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Criminal Trial
Bartoš, Marek ; Šámal, Pavel (advisor) ; Vokoun, Rudolf (referee)
1 CRIMINAL TRIAL Abstract The subject of this thesis is the criminal trial as the most important stage of the criminal proceedings. In this stage, the facts are established on the basis of evidence according to the precise provisions of the Czech Criminal Procedure Code and subsequently, the guilt or innocence of the defendant is determined. Aim of this thesis is to describe the criminal trial, from the definition of the basic principles on which it is based, through its preparation, taking of evidence, to the court's decision at the end. The emphasis is on theoretical interpretation of the key institutes and also to the problems encountered in practice. The thesis is supported with relevant case law, proceedings in juvenile and corporate cases, and also with de lege ferenda proposals that are either already part of the draft of the new Criminal Procedure Code or should be part of it. The thesis consists of a total five chapters, an introduction and a conclusion. The first chapter deals in detail with the application of the basic principles of criminal procedure in the criminal trial and also discusses the debated expression and placement of these principles in the new Criminal Procedure Code. One of the subchapters discusses in detail the institution of plea bargaining in terms of the principles. The...
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Defence in the criminal trial by the defence counsel Abstract
Hejda, Vít ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Defence in the criminal trial by the defence counsel Abstract The topic of the submitted thesis is the defence by the defence counsel, with a special emphasis on the defence during the trial. The criminal trial, as its title suggests, plays a pivotal role in the criminal proceedings and the defence counsel has a crucial influence on its course. It is at the criminal trial, that the greatest degree of evidence is taken, and where the defence has the widest range of rights and opportunities to influence the course of the criminal trial. In the exercise of these rights of the defence, the defence counsel plays an absolutely indispensable role and consequently has a significant influence on the decision on guilt and punishment. The aim of this thesis is to analyse the legal provisions concerning both the right to defence and the defence in the criminal trial and to provide a comprehensive overview of all the rights the defence possesses and the most appropriate and efficient ways for defence counsel to exercise them during the trial. The present thesis thus aims to evaluate the current legal framework and, on this basis, to make proposals for possible future amendments. This thesis also continuously reflects on the changes that the criminal law has undergone through the amendments, in the context of both case...
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Appeals in criminal proceedings
Dvořáková, Radka ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Appeals in criminal proceedings Abstract This diploma thesis deals with appeals in criminal proceedings. The aim was mainly to analyse the current legislation on appeals and the problematic areas of this institute from the perspective of experts in the field of criminal law, where the thesis offers their different views on fundamental issues related to appeals. These questions concern in particular the functioning of this institute in practice, its effectiveness, economy and efficiency, as well as the evaluation of the principles on which the appeal is based with de lege ferenda considerations. For better orientation of this criminal institute the thesis first maps the development of appeals in criminal proceedings during the second half of the 20th century and the 21st century, when three criminal codes and fundamental amendments gradually came into force, in which the regulation of appeals sometimes changed fundamentally to the current form. In order to get acquainted with the essence of the functioning of this institute of work, it also presents the basic principles and principles that are applied in appeal proceedings. The thesis also introduces the reader to the current legislation of the appeal, when it deals with its nature, characteristics and basic properties, discusses the subject, content and...
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Confession and its impact on the criminal proceedings
Říhová, Eliška ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
1 Confession and its impact on the criminal proceedings Abstract The aim of this thesis is to provide a comprehensive view of the issue of confession, to characterize this legal concept and describe its importance in matters of substantive and procedural criminal law. For this purpose, the author synthesized the available legal, doctrinal, judicial and other relevant information with her own opinions and considerations de lege ferenda. The content of the thesis is divided into six chapters. The first chapter contains a historical introduction covering the development of confession from the 14th century to the political trials of the 1970s. The second chapter characterizes confession in terms of content and form, focusing on particular requirements for confession and various situations in which it can be made. It also focuses on the legal concept of declaration of guilt, its differences from confession and the mutual relation between the two aforementioned in the light of the recent amendment to the Criminal Procedure Code. The third chapter deals with confession as the evidence and its significance even in case it is revoked or obtained in an inadmissible manner. The fourth chapter deals in more detail with forced confessions, methods of physical and mental pressure on the defendant and presents the results...
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Probation in system of criminal sanctions from the point of view of prevention of recidivm
Poláchová, Jana ; Válková, Helena (advisor) ; Matoušková, Andrea (referee)
The theme of my diploma thesis is the efficiency of the probation supervision of the system of justice. My aim is to inform wheather and in which way the probation supervision helps to reduce the risk of crime's relapse. This diploma thesis is divided into two parts. The first one is theoretical whereas the second one is practical. In the theoretical paragraph I explain the aims and reasons of probation supervision. The wide scope of taking advantages of this care is also mentioned. I describe all activities connected with the above. The pecularities of youngters's probation supervision are pointe dout, as well. Last but not least I inform about the course of the probation supervision and try to compare alternative sanctions to the imprisonment. A statistic survey of probation supervision in last few years makes a part of my thesis, too. The second part of my thesis is based on my practice in the centre of probation and mediation care. I mention the results of my research among the members of the working team in the above organisation and social worker's for youngsters and adults. I inform about their points of view of this care and connected probléme and thein cooperation. The next paragraph show the way of life of several clients of probation and mediation care. I inform about their situation, crime,...
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The attitude of the expert and the lay public towards institut of alternative punishments.
TURKOVÁ, Petra
Globally, the turn of the 20th and 21st centuries has been a period of major reforms in criminal law which are connected with the effort to find new methods to deal with crime and to replace or at least complement some inflexible procedures in administration of criminal cases. More and more attention is being paid to alternative proceedings before the court and alternative punishments in criminal cases. The Czech Republic has not fallen behind in the developments. My work seeks to map the options of alternative punishments, with a focus on community service. My work also deals with the legal framework for punishments in form of community service in selected countries. I will also mention the institute of Probation and Mediation Service. The work also points to the prepared amendment to the Criminal Code in connection with community service punishments. The research in my work is divided into two parts. The first part is a quantitative survey of opinions of the general public and the other part is a qualitative survey of opinions of professionals, such as judges, policemen and officers of the Probation and Mediation Service. The main objective of the work is to learn about the general public attitudes to and awareness of application and implementation of alternative punishments. I tried to find out which punishments would be preferred by the general public. Another objective of this work has been to survey opinions of professionals in respect to application and implementation of alternative punishments. In the first survey three of my hypotheses have been confirmed and two have been disconfirmed. Based on results of the secod part of the survey I have devised three hypotheses. The results of my work have shown that although the general public has a certain level of awareness of the issue, the knowledge is very superficial. The general public has demonstrated a significant degree of tolerance and benevolence to persons with alternative punishments. Professionals mostly approve the existing legal framework for the alternative punishments. They find the definition of these punishments in the Criminal Code adequate and they believe that alternative punishments have been used sufficiently. The work will serve as a general overview of the issue.
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