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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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Methodology of investigation of the criminal act of robbery
Vrkotová, Alice ; Jelínek, Jiří (advisor) ; Krupička, Jiří (referee)
My thesis entitled "Methodology of investigation of the criminal act of robbery" focuses on the individual steps undertaken by the police from the moment the offence is reported until the prosecution is filed with the state attorney. The main focus of my work is to describe, in the greatest detail possible and with attention to the given practice and formal faultlessness, the most important procedural steps, both in the verification phase, i.e. prior to the commencement of the criminal prosecution, and in the phase of investigation. A particular emphasis is placed on the examination of the crime scene and subsequent criminological evaluation thereof. The thesis comprises six chapters; the therd chapter discusses initial verification acts, from the commencement of the criminal procedure according to section 158, paragraph 3 of the penal code, treatment of the victims, particularly the above mentioned examination of the crime scene. The fourth chapter that discusses investigation is crucial. The chapter outlines the individual steps of the investigator in logical sequence, i.e. decision about the commencement of the criminal prosecution (section 160 of the penal code, interview with the accused and witnesses, criminological examination of the tracks collected at the crime scene or uncovered as part...
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The prosecuting attorney and the police in pre-trial proceedings
Borovička, Lukáš ; Jelínek, Jiří (advisor) ; Herczeg, Jiří (referee)
The topic of this thesis is "The prosecuting attorney and the police in pre-trial proceedings". It has purpose to inform interested persons about legal regulations of pre-trial proceedings, purpose, function and methods of prosecuting attorney and the police. After short introduction subsequent chapter one deals with term "the police" including legal regulations of this term in Code of criminal procedure and common commentary. Characterization and explanation of term "the prosecuting attorney" in chapter two also delas with legal regulations of his function and role in pre-trial proceedings as well as with general characterization. Following chapter shortly explains some selected basic fundamentals or principles of criminal law and especially those principles used mainly in pre-trial proceedings. The term "pre-trial proceeding" is explained in chapter five including all of phases and forms of pre-trial proceedings. The core of the thesis is situated into chapter six, which deals with the present legal regulation of preliminary criminal procedure, especially role of the police and prosecuting attorney. In chapter seven there is a brief explanation of shortened preparatory criminal proceedings. In ending chapter I tried to give a summary and I also mentioned some problems of application of current...
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The role of public prosecutor in the preparatory criminal proceedings
Ralevská, Veronika ; Vokoun, Rudolf (advisor) ; Zeman, Pavel (referee)
This thesis focuses on the role of the public prosecutor in the pre-trial criminal proceedings. This issue is very topical, not only because of the long-planned recodification of the criminal justice process, including the Law on the Public Prosecutor's Office, but also due to the increasing media's attention, to the public prosecution aktivity. The work is structured into six consecutive chapters with a logical structure. The introductory part is focused on the development of public prosecution, specifically from the First Worlds War to the Velvet Revolution. The following chapter deals with the basic characteristics of the prosecutor's office, including problematic regulation in the Constitution within the definition of separation of powers in the state. Furthermore, the issues of competence and the system of the prosecutor's office are discussed along with, related definition of the institute of supervision and the authorization of the Supreme Public Prosecutor. The end of the chapter is devoted to the independence of prosecutors and comparison with the function of a judge. Readers will not be denied a chapter dealing with general pre-trial criminal proceedings in general, more specifically the principles that used the most at this stage of the criminal proceedings, as well as the individual...
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Methodology of investigation of the criminal act of robbery
Vrkotová, Alice ; Jelínek, Jiří (advisor) ; Krupička, Jiří (referee)
My thesis entitled "Methodology of investigation of the criminal act of robbery" focuses on the individual steps undertaken by the police from the moment the offence is reported until the prosecution is filed with the state attorney. The main focus of my work is to describe, in the greatest detail possible and with attention to the given practice and formal faultlessness, the most important procedural steps, both in the verification phase, i.e. prior to the commencement of the criminal prosecution, and in the phase of investigation. A particular emphasis is placed on the examination of the crime scene and subsequent criminological evaluation thereof. The thesis comprises six chapters; the therd chapter discusses initial verification acts, from the commencement of the criminal procedure according to section 158, paragraph 3 of the penal code, treatment of the victims, particularly the above mentioned examination of the crime scene. The fourth chapter that discusses investigation is crucial. The chapter outlines the individual steps of the investigator in logical sequence, i.e. decision about the commencement of the criminal prosecution (section 160 of the penal code, interview with the accused and witnesses, criminological examination of the tracks collected at the crime scene or uncovered as part...
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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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Methodology of investigation of the criminal act of robbery
Vrkotová, Alice ; Jelínek, Jiří (advisor) ; Krupička, Jiří (referee)
My thesis entitled "Methodology of investigation of the criminal act of robbery" focuses on the individual steps undertaken by the police from the moment the offence is reported until the prosecution is filed with the state attorney. The main focus of my work is to describe, in the greatest detail possible and with attention to the given practice and formal faultlessness, the most important procedural steps, both in the verification phase, i.e. prior to the commencement of the criminal prosecution, and in the phase of investigation. A particular emphasis is placed on the examination of the crime scene and subsequent criminological evaluation thereof. The thesis comprises eight chapters; the fourth chapter discusses initial verification acts, from the commencement of the criminal procedure according to section 158, paragraph 3 of the penal code, treatment of the victims, particularly the above mentioned examination of the crime scene. Chapter six outlines operative strategy in case the perpetrator or perpetrators are unknown, there are doubts about the identity of the suspects, or, conversely, the police is uncertain about the identity of the suspects and expects that the acts will result in further procedurally usable evidence. Chapter seven describes the detention of the perpetrator of a criminal...
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The role of police in pre-trial proceedings
Konečný, Martin ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
The aims of the thesis is to present an analysis of a group of entities legally referred to as "the Police authorities" at preparatory criminal proceedings and to define the material and local competency of such authorities, also in the context of the contemplated or, as the case may be, already implemented regulation thereof. The purpose of the thesis is to describe specialised departments or sections participating in criminal proceedings in the role of the Police authorities. These efforts are, however, in some cases obstructed by the fact that the needed information is subject to confidentiality according to special law, so it is no available at all or it is only possible to rely on general publicly accessible sources. The thesis also contains a passage focused on the fundamental national legislation in terms of tasks of the Police authorities at criminal proceedings, including a chapter analysing basic procedures applied in terms of international law. The last part of the thesis concentrates on crucial moments of preparatory proceedings, how it is instituted, closed, and on the so-called pre-trial stage. The procedural tasks of the Police authorities at these stages were practically demonstrated on specific samples followed by the Police of the Czech Republic, on the application of which the...
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