|
|
Restrictions on personal freedom in theory and practice
Pouska, Tomáš ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
1 Restrictions on personal freedom in theory and practice Abstract The subject of this rigorous thesis is the connection of the theoretical and practical concept of permissible interference with the personal freedom of an individual in criminal proceedings, with an emphasis on the protection of the fundamental rights and freedoms of the person concerned. The basis of the thesis is the description and more detailed definition of some specific institutes of criminal law, in the form of detention, arrest, detention and imprisonment, which seriously interfere with personal freedom and are directly connected with the imprisonment of persons. The rigorous thesis compares and analyzes the legal embedding of the above- mentioned criminal law instruments at the national and international level with their application in real life practice and points out some fundamental differences that occur when they are used by law enforcement authorities. Attention is primarily paid to the degree of compliance with the guarantees of permissible interference with personal freedom by public authorities, the legitimacy of individual interference and also their adequacy and proportionality in relation to the goal pursued by these means. The rigorous work examines whether these criminal law institutes are applied rationally, whether...
|
|
|
The Issue of Pre-trial Detention in Criminal Procedure
Gabryšová, Jana ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
The Issue of the Instrument of Criminal Custody Abstract The concept of criminal custody and the problems associated with it represent a relevant and important topic resonating in legal theory and application practice. On the one hand, custody is considered to be one of the most effective ways to ensure the successful course and purpose of criminal proceedings, since its essence lies in restricting the personal freedom of a person whose guilt and punishment have not yet been decided on the basis of conditions defined by law, but on the other hand, the question arises more and more frequently whether this traditional criminal procedural instrument can still stand up to the growing guarantees of fundamental human rights and freedoms established by both national and international law. The aim of this thesis is to identify the problems related to the instrument of criminal custody, to find out what they entail and to try to find solutions to them by means of existing or own de lege ferenda proposals. Four chapters focusing on the problems of pre-trial detention serve this purpose. The first chapter of the present thesis defines the concept of criminal custody, its purpose and also the limits to the restriction of personal liberty by custody resulting from the most important national and international human...
|
|
|
Criminal custody as an ultima ratio instrument
Strnadová, Pavla ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
Criminal custody as a means of ultima ratio Abstract This diploma thesis deals with a custody in criminal proceedings as an institute which should, due to its strong intervention to personal liberty, be used in the uttermost cases. Although this conception has been enforced to the legal theory and also to the czech legislation for many years, it is necessary to state that practice has considerable reserves in this respect. With respect to planned recodification of criminal procedural law which could reflect needs of aplication, this thesis tries to look at custody in a broad scope focusing on options of subsitution of custody. Due to the fact that the custody cannot be perceive only within the limits of criminal law, the first chapter is devoted to guaranteed freedom on the constitutional level, i. e. personal freedom. To understand a context, the development of this fundamental freedom is briefly described. This thesis also submits its conception on the international and national standards. In relation to the custody, this chapter includes the solution of whether detention restricts personal freedom or deprives individuals of it. It also summarizes three fundamental principles od criminal proceedings which are strongly connected with the custody. The second chapter deals with custody directly. First it...
|
|
|
Constitucional limits of personal freedom
Fišerová, Veronika ; Antoš, Marek (advisor) ; Kindlová, Miluše (referee)
Constitutional limits of personal freedom Abstract The Master's thesis deals with the extensive theme of restriction or deprivation of the personal freedom. The aim of this thesis is not to analyse the reasons for deprivation of personal freedom in detail, but to look at personal freedom as a whole. In the Charter of Fundamental Rights and Freedoms (the Charter), personal freedom is the highest-ranked right to be most often interfered with by the state. Any restriction of personal freedom must meet a number of conditions resulting from legislation, international treaties and the supreme courts' decisions. The main goal of this thesis is to evaluate the frequency and intensity of the deprivation of personal freedom in the Czech Republic. In this thesis I pose the question whether all these limits of permissible deprivation of personal freedom are respected in practice or not. In this thesis I do not deal with the term of imprisonment but I focus on the reasons of deprivation of personal freedom expressly enumerated in the Charter. The first chapter deals with a brief definition of the concept of personal freedom, its incorporation in our legal order and its implementation in international treaties. In the following section, I present the conditions of permissible deprivation of personal freedom resulting...
|
|
|
The crime of robbery in comparison with selected crimes against personal freedom
Wachtlová, Nikola ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
The crime of robbery in comparison with selected crimes agains personal freedom This rigorous work focuses on the crime of robbery comparison with selected crimes against personal freedom. It deals primarily with the crime of robbery in terms of the criminal law. This thesis is systematically classified so that it contains the historical context of legal regulation of robbery in the territory of today's Czech Republic. In addition, the basic concepts, which are in the main a crime as such and freedom, like freedom, not only as the freedom of an individual, but also the protection of property, including the very innocuousness of the dwelling, which, of course, is part of the concept of freedom. After a historical excursion and general interpretation, a more detailed analysis of the crime of robbery de lege lata follws, i.e. in accordance with the applicable law, namely robbery and robbery qualified. The next chapter of this work deals with criminal liability and the associated fault and the same time in this chapter we find a brief description of the circumstances excluding illegality, which are related to criminal law. In the following chapter, the thesis deals with the descripsion of the obligatory features of the facts of each crime, which are the object, the objective page, the subject, the...
|
|
|
Criminal custody as an ultima ratio instrument
Nekolová, Petra ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
Criminal custody as an ultima ratio instrument This thesis deals with a criminal custody which is considered as the most serious instrument within criminal procedural security measures which should be used by law enforcement authorities only in the most extreme cases when all of the legal conditions are strictly fulfilled. One of the purposes of this thesis is to explicate, through personal freedom and presumption of innocence both guaranteed by the Czech Constitution and both significantly affected by custody, the importance of using this instrument only in situations without any other solution when is impossible to reach the purpose of criminal proceedings by using some of the more lenient measures, it means to use the custody just as an ultima ratio instrument. A crucial part of this thesis pays attention to the individual legal conditions of current effective legislation that should ensure observance of this principle also in practice. In the mentioned part the procedure of the authorities deciding on custody is analysed in detail that authorities firstly must resolve the question if the prosecution of a specific person is justified and if a certain specific degree of suspicion is achieved proving that this one perpetrated an offence. After that is necessary to investigate the existence of...
|
|
|
Aim and purpose of the migration-related detention
Vítová, Šárka ; Kryska, David (advisor) ; Svoboda, Petr (referee)
The aim of the thesis is to answer the following question: What is the aim and the purpose of the migration-related detention? The question is further specified in four sub-questions provided in the introduction. Given that the essence of the detention is the deprivation of personal liberty as one of the fundamental human rights, the practice of detaining migrants in the Czech Republic seems to be in conflict with the personal liberty guarantees stipulated by the constitutional laws of the country, the Charter of Fundamental Rights of the European Union and several international human rights treaties. Resolutions of this conflict requires that such conditions are identified, under which the restriction of personal liberty is permissible. The list of conditions is provided in the thesis, including a legitimate purpose of the restriction of the fundamental right. Any restrictive practice must be capable of achieving this purpose and must not be misused for a purpose other than this. Subsequently, the thesis identifies aims of the different types of migrated-related detention, provided by the Czech laws - the Police Act, Aliens Act and the Asylum Act. The immediate aim pursued by detaining an alien is often to prevent him from obstructing a particular legal proceeding or action. The thesis also deals with the...
|
|
|
Totalitarian thinking: a critique by Theodor Adorno
Klubalová, Jitka ; Noble, Ivana (advisor) ; Ovečka, Libor (referee)
There is still a totalitarian regime in some countries of the world. This regime does not allow its citizens to develop their individual development, violates human rights and does not respect a personal freedom. There is an obvious centralisation of power, suppressed diversity and very strong tool of power is ideology in these states. A way of thinking of a ruling establishment, but also of people who are in thrall of the totalitarian regime could be called as a totalitarian thinking. Theodor Adorno was concerned by the critique of such thinking and he also wanted to name the pathological attributes of such thinking. Adorno's main idea is the concept of identity and non-identity: how we name the world. We need to name the the reality around us, because as humans this ability to categorise influences our view of reality. It is how we judge society and our behaviour within it. The opinions of Theodor Adorno are accompanied by Václav Havel's reflections. Havel lived the significant part of his life in totalitarian Czechoslovakia and throughout his works he was concerned with the phenomenon of a "post-totalitarian system ". The texts of both of these thinkers form the basis for the personal attempt of the author to discuss the phenomena which lead to totalitarianism.
|
guest ::
