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Crime scene reconstruction
Suková, Kristýna ; Krupička, Jiří (advisor) ; Dvořák, Marek (referee)
Crime scene reconstruction Abstract The theme of this Diploma thesis is crime scene reconstruction (also known as crime reconstruction). The author if this thesis focused primarly on Czech law. Crime scene reconstruction is type of criminalistic reconstruction. It is a forensic science discipline based on reconstruction of events and situations that occured as crime was being commited. Crime scene reconstruction is mainly used for cases of severe crime activity such as rape or muder. It was reglemented to Czech Criminal Procedure Code as one of "Special Means of Evidence" in 2001 when the so called "the big novelization" of Criminal Procedure Code took place. The other special means of evidence reglemented alongside with reconstruction were confrontation, recognition, investigation attempt and on site examination. The main aim of this diploma thesis is to thouroughly describe crime recontruction as one of the means of evidence. Leading method used in this project is the descriptive method followed by the comparative method. Finally analysis is also used in attempt to bring some new perspectives on the theme. Secondary aim of this diploma thesis is to compare reconstruction with other chosen Means of Evidence reglemented in the Criminal Procedure Code. Lastly next supporting aim is an attemt on analysis of...
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Criminal law regulation of public procurement
Mikula, Tomáš ; Tejnská, Katarína (referee)
1 CRIMINAL LAW REGULATION OF PUBLIC PROCUREMENT ABSTRACT The Objective of this rigorous work is primarily to present the basic features of criminal activities related to public procurement, to analyse the offences that are either directly related to the award of public contracts or to which the Commission may The context of public procurement and, last but not least, the analysis of certain specific means of proof in the case of such offences. The Rigorous work is thematically divided into seven chapters and possibly other subchapters. The Subject of the first chapter (Generally for public procurement) is an analysis of the issue of public procurement, the definition of the concept of public procurement, the outline of the basic principles of procurement, the definition of the concept of contracting authority and Supplier and not least an analysis of the types of procurement procedures and their comparison in the framework of the former Public Procurement Act and the current Public Procurement Act. The Subject of the second chapter (Generally for criminal regulation of public procurement) is to outline the criminal law basis for the following chapters; Therefore, the introduction of offences directly related to the award of public contracts, offences which may arise in connection with the award of public...
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Selected issues of proving in criminal proceedings
Polanský, Ivo ; Jelínek, Jiří (advisor) ; Galovcová, Ingrid (referee)
1 Abstract This thesis deals in particular with the analysis of the process of presentation of evidence in penal proceedings, its basic principles, as well as the constitutional limitations within which the evidence-making process should be carried out. However, some other questions, especially legal and philosophical ones that are directly related to the presentation of evidence in the penal or legal proceedings cannot be ignored. The chosen topic can undoubtedly be considered to be very topical. This is because the presentation of evidence in penal proceedings is, besides the decision-making process itself, the most important procedural activity carried out by the bodies responsible for penal proceedings and participated by other entities involved in the penal proceedings. The aim of this thesis is to give a brief and comprehensive overview of some specifically selected problems of presentation of evidence in penal proceedings. Naturally, with regard to the chosen topic and its scope, it is not possible to comprehensively process all the areas that are related to the issue of presentation of evidence. Chapter 5, 6 and 7 can be considered crucial to the thesis in question, as they provide, in particular, the analysis of existing evidence-making legislation in penal proceedings. The basic principles of...
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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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The Crime Scene Reconstruction
Hesová, Veronika ; Krupička, Jiří (advisor) ; Šelleng, Dalibor (referee)
The Crime Scene Reconstruction Abstract This diploma thesis deals with the issue of crime scene reconstruction both from the point of view of criminal law and from the point of view of criminological science and practice. With the help of reconstruction as a means of evidence, which is classified in the Criminal Procedure Code as a special means of proof, the authorities involved in criminal proceedings try to find out the facts of the case, about which there is no reasonable doubt. Through reconstruction as a method of criminalistic practice, the factual circumstances under which the investigated crime was committed are restored. The main goal of this thesis is a detailed analysis of the crime scene reconstruction from a criminal and forensic point of view, and the result of this analysis is a chapter devoted to considerations de lege ferenda. The secondary goal of the diploma thesis is to compare the crime scene reconstruction with selected investigative acts with the help of a comparative method. The diploma thesis is divided into three parts. The first part deals with the comparison of the crime scene reconstruction with investigative acts, with which there are very frequent interchanges in criminal practice. Part of the first part is also an approximation of the legal regulation of reconstruction in...
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Criminal law regulation of public procurement
Mikula, Tomáš ; Púry, František (referee)
CRIMINAL LAW REGULATION OF PUBLIC PROCUREMENT ABSTRACT The Objective of this rigorous work is primarily to present the basic features of criminal activities related to public procurement, to analyse the offences that are either directly related to the award of public contracts or to which the Commission may The context of public procurement and, last but not least, the analysis of certain specific means of proof in the case of such offences. The Rigorous work is thematically divided into five chapters and possibly other subchapters. The Subject of the first chapter (Generally for public procurement) is an analysis of the issue of public procurement, the definition of the concept of public procurement, the outline of the basic principles of procurement, the definition of the concept of contracting authority and Supplier and not least an analysis of the types of procurement procedures and their comparison in the framework of the former Public Procurement Act and the current Public Procurement Act. The Subject of the second chapter (Generally for criminal regulation of public procurement) is to outline the criminal law basis for the following chapters; Therefore, the introduction of offences directly related to the award of public contracts, offences which may arise in connection with the award of public...
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Criminalistic Reconstruction
Reindl, Jan ; Krupička, Jiří (advisor) ; Konrád, Zdeněk (referee)
This thesis deals with criminalistic recontruction which is understood within criminal law as evidence, whereas criminology considers it as a criminalistic - tactical method. At the beginnig, this thesis follows up on the concept of recontruction, its main importance, its historical point of view and its conception within the other criminalistic methods. A very important part of the thesis is in the second chapter, where the types of criminalistic reconstruction are described. It is explained that the reconstruction of the crime as a specific method of criminalistic practice falls into the type of reconstruction of criminalistic significant negotiations and events. The main part of the thesis contains a detailed description of the reconstruction itself, especially its preparation, stages, procedural principles, tactical principles, methodological procedures, protocol, evaluation and documentation. Also, the case law of our courts when dealing with this issue, which often has a great impact on the possible development of this act is not forgotten. Particularly the most important findings of the Constitutional Court and decisions as well as resolutions of the High court are included. Furthermore, the comparative method is used and the legislation of the reconstruction in our Criminal Code Procedure is...
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Selected issues of proving in criminal proceedings
Polanský, Ivo ; Jelínek, Jiří (advisor) ; Galovcová, Ingrid (referee)
1 Abstract This thesis deals in particular with the analysis of the process of presentation of evidence in penal proceedings, its basic principles, as well as the constitutional limitations within which the evidence-making process should be carried out. However, some other questions, especially legal and philosophical ones that are directly related to the presentation of evidence in the penal or legal proceedings cannot be ignored. The chosen topic can undoubtedly be considered to be very topical. This is because the presentation of evidence in penal proceedings is, besides the decision-making process itself, the most important procedural activity carried out by the bodies responsible for penal proceedings and participated by other entities involved in the penal proceedings. The aim of this thesis is to give a brief and comprehensive overview of some specifically selected problems of presentation of evidence in penal proceedings. Naturally, with regard to the chosen topic and its scope, it is not possible to comprehensively process all the areas that are related to the issue of presentation of evidence. Chapter 5, 6 and 7 can be considered crucial to the thesis in question, as they provide, in particular, the analysis of existing evidence-making legislation in penal proceedings. The basic principles of...
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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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