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Institutions in favorem defensionis
Kočka-Amort, Václav ; Gřivna, Tomáš (advisor) ; Mulák, Jiří (referee)
This thesis deals with the favores defensionis as a part of Czech criminal procedure. These institutes traditionally include, for example, prohibition of reformatio in peius, beneficium cohaesionis, the recurrence of a time-limit, the defendants's right of the last word, the order of closing arguments and some others. This topic is not typical for the Czech legal literature. There are some articles about specific institutes, but there is no law paper that would deal with the favores defensionis in general. The main aim of this thesis is to describe what the favores defensionis are, which form they take in the Czech law and how they should be regulated in the new Czech criminal procedure. The fundamental question of the thesis is whether the favores defensionis need recodification. The thesis is composed of seven chapters. The first four describe legal regulation de lege lata, the following three chapters discuss de lege ferenda. Chapter One describes the reflection of favores defensionis in the Czech legal literature and defines the concept of favor defensionis. Chapter Two characterises specific institutes which fall under the favores defensionis. Chapter Three focuses on the relationship between the favores defensionis and some of the basic principles of the Czech criminal procedure. Chapter Four...
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