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The Public prosecutor in proceeding before the court
Kotoun, Adam ; Tlapák Navrátilová, Jana (advisor) ; Tejnská, Katarína (referee)
The public prosecutor in the proceeding before the court Abstract The thesis is primarily focused on the position, role and competence of the public prosecutor before the court. The aim of the thesis is, among others, to provide potential readers with a relevant piece of information for treatise of the system of the public prosecutor's office, circumstances of its origin and development or legal entrenchment as well as competences defined by law, both criminal and non-criminal. The thesis primarily deals with the competence of the public prosecutor in the proceeding before the court, and that is not only in the terms of current legal status, but also from the perspective of possible legislative changes in the future. By means of this the partial issue of criminal proceedings is defined and subsequently analysed. Furthermore, it is followed up by some of the aforementioned difficulties resulting from the legal regulation of the Code of Criminal Procedure, which could become the subject of legislative changes in this area of law in the future. In a broader sense, the reference is made to the fact that it should be in the general interest of the public prosecution to exercise its competences in a way which is acceptable in countries that support the doctrine of the democratic rule of law of the 21st century....
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Preliminary hearing of the indicment in the case law
Kočová, Tereza ; Bohuslav, Lukáš (advisor) ; Gřivna, Tomáš (referee)
The thesis includes the analysis of the preliminary hearing of the indictment institute as an optional part of criminal proceedings, which follows after bringing an indictment to court. The thesis is focused on summary of theoretical findings, which draws mainly from the commentary literature, but a key focus of the thesis is the analysis of relevant judicial decisions that relate to the institute investigated. The thesis works in particular with the decisions of the Supreme Court of the Czech Republic and High Courts, to a lesser extent with decisions of the Constitutional Court of the Czech Republic and several regional courts are used. The text is (except introduction and conclusion) divided into eight parts. The first part contains an explanation of the concept of preliminary hearing of the indictment. Next part of the thesis is focused on the historical development of the preliminary hearing of the indictment, from 1850 to the present. This part also summarizes the most important amendments of the currently effective Criminal Procedure Code. Following parts are focused on explanation of purpose of preliminary hearing of the indictment and explanation of the difference between this and the obligatory review of indictment in accordance with § 181 par. 1 and 185 par. 1 of the Criminal Procedure...
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