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The Issue of Pre-trial Detention in Criminal Procedure
Spourová, Dominika ; Tlapák Navrátilová, Jana (advisor) ; Mulák, Jiří (referee)
The Issue of Pre-trial Detention in Criminal Procedure This thesis deals with the topic of pre-trial Detention. The main focus is on the analysis of the interference with the rights to personal freedom of a person. This procedural institution restricts the freedom of a person who has not yet been found guilty; therefore, when implementing it, the principle of ultima ratio must be carefully observed. However, this fundamental requirement is not always respected, which is why this thesis seeks to provide a perspective on the issue of detention not only in terms of legal regulation but also in terms of application practice. The work is divided into eight chapters. Taking into account the long tradition of the link in the territory of the present Czech Republic, the first chapter summarizes the historical development essential for putting the whole issue into context. The most important part of this chapter is devoted to the period from 1950 to the present. The second chapter describes the general features of pre-trial detention, especially conditions and principles under which can be pre-trial detention applied, focusing on the principle of the presumption of innocence and the limits of the restriction of personal liberty. In order for an accused to be lawfully detained, the material conditions of...
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The continuation of pre-trial detention
Fišerová, Veronika ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
The continuation of pre-trial detention Abstract The rigorous thesis deals with the much-discussed institute of the criminal proceeding, namely the pre-trial detention, especially with regard to its continuation, course. The personal freedom is one of the most important and most often infringed human rights in our environment, unlike other highest important rights (e.g. the right to life, the prohibition of torture, etc.). The pre-trial detention is following the imprisonment the most serious of these interventions, even when there is no final conviction and the principle of the presumption of innocence fully applied. The main issue of the pre-trial detention is a number of conditions that must be met so the person could be taken into the detention and subsequent decision on its further continuation could be made. The whole situation is further complicated by the fact that these conditions are not only contained in the Criminal Procedure Code, but also in the European Convention on Human Rights and Fundamental Freedoms and especially in the case law of the Constitutional Court and the European Court of Human Rights. The primary goal of this thesis is to state all these conditions in one place, with an emphasis on deciding on the further continuation of the pre-trial detention. The pre-trial detention is...
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The Issue of Pre-trial Detention in Criminal Procedure
Prokůpek, Jan ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
The Issue of Pre-trial Detention in Criminal Procedure This thesis deals with the topic of the institute of pre-trial Detention. Personal freedom is a fundamental human right, but it is not unlimited. It is the detention that significantly affects this right. Both in the case of legislative process and in the application of legal instruments, it is necessary to insist on the greatest possible emphasis on the rights of persons against whom criminal procedure is being conducted. The thesis is divided into eight chapters. The first chapter describes the general features of detention, especially the concept of detention, the conditions under which detention can be applied and the principles influencing the detention. The second chapter deals with the international and constitutional legal framework of detention. Topics of presumption of innocence and limits of restriction of personal freedom. The third part is devoted to a summary of the historical development of the detention in the Czech lands from the 19th century to the present day. Chapter four is focused on material aspect of law concerning detention. The individual reasons for detention are discussed, as well as the institutes alternative to detention. Special mention is given to electronic control in cases where the detention was replaced by...
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The issues of pre-trial detention in criminal procedure
Klimešová, Barbora ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
- The issue of pre-trial detention in criminal procedure The topic of this diploma thesis is the issue of pre-trial detention in criminal procedure. The institute can be described as a securing institute of criminal procedural law that significantly affects the right to personal freedom of the individual, which conflicts with other human rights. In light of these violations of fundamental rights, it is not surprising that the institute is often discussed and is thus a sensitive topic. It is therefore often the subject of disputes, which are held in front of the Constitutional Court of the Czech Republic and other international courts. This thesis is divided into six chapters, wherein, the first part deals with the description of the institute of pre-trial detention itself, and discusses the principles that are related to it. The second chapter briefly describes the historical development of the institute of pre-trial detention on the territory of the Czech Republic since 1961, when the new Criminal Procedure Code was adopted. It emphasises the amendments No. 265/2001 Coll., and No. 459/2011 Coll., which both brought a significant change in the legal system of pre-trial detention. The third chapter focuses on the existing legislation based on case law in the Czech Republic and international courts....
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