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Expert evidence in criminal proceedings
Šimková, Radka ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
1 Expert evidence in criminal proceedings Abstract Rigorosum thesis addresses expert evidence in criminal proceedings. For more than a century, experts are being taken on the criminal proceedings to clarify technical facts to law enforcement or judicial authorities or to explain how the factual circumstances related to criminal acts took place. Their involvement into criminal proceedings helps discover the objective truth about past act and following conviction of perpetrator. Examination of experts is being secured by law enforcement and judicial authorities, but this option is also given to the defendant. The aim of the author was to comprehensively evaluate crucial institutes of expert and criminal law in the process of taking of evidence. Expert report, technical advice and experts' subjects - experts and expert institutions are elaborately described. Author analyses expert report as an evidence starting from the securing of tracks at the place of the offense, taking on an expert, their legal possibilities during processing of the expert record up till its evaluation. Author reflects historical development of expert evidence in criminal proceedings in the territory of the Czech Republic and its predecessors and also the development of expert institutions of Police of the Czech Republic, such as Forensic...
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Legal Context of Nightime Road Accidents with Pedestrians
Daněk, Vladimír ; Bradáč, Albert (referee) ; Semela, Marek (advisor)
The thesis „Legal Context of Night-time Road Accidents with Pedestrian „deals with the interpretation of legal decisions on traffic accidents caused by the vehicle during the night and where the other participant was a pedestrian. The main aim of this thesis is to find the established limits for the assessing of blame in comparable accident situations in cases of traffic accidents of the vehicle and the pedestrian at the reduced visibility with emphasis on the assessing in relation to the circumstances of the cases from the technical and legal point of view and in relation to the health consequences. Legal interpretations of the law are defined within the theoretical part of the thesis with emphasis on the ones which appear repeatedly in the judicial decisions. Approximately 1530 judicial decisions were studied and analysed in the analytical part, of which 56 were selected, that corresponds to the requirements of this thesis. There are also 5 expert evidences provided by the Institute of Forensic Engineering of Brno University of Technology. In the above mentioned cases there were defined the limits for the assessing of accidents based on which the judicial decision was predicted in context with the defined established limits for the judicial decisions at the top of the court hierarchy.
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Criminalistic and legal aspects of ballistics
Hoznour, Ondřej ; Musil, Jan (advisor) ; Konrád, Zdeněk (referee)
This thesis deals with criminalistic ballistics both from the legal point of view and the natural science point of view. It tries to explain the issue of firearms and ammunition including their stipulation in the Czech legal code. The attention is salso paid to the issue of expertise emphasizing the role of an expert in criminal proceedings and in ballistics expertise as a means of evidence. Last but not least this thesis deals with the most important tasks of criminalistic ballistics.
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The issue of causal link in disputes over compensation of damage to health
Svobodová, Kamila ; Šustek, Petr (advisor) ; Salač, Josef (referee)
This thesis deals with the issue of causation in disputes relating to compensation of damage to health. The aim of this work is to give a comprehensive interpretation of this issue. The work presents possible approaches of proving a causality between illegal misconduct during treatment and the damage caused to a patient. In medico-legal disputes patient must carry the burden of proof. It also compares the European legislation in relation to the necessary degree of proof with the main focus on German legislation and institutes created by the case law of German courts. Furthermore it presents the interpretation of causality in terms of the Principles of European Tort Law. The work deals marginally with certain aspects of proceedings concerning compensation of damage to health and expert assessment.
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Expert in international commercial arbitration and investment disputes
Gregor, Lucie ; Růžička, Květoslav (advisor) ; Ondřej, Jan (referee) ; Kunz, Oto (referee)
This Dissertation is focused on issues concerning the position of an expert in international arbitration proceedings and in international investment disputes. Unlike proceedings conducted before general courts of law, arbitration proceedings have a number of advantages, and therefore they are used very often to resolve disputes in this area, and arbitration proceedings are used almost exclusively with regard to resolution of disputes relating to international investments. The aim of the Dissertation was an analysis of dispute resolution in arbitration proceedings from the expert's point of view and the expert's position in this procedure. It is without any doubt that experts can help arbitrators to reach a qualified resolution of disputes in a significant way. At first, the Dissertation deals with general and historical issues, such as comparison of methods of dispute solution where an international element appears, in both arbitration and judicial proceedings, and it lists the advantages of arbitration proceedings as well. After specification of the term "expert", the Dissertation provides a view into the expert's profession history in the territory of our country and into its legal regulation. With regard to our membership in the European Union it is, of course, necessary for the Dissertation to...
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ASPECTS APPRAISEMENT LAW BUILDING
Adámek, Jiří ; Scholzová, Vlasta (referee) ; Telec, Ivo (referee) ; Weigel, Lubomír (advisor)
Dissertation work deals problems Law Of Building in relations to new Civil Code No. 89/2012 Sb. (NOZ - new Civil Code) Legal regulations are for all new and rather are in common level. Supplying present, more than 40 years old Civil Code new recipe, presents revolutionary changes in civil right. NCC starting from the another ideological, political and terminological bases. With new Civil Code loom incomming new questions: What will real property and what will no. What kind of law is possible newly to real property to establish. How will new property owners limited. Important is appreciate, that by the new Civil Code was cancelled current Civil Code, so and current Business Code too. New legal regulations cancelles more than 238 law regulations. All the law, which affected law relations to real property are cancelled. Contribution is solving the problems and summaries the cases, where would had Building Law to do. Result of the dissertation work is:
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RENTS AND THE LAND PRICE RELATIONSHIP BASED ON THE PRICE MAP
Kubíček, Josef ; Abraham, Karel (referee) ; Puchýř, Bohumil (referee) ; Bradáč, Albert (advisor)
The dissertation is focused on current issues in the connection with the rental price of land and construction land maps, which are addressed to practice. It deals with an overview of the development of rental and price charts in the Czech Republic and abroad. The basic precondition of the dissertation is the existence of data dealing with the relationship between rents and the usual (market, global) price of land in the price map in the Czech Republic. This area, the relationship of rents and land prices, has not yet been fully explored. The unavailability of this data can result in questioning the expert opinions for example in court proceedings. The conclusions of the dissertation illustrate, how interdependent ground rent with the price specified in price map constructions of land. The percentage of the relation I have determined to both individual cities (Prague, Brno, Olomouc), and all the Czech Republic as a whole.
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A System Approach to Real Estate Valuation in Brno - Starý Lískovec
Rašovská, Lucie ; Pavlíková, Andrea (referee) ; Kledus, Robert (advisor)
This thesis deals with the very topical issue in the sphere of the expert activity, which is requested by the general public at the same time. It sets a task of improvement, or better to saythe simplification in the approach to the appraising of real estate, with the aid of systemic methodology. There is as an example of the correct application of systemic methodology in the preparation of a sample expert opinion used in real estate (apartment house) located in Brno – Starý Lískovec. The property in question is appraised in accordance with the assignment by using the systemic approachonly after the evaluation of the current situation in appraising and discussing systemic methodology. A systemic approach to the appraising of aproperty is appropriately chosen largely because it better ensures the indispensable fact that, in the case of the expert opinion made by an expert, it is practically impossible to omit those important requisites which are inextricably linked to the expert opinion.
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