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Taking of evidence in administrative proceedings
Holub, Štěpán ; Kopecký, Martin (advisor) ; Sharp, Vladimír (referee)
Taking of evidence in administrative proceedings Abstract The topic of this thesis is the taking evidence in administrative proceedings, which aims to present compendious knowledge concerning the administrative authority; to eliminate eventual contradictions in established facts; and to decide on the matter. Taking into account the diversity among administrative proceedings, it is essential to discuss the individual types of the incriminate proceedings, eventually their specific phases, and simultaneously to provide connections between individual evidence institutes. Also, possible discrepancies in evidence, or perhaps complete absence of evidence, should not be omitted since the legislator has not established exclusive obligation, even though the evidence poses significant part of the proceedings. The presented thesis is divided into five chapters. The first chapter thoroughly reviews the principles of administrative proceedings, which are tightly connected with the process of taking of evidence. The second chapter discusses the terms in the context of evidence, whereas such terms are not explicitly stated in the law. These terms are defined based on the jurisprudence and specialized literature. The third chapter covers process stamping of individual phases in taking of evidence, which extends to the field...
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Crime scene reconstruction
Suková, Kristýna ; Krupička, Jiří (advisor) ; Dvořák, Marek (referee)
Crime scene reconstruction Abstract The theme of this Diploma thesis is crime scene reconstruction (also known as crime reconstruction). The author if this thesis focused primarly on Czech law. Crime scene reconstruction is type of criminalistic reconstruction. It is a forensic science discipline based on reconstruction of events and situations that occured as crime was being commited. Crime scene reconstruction is mainly used for cases of severe crime activity such as rape or muder. It was reglemented to Czech Criminal Procedure Code as one of "Special Means of Evidence" in 2001 when the so called "the big novelization" of Criminal Procedure Code took place. The other special means of evidence reglemented alongside with reconstruction were confrontation, recognition, investigation attempt and on site examination. The main aim of this diploma thesis is to thouroughly describe crime recontruction as one of the means of evidence. Leading method used in this project is the descriptive method followed by the comparative method. Finally analysis is also used in attempt to bring some new perspectives on the theme. Secondary aim of this diploma thesis is to compare reconstruction with other chosen Means of Evidence reglemented in the Criminal Procedure Code. Lastly next supporting aim is an attemt on analysis of...
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Admissibility of evidence in criminal proceedings
Pazourková, Klára ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
Admissibility of evidence in criminal proceedings Abstract The thesis deals with the procedural applicability of evidence in criminal proceedings from the perspective of defects caused by violations of procedural rules of evidence. The aim of the thesis is to summarize the applicable legislation with a focus on procedural acts of law enforcement authorities in criminal proceedings and to analyse the defects that may arise in the process of evidence. Can any substantial error in the acquisition or execution of evidence prevent its use in court proceedings? How do Czech courts view violations of procedural rules on evidence, or defects in the process? The author tries to find answers to these questions by analysing the institutes and principles related to the field of evidence and by analysing the decisions of the Constitutional Court and the Supreme Court. The work is divided into six parts - four chapters, introduction and conclusion. The first chapter is devoted to evidence on the theoretical level. It defines important concepts related to evidence and characterizes the means of evidence listed in the Criminal Procedure Code. Last but not least, it also contains the basic principles governing evidence, also with regard to international regulation. The second chapter deals with theoretical approaches to the...
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The admissibility of evidence in the Czech criminal proceedings
Zaoralová, Petra ; Jelínek, Jiří (advisor) ; Záhora, Jozef (referee) ; Říha, Jiří (referee)
This PhD thesis focuses on the admissibility of evidence in criminal proceedings. Appropriate setting of limits of admissibility of illegally obtained evidence in the criminal proceedings is not only regarded as one of the main guaranties of fair justice system, but also represents topical and vital issue which raises number of legal dilemmas. The importance of the topic has been increasing recently as gathering of evidence in criminal proceedings often conflicts with the fundamental rights of individuals that are subject to severe limitation on constitutional and especially international level and that are broadly endangered during the process of collecting evidence. The core of the thesis lies in the in-depth analysis of current legislation, jurisprudence and case law dealing with the issue. Within the framework of that analysis, all of the important and disputed questions relating to the general aspects of admissibility of evidence are examined from the perspective of jurisprudence and case law; the knowledge is enriched with real practical impacts on domestic judicial practice. Special attention is paid to the issues related to the exclusion of illegally obtained evidence from the process of evaluating evidence and forming final decision on the case. The thesis does not overlook the problems...
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Means of evidence in civil process
Navrátilík, Šimon ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
- Means of Evidence in Civil Proceedings The topic of this thesis is means of evidence in civil process. The taking of evidence is the most important part of civil proceedings, and therefore this paper presents its comprehensive summary, together with an overview of the means of evidence available in civil proceedings. This work is divided into three main parts with many subchapters. The first part deals with the process of proving in general. It describes its course, main principles and rules that govern it. Likewise, this section focuses on partial issues in the taking of evidence, such as the standard of evidence or proving negative facts. Last but not least, it deals with the burden to claim and prove facts and their distribution among the parties. The second part deals with evidence expressly provided for in the Code of Civil Procedure. In practice, these means of proof are most often found in court proceedings, and therefore their application is dealt with in a number of texts and court decisions. Nevertheless, this section outlines how the individual evidence has evolved over time. The third part deals with non- regulated evidence in the Code of Civil Procedure. Of these, the most widespread is audio and video recordings whose crucial issue is their admissibility in the light of the right to...
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Evidence in administrative proceedings
Tadičová, Katrin ; Kopecký, Martin (advisor) ; Vedral, Josef (referee)
Evidence in administrative proceedings Abstract This diploma thesis deals with the taking of evidence in administrative proceedings, the aim of which is to refute or confirm a decisive fact. Administrative proceedings do not constitute a unified process; they are a diverse range of different types of proceedings rolled into on, in which the taking of evidence may be regulated in different ways. As a rule, general and special administrative proceedings are distinguished. The taking of evidence is considered to be an essential part of the administrative proceedings, but not obligatory one. In some types of proceedings, the taking of evidence is, in principle, excluded, while in others it may play an essential part. The diploma thesis is structured into five parts. The first part of the thesis defines the basic concepts appearing in the process of taking of evidence, as well as the historical development of anchoring the process of taking of evidence in the legal regulations of the Czech Republic since 1928. The next part deals with the principles that apply to the taking of evidence, be it the basic principles of action of administrative bodies or the principles of administrative proceedings themselves. The third part of the thesis deals with general administrative proceedings as regulated by Act No. 500/2004...
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The admissibility of evidence in the Czech criminal proceedings
Zaoralová, Petra ; Jelínek, Jiří (advisor) ; Záhora, Jozef (referee) ; Říha, Jiří (referee)
This PhD thesis focuses on the admissibility of evidence in criminal proceedings. Appropriate setting of limits of admissibility of illegally obtained evidence in the criminal proceedings is not only regarded as one of the main guaranties of fair justice system, but also represents topical and vital issue which raises number of legal dilemmas. The importance of the topic has been increasing recently as gathering of evidence in criminal proceedings often conflicts with the fundamental rights of individuals that are subject to severe limitation on constitutional and especially international level and that are broadly endangered during the process of collecting evidence. The core of the thesis lies in the in-depth analysis of current legislation, jurisprudence and case law dealing with the issue. Within the framework of that analysis, all of the important and disputed questions relating to the general aspects of admissibility of evidence are examined from the perspective of jurisprudence and case law; the knowledge is enriched with real practical impacts on domestic judicial practice. Special attention is paid to the issues related to the exclusion of illegally obtained evidence from the process of evaluating evidence and forming final decision on the case. The thesis does not overlook the problems...
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Means of evidence in civil proceedings
Krulíková, Kateřina ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
The diploma thesis analyses means of evidence used in civil proceedings. Means of evidence are integral part of proofing process which is considered to be the foundation of civil litigations. The goal of this thesis is to provide comprehensive categorization of means of evidence used in civil litigations and depict some of their specifics, including means of evidence which are not specifically regulated by the law. The thesis is based on specialized literature, legislation, and, from a large part, also on Czech courts case law. Text of the thesis is divided into four chapters, each of them further divided into several sub-chapters. First chapter is general introduction to civil lawsuit and proofing problematics. It defines proofing process itself, subject of proofing, and principles applied in the court at this stage of the lawsuit. Second chapter describes means of evidence in general. It provides reader with means of evidence definition and categorization, and also defines means of evidence which are inadmissible in the civil lawsuit. Third, the most extensive chapter, is dedicated to means of evidence which are specifically regulated by code of civil judicial procedure. It describes each of them in detail, differentiates them, and also describes proofing process in the court trial. First...
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Sound and audiovisual recording as means of evidence in administrative proceedings
Jirková, Jana ; Svoboda, Petr (advisor) ; Rajchl, Jiří (referee)
The aim of the thesis is to answer the questions regarding the subjects authorized to take a sound or audiovisual record, and to assess the legality of using such records as evidence in administrative proceedings. The thesis is formally divided into three chapters. The first one addresses the basic concepts emerging throughout the thesis, and the admissibility of other evidence not expressly mentioned by law. The second part of the thesis offers an insight to obtaining of sound and audiovisual records, and their further use as evidence pursuant to the basic human right documents. It describes and analyses the assessment of permissibility of such evidence that is applied by the European Court of Human Rights. The last chapter works with national legislation of both public and private law, and with the case law of domestic courts; from which it infers the subjects authorized to take these records, which may be used as evidence by an administrative authority. Based on the analysis of legislation and case-law, the thesis defines subjects authorized to obtain a sound or audiovisual record, and sets conditions for such obtaining. Simultaneously, it highlights the issues resulting from the current national legislation on obtaining sound or audiovisual records by selected public authorities, mostly...
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Evidence in administrative procedure
Jurkovič, Jan ; Kopecký, Martin (advisor) ; Millerová, Ivana (referee)
Law of evidence is a legal-based procedure for collecting and presenting proof. The aim of the process is to follow the basic principle of legal administrative proceedings, the principle of material truth. My thesis is based on the Administrative Code regulations, although I was also pointing to the fact that there are specific regulations that restrict or exclude the use of the Administrative Code. Despite the above-mentioned, the general and theoretical ideas of the law of evidence are applicable for all administrative proceedings. Except the principle of material truth there are other basic principles of vital importance to administrative proceedings, particularly the principle of legality and the principle of working out the case without undue delay. The core of law of evidence, however, is contained in provisions of the Administrative Code dealing with the bases for a decision in the administrative proceedings at first instance. For the law of evidence in administrative proceedings it is also often applicable doctrinal and judicial knowledge of civil and criminal law, as a connecting element between these different areas of law is the principle of material truth. The decision-making practice of the administrative courts respects the similarities between criminal and administrative punishment,...
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