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The Position of the Police Authority in Pre-Trial Criminal Proceedings
Jaňovka, Jan ; Musil, Jan (advisor) ; Hořák, Jaromír (referee)
Abstract, key words The Position of the Police Authority in Pre-Trial Criminal Proceedings One of the aims of the presented work was to find out what is the position of the police authority in the Czech criminal preparatory proceedings. I was also concerned with its relationship to other authorities and in particular to the public prosecutor's office. In the initial historical excursus I briefly dealt with the legal regulation in the field of criminal proceedings in the period from 1918 to the present. In the next chapter I described the types and legal regulation of the various police authorities, including the resolution of jurisdictional disputes between them. I then examined, by looking at the structure of the tasks performed by police authorities, the actual position of the police authority in contemporary criminal proceedings. I examined its procedure at the various stages of the pre-trial proceedings and what its relations are with other public prosecutor and the court. In the third part I described the position and organisation in the Federal Republic of Germany. I have described the tasks of the police in criminal proceedings. This showed that criminal proceedings in Germany are considerably faster and less formal. As far as Czech criminal proceedings are concerned, the public prosecutor has...
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Legal and criminalistic aspects of crime scene investigation in criminal proceedings
Kolářová, Kateřina ; Šelleng, Dalibor (advisor) ; Dvořák, Marek (referee)
This diploma thesis deals with the legal and criminalistic aspects of crime scene investigation in criminal proceedings, This metod is specified in the current legal regulation of section 113, Act No. 141/1961 Coll., Czech Criminal Procedure Code. Crime scene investigation is one the basic procedural acts, which often provides the only information about the investigated crime. Further, this special method provides key evidence leading ultimately to a final decision in the criminal proceedings. There are high demands on criminal authorities to investigate the crime scene. A possible misconduct could lead to the unusability of the investigation of crime scene as evidence in criminal proceedings. This is also highlited by the nature of investigation of crime scene as an urgent and unrepeatable act. The text of this diploma thesis consists of three chapters. In the first chapter, there is general definition of crime scene investigation, its basic characteristics and principles. The following is a brief definition of the legal interpretation and a comparison to the upcoming version of criminal procedure code. The content of the other chapters are criminalistic-tactical principles applied in the actual investigation of the crime scene, from security measures to the inveestigation of crime scene itself....
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The Role of Public Prosecutor in Criminal Proceedings
Petrů, Denisa ; Tejnská, Katarína (advisor) ; Heranová, Simona (referee)
This Diploma thesis deals with the role of Public Prosecutor in Criminal Proceedings. Public prosecutor is an irreplaceable entity of criminal proceedings where he is tasked with defending a public interest. The aim of the thesis is to provide an analysis of the status of the public prosecutor in criminal proceedings while the main part of the thesis focuses on the status of the public prosecutor in preparatory criminal proceedings - the third chapter gives an overview over the relationship between the public prosecutor and police authority and the fourth chapter outlines an usage of diversions in criminal proceedings. The thesis is composed of four chapters. The first chapter outlines the history of the institute of public prosecution focusing on the Czech territory because there is no doubt the historical development is significantly reflected in the current form of this institute. Chapter Two provides a general overview over Public Prosecutor's Office which is important for understanding the following parts of this diploma thesis. Firstly, questionable issue of the position of Public Prosecutor's Office according to the Constitution of the Czech Republic is explored, then a description of a structure of the Public Prosecutor's Office and its internal relations including an issue of supervision...
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Verification Procedure in Preliminary Proceeding
Čičatková, Simona ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
This thesis deals with the verification procedure, which is the first part of the preliminary proceeding and thus part of criminal proceedings. The introductory part of the thesis briefly covers basic instruments of the preliminary proceeding including the investigation phase whose knowledge is key to realize the position and importance of the verification procedure in the overall structure of the criminal proceedings. Bodies that are involved in the criminal proceedings are discussed including their definition, organization and determination of their competence in the verification procedure. The core of the thesis is divided into several parts that deal with the analysis of the verification procedure as well as activities that precede the formal beginning of the criminal proceedings. The ways are discussed by which bodies become aware of offences as well as the first steps of the police authority in the unofficial phase that precedes the criminal proceedings. The core part of the thesis also looks at the prosecutor's and especially police authority's powers that are typical of this phase and whose records are not directly admissible as evidence before court. On the other hand, exceptional cases are also discussed where the evidence must be executed in this phase with specific focus on the...
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