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Extraordinary Appeal
Königová, Kateřina ; Šámal, Pavel (advisor) ; Říha, Jiří (referee)
1 Abstract The diploma thesis is focused on the analysis of the legal regulation of extraordinary appeal. The extraordinary appeal is the latest extraordinary legal remedy in the Czech criminal proceedings, which was incorporated into the Code of Criminal procedure by Act No. 265/2001 Coll., which entered into force on 1 January 2002. This topic is nonetheless also very relevant these days, as Act No. 220/ 2021 Coll introduced further changes in the legal regulation of extraordinary appeal. Introduction of this thesis is dedicated to the general characteristics of extraordinary appeal and a comparison of individual extraordinary legal remedies. This is followed by a chapter focused on the admissibility of extraordinary appeals. The most extensive part of this thesis is centered around discussing individual reasons for the extraordinary appeal. With the above-mentioned amendment, a new reason of extraordinary appeal was inserted into the Code of Criminal procedure according to § 265b paragraph 1 letter g), which is directly related to the development of the jurisprudence of the Supreme Court and the Constitutional Court regarding the so-called issue of extreme contradiction. The Constitutional Court ruled that in cases of so- called extreme contradiction, the Supreme Court should also review factual findings...
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Extraordinary Appeal in Criminal Proceedings
Machyánová, Kristýna ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Extraordinary Appeal in Criminal Proceedings Abstract This diploma thesis focuses on a comprehensive analysis of the legal regulation of extraordinary appeal, as one of the extraordinary remedies in criminal proceedings, which was introduced into Czech law with effect from 1 January 2002 by Act No. 265/2001 Sb. At first it focuses on general explanations of the appeal procedure, remedies and specific principles governing the appeal procedure, followed by historical overview of the development of extraordinary remedies. Then the diploma thesis deals with the institute of extraordinary appeal itself, namely, for a better understanding, at first in terms of general interpretations of the extraordinary appeal, and then analyses the individual issues. The main part of the diploma theses is devoted to applicable grounds for the extraordinary appeal, the interpretation of which considers the rich case law of the Supreme Court and the Constitutional Court, especially with regard to the ground of appeal under Section 265b (1) (h) al). The interpretive development of this provision, accompanied by contradictions between the Supreme Court and the Constitutional Court, which are sometimes referred to journalistically as a "war of the courts", was of fundamental importance for the introduction of a new ground of appeal...
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The Position of Review Appeal in the System of Remedies
Ambrož, Vojtěch ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
The Position of Review Appeal in the System of Remedies Abstract What is the purpose of the review appeal in civil matters? Should the review appeal be of an ordinary or extraordinary nature? Should the admissibility requirements of the review appeal be determined entirely objectively, or should it depend, at least in part, on the subjective discretion of the appellate court? This is only a part of numerous questions that have accompanied the institute of review appeal for several historical stages and, due to the planned overall re- codification of the civil procedure law, these issues remain relevant even today. The author of this work aims to provide an answer to some of these questions based on a critical view of the historical development of the review appeal, current legislation concerning this matter and the review appeal from de lege ferenda perspective. In the first chapter, the author generally discusses remedies in civil proceedings, their nature, effects, and definition of the review appeal. The greatest attention is paid to the purposes of the review appeal, which include finding individual justice and unifying the decision-making practice of the civil courts. In the second chapter, the author focuses in detail on the historical development of the institute of review appeal. Its important...
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