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The Issue of Pre-trial Detention in Criminal Procedure
Gabryšová, Jana ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
The Issue of the Instrument of Criminal Custody Abstract The concept of criminal custody and the problems associated with it represent a relevant and important topic resonating in legal theory and application practice. On the one hand, custody is considered to be one of the most effective ways to ensure the successful course and purpose of criminal proceedings, since its essence lies in restricting the personal freedom of a person whose guilt and punishment have not yet been decided on the basis of conditions defined by law, but on the other hand, the question arises more and more frequently whether this traditional criminal procedural instrument can still stand up to the growing guarantees of fundamental human rights and freedoms established by both national and international law. The aim of this thesis is to identify the problems related to the instrument of criminal custody, to find out what they entail and to try to find solutions to them by means of existing or own de lege ferenda proposals. Four chapters focusing on the problems of pre-trial detention serve this purpose. The first chapter of the present thesis defines the concept of criminal custody, its purpose and also the limits to the restriction of personal liberty by custody resulting from the most important national and international human...
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The issue of concept of criminal custody
Bělecký, Jan ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
59 8 Abstract - The issue of concept of criminal custody My diploma thesis deals with the criminal custody. It is an indispensable part of criminal process where personal freedom comes in a conflict with the effectivity of prosecution. Accused people are taken into custody before there is a decision on the matter and therefor the application of presumption of innocence is limited. Even though custody is not a punishment it can have very severe impacts on the accused person coming close to the impact of an actual punishment. The first part of the diploma thesis deals with the historical course beginning in the pre-hussite era until the present day. Second part obtains a brief explanation of what the term criminal custody means. The third part contains detailed characterization of the criminal custody reasons, strengthened criminal custody reasons and surrogate measures as well. The fourth part concerns about the rules of who is authorized to decide if an accused person is taken into criminal custody, the maximum length of the criminal custody, revisions of criminal custody legitimacy and decisions about further criminal custody duration. The diploma thesis should be able to describe the basic rules concerning the criminal custody.
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The issue of the concept of criminal custody
Kudláček, Michael ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
- The issue of the concept of criminal custody Man's personal freedom is the basic human right, however at the same time it is possible to restrict it in a democratic society under certain conditions defined beforehand. This thesis deals with the most serious personal freedom trial restriction - the institute of custody. Custody consists in a temporary personal freedom restriction of the defendant in a closed facility based upon a court decision. Custody is an utmost means and it shall be used only if its purpose cannot be reached by other measures. Custody is not a means of pressure on the defendant and it is unacceptable to misuse it; it si not a sanction measure either. Custody law is arranged particularly in the Penal Procedure Code, which sets the basic principles and conditions under which the defendant can be limited on their personal freedom with this procedure means. The basic suppositions for taking the defendant into custody are a reasonable concern that they will escape or hide, further that they will thwart clarifying facts crucial for the criminal prosecution, and finally that they will repeat their criminal activity. These three reasons for custody are also indicated as getaway, collusion and surpass custodies. This personal freedom restriction may last only for a certain time,...
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The Issue of the Concept of Criminal Custody
Šimek, Václav ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
- The Issue of the Concept of Criminal Custody This diploma thesis deals with the instrument of criminal custody as a security instrument. This instrument is considered as quite controversial in view of the fact that it's usage means the conflict between the interest of the investigating authority to accomplish the purpose of prosecution and person's right to personal freedom guaranteed by the Charter of fundamental rights and freedoms while the accused has to be treated as innocent according to the principle of presumption of innocence. The goal of this diploma thesis is to provide a comprehensive overview of the current legislation of the instrument of custody and also of the problems connected with custody. The thesis is divided into seven chapters including the introduction and the ending chapter. The second chapter deals with the development of the custody legislation in history and major part of the chapter is focused on the Act's of criminal procedure from years 1873, 1950 and 1961. The third and the fourth chapter pay attention to the current legislation which is included in the Act of criminal procedure no. 141/1961 Coll. The third chapter extensively describes the meaning of the term of custody, custody reasons and the alternative instruments which the custody may be substituted with. The...
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Criminal custody as an ultima ratio instrument
Nekolová, Petra ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
Criminal custody as an ultima ratio instrument This thesis deals with a criminal custody which is considered as the most serious instrument within criminal procedural security measures which should be used by law enforcement authorities only in the most extreme cases when all of the legal conditions are strictly fulfilled. One of the purposes of this thesis is to explicate, through personal freedom and presumption of innocence both guaranteed by the Czech Constitution and both significantly affected by custody, the importance of using this instrument only in situations without any other solution when is impossible to reach the purpose of criminal proceedings by using some of the more lenient measures, it means to use the custody just as an ultima ratio instrument. A crucial part of this thesis pays attention to the individual legal conditions of current effective legislation that should ensure observance of this principle also in practice. In the mentioned part the procedure of the authorities deciding on custody is analysed in detail that authorities firstly must resolve the question if the prosecution of a specific person is justified and if a certain specific degree of suspicion is achieved proving that this one perpetrated an offence. After that is necessary to investigate the existence of...
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Ensuring the participation of persons in criminal proceedings
Šmahelová, Michala ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
Ensuring the participation of persons in criminal proceedings The thesis provides a comprehensive account of the individual institutions of criminal procedure through which authorities involved in criminal proceedings ensure the participation of persons whose presence is essential for successfully conducting criminal proceedings. After a brief introduction, the first, most detailed chapter discusses all the procedural steps used to ensure the participation of the principal subject of criminal proceedings, namely the accused. In accordance with the basic principles of criminal procedure, particularly the principles of proportionality, restraint and subsidiarity, the discussion first focuses on less severe precautionary measures, that is summons, presentation, disciplinary fine and prohibition on foreign travel. The main part of the chapter is devoted to precautionary measures that place limitations on fundamental rights and freedoms, namely the personal liberty of the accused. These are detention, arrest and custody. The section on custody summarizes the legal conditions of custody and discusses in more detail the individual grounds of custody, the legal provisions regarding the decision process on custody and the examination of the existence of custody grounds. The pertinent case law is duly taken...
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The issue of the concept of criminal custody
Šperlíková, Petra ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
1 Abstract The issues of criminal custody This thesis deals with theoritical issues of criminal custody, which is the gravest possible criminal procedural measure of law enforcement authorities whose purpose is to ensure a person during criminal proceedings. In the opening chapters of this thesis are outlined not only the issues of the very concept of criminal custody and relevant legislation, but also the basic principles and tenets, controlling criminal cases in which the defendant was remanded in custody, as well as the enshrinement of the right to personal freedom and security and the possibility of its limitations, both at the level of the Czech legal regulation of constitutional character, as well as from the perspective of international human rights standards. The thesis is also focused on the issue of the substantive detention law, therefore the legislation of the reasons for custody and conditions of detention, as well as the issue of the procedural detention law, therefore the legislation of procedural aspects of decisions on custody in criminal proceedings in the wider concept. Another discussed subject matter is a part of alternative measures to detention in the form of custody, the possibilities of their application and the methods of making decesion on these measures, including the legislation...
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The issue of concept of criminal custody
Bělecký, Jan ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
59 8 Abstract - The issue of concept of criminal custody My diploma thesis deals with the criminal custody. It is an indispensable part of criminal process where personal freedom comes in a conflict with the effectivity of prosecution. Accused people are taken into custody before there is a decision on the matter and therefor the application of presumption of innocence is limited. Even though custody is not a punishment it can have very severe impacts on the accused person coming close to the impact of an actual punishment. The first part of the diploma thesis deals with the historical course beginning in the pre-hussite era until the present day. Second part obtains a brief explanation of what the term criminal custody means. The third part contains detailed characterization of the criminal custody reasons, strengthened criminal custody reasons and surrogate measures as well. The fourth part concerns about the rules of who is authorized to decide if an accused person is taken into criminal custody, the maximum length of the criminal custody, revisions of criminal custody legitimacy and decisions about further criminal custody duration. The diploma thesis should be able to describe the basic rules concerning the criminal custody.
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The issue of the concept of criminal custody
Jiroušková, Pavla ; Bohuslav, Lukáš (advisor) ; Gřivna, Tomáš (referee)
The issue of the concept of criminal custody The diploma thesis covers the issue of the custody what is recently very relevant and also interesting. Being placed in custody restricts the right of freedom what is one of the fundamental human rights and freedoms. Accused people are suspected of committing a criminal offence but until proven otherwise they must be treated as innocent. There is a conflict of interests of the law enforcement bodies who want to secure the criminal proceedings to reach their object and of the accused person who is innocent and his right of freedom is guaranteed by the Constitutional Law and international treaties. It is essential to ensure the protection of the right of freedom as much as possible. The restrictions are accepted only when necessary. Legislation should offer another solutions what can be used instead of criminal custody and would be less stringent. My diploma thesis is divided into six chapters. First chapter deals with the history of the criminal custody. The biggest changes of criminal custody are captured in historical course beginning in the interwar period until the present day. In the second part of the diploma thesis there is a short explanation what does the term criminal custody means. It also includes the principles what are binding for law...
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The issue of the concept of criminal custody
Špryňar, Michal ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
1 Abstract: The issue of the concept of criminal custody The subject matter of this diploma thesis is "The issue of the concept of criminal custody". Custody being an institute of the procedure criminal law is a very problematic securing instrument that limits rights of a convicted person. Custody is often the subject of disputes which is reflected on the case decisions of the Constitutional Court of the Czech Republic and on the decisions of international courts. The diploma thesis is divided in five chapters. Starting with a short introduction into the issues of custody, in the first chapter we describe its historical development in the Czech Republic and we concentrate mainly on statutory and amendatory acts after year 1989. The second chapter discusses the term and idea of custody, its purpose, main features and custody principles. The third chapter focuses on substantive enactment of custody, specifically on conditions for custody and their definitions. This chapter also includes examples of judicature of the Supreme Court of the Czech Republic. Custody substitutions are also treated in this chapter as well this chapter include the new preliminary precautions. The forth chapter discusses formal legal custody right and explains the way the substantive custody rights, explained in the previous chapter,...
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