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Limits of evidence in criminal proceedings
Tretera, Štěpán ; Jelínek, Jiří (advisor) ; Mulák, Jiří (referee)
Limits of evidence in criminal proceedings Abstract The thesis deals with the issues of the limits of the applicability of individual means of evidence in criminal proceedings, especially with regard to the legality of their search and execution. These limits are closely linked to the basic principles of criminal procedure, as they are based on them and are measured by them in judicial practice. The work is based on the Czech statutory regulation of evidence in the Criminal Procedure Code, on the case law of the general courts and the Constitutional Court and, last but not least, on the case law of the European Court of Human Rights, which often assesses whether the evidence used in criminal proceedings does not violate the right of the accused to a fair trial under Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The thesis contains de lege ferenda issues, namely the legal regulation of the search and execution of particular means of evidence in the Criminal Procedure Code, and answers research questions related to evidence. The first chapters of the thesis are focused on the theoretical basis of evidence and the most important case law related to the basic principles of evidence and the process of evidence according to the individual categories of issues that must...
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The problems of judicial expertise in criminal proceedings
Dostálová, Kateřina ; Šelleng, Dalibor (advisor) ; Hořák, Jaromír (referee)
The problems of judicial expertise in criminal proceedings Abstract The diploma thesis focuses on forensic expertise and the current state of the subjects performing expert activities in the Czech Republic. Its aim is to prove empirically that the number of experts is insufficient. The thesis also focuses on possible problems that may arise in connection with the absence of experts, expert offices and expert institutes not only in practice but also in the court proceedings themselves. In order to comprehensively identify the state of expert subjects, the thesis uses analytical, normative and empirical approaches of scientific research using mainly static methods and qualitative interviews. The outflow of forensic experts is a long-term phenomenon. The current number of experts is the lowest in the last 20 years. At the same time, the list of experts includes fields and sectors in which no expert is registered. Their absence is reflected, for example, in the need for more frequent use of ad hoc experts, which can be problematic. It has a negative impact on the right to a fair trial, in particular on the so-called 'equality of arms', as only public authorities can bring in persons performing one-off expert activities. There is also a problem of undermining the professionalisation of expertise, as ad hoc...
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Constitutional limits of criminal proceedings
Kořínek, Štěpán ; Mulák, Jiří (advisor) ; Richter, Martin (referee)
1 Abstract This diploma thesis is focused on "Constitutional limits of criminal proceedings" as the essential cornerstones of criminal process. The main point of this topic is the right to a fair trial. The institutional guarantee of its preservation and enforcement is held by the European Court of Human Rights and its jurisprudence. The thesis is devided into three main chapters, which contains more subvisions. The first part is dedicated to the basic characteristics of constitutional limits of criminal proceedings, especially from the point of view their sources and institutional background. The second section deals with the partial aspects of the right to a fair trial. This section is the most comprehensive because of subsumption of the particular components falling under the concept of a fair trial. The third chapter concerns the perspectives of constitutional limits of criminal proceedings in particular from the perspective of criminal procedural law recodification in the Czech Republic. In accordance to an eventual form of the new Criminal Procedure Act. The primary aim of this thesis is consisting in submission and exploration of detailed schema of the right to a fair trial with regard to the mutual coherences between its individual elements. There is also a reflection of selected peculiarities and...
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Limits of interference with constitutionally guaranteed rights and freedoms in criminal proceedings
Doležalová, Dominika ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Limits of interference with constitutionally guaranteed rights and freedoms in criminal proceedings Abstract The presented thesis deals with one of the key issues of criminal procedural law, namely the limits of interference with constitutionally guaranteed rights and freedoms in criminal proceedings. The regulations of criminal proceedings in the Czech Republic, a democratic state governed by the rule of law, must, while preserving the tools for effectively combating crime, contain such guarantees of a fair trial that the full protection of the rights and freedoms of the persons being prosecuted is ensured. In view of the increasing standard of protection of fundamental rights and freedoms on the one hand and the increasing sophistication of criminals as a result of globalisation and the rapid development of modern technology on the other, this creates an extremely difficult task for the legislator. This thesis presents a detailed analysis of the issue. Recent developments in the Czech jurisprudence made apparent certain gaps in the legislation of criminal proceedings, specifically in the area of "evidence" and in the related area of interception. For this reason, the first out of the five chapters of the thesis discusses the establishment of the practice of fair trial in the Czech Republic, which puts an...
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COMMON EU VISA POLICY AND THE RIGHT OF APPEAL AGAINST A VISA REFUSAL
Koukal, Michal ; Scheu, Harald Christian (advisor) ; Pítrová, Lenka (referee) ; Pořízek, Pavel (referee)
This thesis deals with a description and analysis of the EU law and policy on Schengen visas. The EU visa policy is analysed in its historical development and its place in the framework of Schengen acquis. Separately, important visa policy measures are analysed including the typology of visas, exceptions from visa obligation, visa reciprocity, visa facilitation and processes of visa liberalisation. Different phases of the visa procedure are studied with focus on the questions whether there is a right to be issued a Schengen visa when the conditions are met and the right of appeal. The relevant legislation subject to analysis is above all the Visa Code, the regulation on visa lists and the relevant jurisprudence of the Court of Justice. By way of illustration, the implementation in the Czech legal order is used and jurisprudence of the Czech higher courts is quoted to show to what extent the EU visa procedure and visa refusal matches the requirements of the administrative law theory on the administrative procedure and decision in general. The relevant rules are assessed as to the extent they match with principles of legitimacy, influence of legal certainty, effectiveness and proportionality. The core of the work is a hypothesis that current EU visa rules do not establish a right to a visa when the...
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The Right to Defense in Criminal Proceedings
Hejdová, Petra ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The Right to Defense in Criminal Proceedings - Abstract This rigorosum thesis deals with the issue of the right to defense in criminal proceedings. It aims to provide an overview of its effective legal regulation de lege lata and it also focuses on its problematic aspects. Contemporary interpretative issues are being analysed and also suggestions how to solve them are presented. The thesis is divided into three parts. Whereas the first part is dedicated to the subject of general legal regulation incorporated in the European Convention on Human Rights, the second part includes an analysis of this matter in the Czech legal order and the last part comprises of a thorough study of detailed legal regulation of the specific institute of mandatory defense in the Czech Republic. In the first part of the rigorosum thesis, the right to defense is initially put in the context of the right to a fair trial where its individual specific elements are examined with regard to the European Convention on Human Rights. Given the quite vague formulation of minimal rights set out in the European Convention on Human Rights that only in their complex state form the right to defense in its entirety, the thesis aims to solve unclear aspects of its interpretation as a whole. Grounds for these suggestions are based upon the case law...
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The principle of Contradictority and Its Application in Criminal Proceedings
Zukalová, Jana ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The purpose of my thesis is to provide an analysis of the principle of contradictority and its application in criminal proceedings. I have decided to use the term "contradictory proceedings" even though The European Court of Human Rights that developed the concept usually uses the term "adversarial proceedings". The reason consists in the difference between adversarial proceedings as a special kind of criminal proceedings which is typical for countries within the Anglo-American legal culture and adversarial/contradictory proceedings as a wider concept of proceedings which is based on a respect for the rights of people charged with criminal offences and which can be (and actually is) used both within the Anglo-American legal system and the legal system of the countries in the continental Europe. In this sense, the correct translation into Czech language is "kontradiktorní řízení". The thesis is composed of six basic chapters. Chapters One and Two provide introduction, presenting some theoretical approaches to what contradictory proceedings could or should be. Chapter Three is subdivided into three subchapters. First two of them examine the evolution of adversarial and inquisitorial models of criminal proceedings, dealing with their similarities and differences. The third one summarizes why both of...
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The concealed performance of public power and values protected by the constitutional order
Klaban, Vladimír ; Hřebejk, Jiří (advisor) ; Kudrna, Jan (referee)
The aim of this diploma paper is to analyse and define the nature of secret exercise of public authority and to asses this phenomena in respect of the fundamental principles of the democratic rule of law. Any secrecy in exercising public authority is in fact a clear contradiction to a natural concept of the human rights and fundamental freedoms. Therefore the republic, as a public institution, should not have too many secrets to hide away from the people if its own principles are not to be completely disgraced. Secrecy in exercising public authority is a specific feature often related to the areas such as securing the sovereignity and territorial integrity of the Czech Republic, protecting its democratic foundations, protection of the lives and health of the population as well as the right to own the property. This is in full accordance with the constitutional duty of the state. Limited access to the information has a unique and 84 inevitable role in these areas and it is clearly mentioned in the Charter of Fundamental Rights and Freedoms, the European Convention of Human Rights and Freedoms and the International Covenant on Civil and Political Rights. The question of choice between the security and the liberty has been recently heavily discussed by the people as a natural follow up to the...
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The principle of subsidiarity of criminal law
Holečková, Petra ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Summary: Counsel in the Criminal Proceedings The objective of my thesis is to describe the position of a defense counsel during a criminal procedure and analyze the currently valid law governing the counsel's position in the criminal proceedings, and how is law applied in real life and also describe duties and obligations of defense counsel. I choose this topic, because during studies of criminal law I was intrigued by the complexity of criminal trial a by the role of the defense counsel in it. I wanted to gain deeper knowledge of rights and obligations of the defense counsel and research limits of criminal defense. Fair trial is considered as one of the fundamental basics of democratic state. The objective of criminal trial is to reach a proper and rightful verdict as a result of fair trial. Criminal trial could be considered fair only if both sides, the defendant and the prosecutor, are both provided with equal rights. Defendant is often a person without thorough legal knowledge and thus is considered to be in disadvantaged position. As opposed to prosecutor, defendant finds himself in new, unknown position, and his basic rights and his future life are endangered. To remedy this situation, defendant can be in criminal proceedings represented by defense counsel, who is professional, has experience and...
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Rejection of an application for citizenship of the Czech Republic due to a security threat
Hlubučková, Kristýna ; Hřebejk, Jiří (advisor) ; Uhl, Pavel (referee)
Rejection of an application for citizenship of the Czech Republic due to a security threat Abstract This diploma thesis focuses on the analysis of a minority opinion, based on the thesis that a restriction of procedural rights of applicants for citizenship whose application was rejected due to a security threat is not fully in line with the principle of poportionality and the fair trial right. The assessment of whether the principle of proportionality has been mainteined is based on comparison of the value of state security and the potential interference with the (fundamental) rights and freedoms of the applicants. Furthermore, the thesis deals with the procedure of the Ministry of the Interior in assessing the positions of the intelligence services of the Czech Republic and the Police of the Czech Republice and the role of the Constitutional Court and the Ombudsman in the proces of reviewing potential interference with (fundamental) rights and freedoms of citizenship applicants. For the purpose of the analysis of the statements outlined above is used: case law of the Constitutional Court of the Czech Republic on the provisons of Article 22 Paragraph 3 and Article 26 of Act No. 186/2013 Coll., On Citizenship of the Czech Republic, and the Explanatory Memorandum to this Act. The studies of academics had been...
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