecting evidence. The core of the thesis lies in the in-depth analysis of current legislation, jurisprudence and case law dealing with the issue. Within the framework of that analysis, all of the important and disputed questions relating to the general aspects of admissibility of evidence are examined from the perspective of jurisprudence and case law; the knowledge is enriched with real practical impacts on domestic judicial practice. Special attention is paid to the issues related to the exclusion of illegally obtained evidence from the process of evaluating evidence and forming final decision on the case. The thesis does not overlook the problems...
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