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Limits of Legal Obligation of Attorney's Confidentiality in Criminal Proceedings
Svoboda, Petr ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
1 Limits of Legal Obligation of Attorney`s Confidentiality in Criminal Proceedings Abstract The legal obligation of attorney's confidentiality imposed by the law is currently not only mentioned in professional discussions. However, the increased attention paid to this institute does not support it. There is a growing belief that it is being misused for the benefit of an attorney or for concealing criminal and other delict activity, resulting in increased pressure from the state to violate confidentiality obligations. This manifests itself in systematic or individual attempts to break it, or it leads to refusal of protection of the confidential relationship between an attorney and his client, which is a prerequisite for providing legal assistance. The thesis describes in detail the meaning and purpose of the institute of attorney's duty of confidentiality and its position in the legal order. Its attention is focused especially on the area of the criminal law in which it is most threatened and therefore the application and protection of this institute in criminal proceedings is analyzed in detail. In order that the meaning of the above-mentioned provisions of the Code of Criminal Procedure can be concisely clarified, this is done in the thesis primarily from the practical point of view. For this purpose, the...
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The lawyer and the client - mutual rights and obligations
Výprachtická, Šárka ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The thesis is focused on the internal relationship between the lawyer and the client. Although this topic was already processed many times, I believe that, in particular, in the context of the current case law and the amendment of certain provisions, this work may contribute to the better understanding of this topic. The thesis is systematically divided into six chapters. In the first chapter, there is outlined the nature of this relationship and stressed out the importance of mutual trust. To further break down the individual rights and obligations in detail, it is necessary to outline the formation of the relationship between solicitor and client first. It is important to note that the specific obligations imposed on lawyer legislation even before the formation of the legal relationship. Under the conditions described in the first chapter, the lawyer has a duty to refuse to provide legal services to the client, which can be considered as the pre-contractual obligation. Attorney has an obligation, although there is still no relationship between them. Considering the entire work, the second and third chapters are the most important ones. In the second chapter I push the reciprocal rights and obligations in the context of their legal arrangements, both legal and underpinned, and the professional and...
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