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Criminal procedure in front of a single judge
Hassmannová, Valentýna ; Říha, Jiří (advisor) ; Bohuslav, Lukáš (referee)
1 Proceedings before a single judge Abstract The topic of this diploma thesis is criminal proceedings before a single judge and its purpose is to provide a comprehensive interpretation of the legal regulation related to this special type of proceedings, outline problematic questions, answer them and to present own considerations related to possible future legal regulation. The author of this thesis has also focused on the institutes related to proceedings before a single judge, namely the criminal order and the lay element in criminal proceedings. The thesis draws mainly from the literature, commented legal regulations, case law of the courts and professional articles. The thesis is based on the methods of description, analysis and comparison. In the first chapter of the thesis, the author describes the historical development of the proceedings before a single judge and the judicial organization. The historical excursion begins in 1848, when some basic principles of criminal procedure were established, which are still applied today, and therefore meant the beginning of modern criminal procedure. The chapter gradually discusses the most important legal regulation of the time, up to the period of the socialist state, when the legislation of proceedings before a single judge into the Czech legal system was...
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Criminal procedure in front of a single judge
Herš, Michal ; Říha, Jiří (advisor) ; Šelleng, Dalibor (referee)
PROCEEDINGS BEFORE A SINGLE JUDGE Abstract The topic of this diploma thesis is criminal proceedings before a single judge. Due to the relatively broad subject matter, the author of this diploma thesis has focused largely on the history of the development of criminal justice as such and in a later stage of development directly on the proceedings before a single judge in criminal proceedings and the institution of the criminal order. The description of the historical development begins in the second half of the 19th century, where, according to the author, the first beginnings of the European reformed criminal procedure were planted, from which the criminal procedural law is based until today. In the part of this diploma thesis devoted to the historical development of the proceedings before a single judge, the comparison of the earlier and current legal regulation of this institution and the analysis of the subsequent development up to the present day is the key. The historical analysis is followed by the second main part of this diploma thesis, which is devoted to the special regulation of proceedings before a single judge. A significant part of this chapter is devoted to the conditions under which it is possible to hold proceedings before a single judge and under which conditions it is excluded. The...
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Criminal Order
Novák, Petr ; Jelínek, Jiří (advisor) ; Nett, Alexander (referee) ; Bruna, Eduard (referee)
1 Criminal Order Abstract The topic of this thesis is a criminal order as an institute of criminal procedural law and at the same time as a kind of decision in criminal proceedings. The first part of the thesis states a detailed description of the recent legal regulation of a criminal order, a systematic classification of a criminal order in the Criminal Procedure Code, the relationship between a criminal order and other provisions of Chapter Twenty of the Criminal Procedure Code is analyzed. The first part also describes positive and negative conditions for issuing a criminal order, describes the punishments that can be imposed by a criminal order, the execution of a criminal order, the delivery of a criminal order, the substantive and procedural effects of serving a criminal order. Subsequently, a protest against a criminal order is described as a remedy sui generis and the effects of a filed protest. The first part also describes the legal force and enforceability of a criminal order and a main trial holding after filing a protest by a person entitled within the deadline. Subsequently, attention is paid to the procedural position of the injured party in proceedings for issuing a criminal order, issuing a criminal order in proceedings against legal persons and the legal regulation of a criminal order in...
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Criminal Warrant
Soukupová, Martina ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
This thesis with the title criminal order deals mainly with the analysis of the current legal regulation of criminal order, focusing mainly on its more contradictory parts. At the same time, proposals for changes to the individual points of contention, that the legislation could undergo in the future in order to clarify them, are presented. In addition to the introduction and conclusion, this thesis contains a total of five chapters, which are further divided into individual subchapters. Each chapters then deals with a comprehensive section of the legal regulation of criminal order. The first chapter is dedicated to the historical development of the criminal order on our territory, while its first subchapter is dedicated to the legislation from 1873 to 1993, when the criminal order was re-introduced in the Criminal Procedure Code, already significantly reminding its current form. The second subchapter captures the development of the criminal order from 1993 to the present. The second, and at the same time the most extensive, chapter of this thesis describes the current legislation, specifically in the first subchapter the conditions of issuing a criminal order and in the second subchapter the nature of the criminal order as a diversion and decision in criminal proceedings. The third subchapter...
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Criminal order
Fišara, Michal ; Krupička, Jiří (advisor) ; Heranová, Simona (referee)
The submitted diploma thesis is dedicated to criminal order and its main objective is to provide coherent summary of the issue with a focus on recent legal regulation. It addresses arguable elements of legal regulation and suggests possible solutions for the future in individual chapters. The diploma thesis is divided into six chapters. The first one contains Introduction and the sixth one Conclusion of the thesis. The second chapter deals with historical development of the criminal order and is divided into three subchapters. The first subchapter summarizes the legal regulation of the criminal order between 1873 and 1950. The second subchapter covers the return of the criminal order to the Czechoslovak legal order in 1973 and the third one follows changes of the legal regulation in the 1990s. The core of the diploma thesis is found in the fourth chapter which includes the effective legal regulation of the criminal order and incorporates the relevant case law of Czech courts. After a brief opening summary of the legal regulation the attention is paid to three main conditions for delivery of criminal order, punishments to be imposed by criminal order, situations in which criminal order cannot be delivered, the content of criminal order, its nature, legal force and delivery and its associated...
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