|
|
Participation of the defense attorney in the preliminary proceeding
Francová, Lucie ; Heranová, Simona (advisor) ; Tlapák Navrátilová, Jana (referee)
Participation of the defense attorney in the preliminary proceeding Abstract The right of defense is one of the most important fundamental rights of a person against whom criminal proceedings are conducted. It can be defined as a set of rights which the law gives to a person in order to enable him or her to defend himself or herself effectively against the charges brought against him or her and to protect his or her rights and interests in criminal proceedings. The person against whom criminal proceedings are brought must be clearly informed of his or her rights at every stage of the proceedings and must be able to exercise them fully. The right of defense consists of several components. It includes the right to defend oneself in the proceedings by the means of one's own choice, the right to choose a defense attorney and to consult him on the manner of defence, and the right to require the criminal proceedings authorities to proceed in such a way as to establish the facts of the case beyond reasonable doubt and to the extent necessary for a decision. This diploma thesis is divided into an introduction, three parts and a conclusion. The first part of the diploma thesis deals with the legal regulation of the right of defense and the content of the principle of the right of defense. The second part of the...
|
|
|
Military Police in preliminary proceeding - regulation in legislation and bylaws
Malý, Václav ; Vokoun, Rudolf (advisor) ; Tejnská, Katarína (referee)
Military Police in preliminary proceeding - regulation in legislation and bylaws Abstract The Military Police is a significant and specific police body. Recent statutory amendments have substantially bolstered the function of the Military Police in criminal proceeding. The significance of the Military Police is raised as well thanks to increased investments in the Armed Forces and overall in the Ministry of Defense. There is a lack of theses or specialist reports concerning the legal status of the Military Police in criminal proceeding. The main source of information concerning the legal status of the Military Police in the before- court phase of criminal proceeding or preliminary proceeding is the legislation; particularly an analysis of the Criminal Code and the Military Police Act. However, such information is not complete. Information concerning application of the legislation may be gained by analysis of the Military Police bylaws and by the comparison of legislation and bylaws. The Military Police bylaws had not been analyzed in a thesis until now. Thus, this thesis brings a unique view into the functioning and operation of this police body. The goals of this thesis are as follows: The main goal is to provide a complete overview regarding the legal status of the Military Police. That means to describe...
|
|
|
Participation of barrister in preliminary proceeding
Franc, Tomáš ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Participation of barrister in preliminary proceeding Abstract (ENG) The right of defense I one of the fundamental human rights and one of the most important rights connected with the right to judicial and other protection granted to each person by the Charter of fundamental rights and freedoms. The right of defense includes the right of everyone to defend himself, the right for proceeding of law enforcement authorities, which will ascertain the real situation without reasonable doubt and in particular the right to have and to consult with the barrister. Pursuant to section 35 subsections 1 of the code of criminal procedure, only an attorney, who can be represented by a trainee for individual acts of criminal proceedings, may be the barrister in criminal proceedings. The code of criminal procedure presupposes that the person, which is prosecuted, chooses his or her barrister. In the event that the barrister is not chosen by the accused, although he must have him according to the law, the barrister will be appointed for the duration of the reasons for the necessary defense. Cases of necessary defense are laid down in section 36 of the code of criminal procedure. They are for example proceedings against and accused in custody or proceedings against a fugitive. Barrister's basic rights and obligations are laid...
|
|
|
Interim Measures in Contentious Proceeding
Pelcová, Zuzana ; Frintová, Dita (advisor) ; Pohl, Tomáš (referee)
Interim Measures in Contentious Proceeding Abstract This thesis deals with the interim measures in the civil contentious proceeding, aimed to provide temporary protection of a compromised or violated right as soon as possible in compliance with the requirements of the right to judicial protection and fair trial. The first chapter of this thesis is dedicated to defining the term, purpose and types of interim measures in the civil procedure. The second chapter summarizes the historical development within the Czech Republic from 18th century up to the present. The third chapter is devoted to interim measures proceeding as a foundation of this thesis, where the various stages of the interim measures proceeding are analysed in depth. Firstly, attention is focused on the fulfilment of the proceedings' conditions, interim measures requirements, examining the proposal for proceedings' initiation and specific course of such proceeding. Afterwards, the delivering of the decision, the remedies against it and damages are examined. The fourth chapter deals with the questionable aspects of the interim measures proceeding resulting from the detailed analysis with respect to the requirement of the fair trial. Subsequently, the Czech legislation is compared to the German and Slovak legislation. The last chapter of this...
|
|
|
Military Police in preliminary proceeding - regulation in legislation and bylaws
Malý, Václav ; Vokoun, Rudolf (advisor) ; Tejnská, Katarína (referee)
Military Police in preliminary proceeding - regulation in legislation and bylaws Abstract The Military Police is a significant and specific police body. Recent statutory amendments have substantially bolstered the function of the Military Police in criminal proceeding. The significance of the Military Police is raised as well thanks to increased investments in the Armed Forces and overall in the Ministry of Defense. There is a lack of theses or specialist reports concerning the legal status of the Military Police in criminal proceeding. The main source of information concerning the legal status of the Military Police in the before- court phase of criminal proceeding or preliminary proceeding is the legislation; particularly an analysis of the Criminal Code and the Military Police Act. However, such information is not complete. Information concerning application of the legislation may be gained by analysis of the Military Police bylaws and by the comparison of legislation and bylaws. The Military Police bylaws had not been analyzed in a thesis until now. Thus, this thesis brings a unique view into the functioning and operation of this police body. The goals of this thesis are as follows: The main goal is to provide a complete overview regarding the legal status of the Military Police. That means to describe...
|
|
|
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...
|
|
|
The influence of compensations for damages occurring during tax administrative procedure on administrative expenses
Divišová, Tereza ; Vančurová, Alena (advisor) ; Pšurná, Pavla (referee)
This diploma thesis deals with compensation for damages occurring during tax administrative procedure due to maladministration or unlawful decisions. The main aim of this thesis was to disclose influence of compensations for damages and administrative expenses of compensation procedure to the state's budget. Thesis concerns legal frame of compensations for damages, the first part of the compensation procedure which is held by the Ministry of Finance of the Czech Republic, specifically analysis of number of submitted applications for compensation, extent of acknowledged compensations and the most frequent reasons for acknowledgement of compensation. Further thesis deals with court proceedings and recourse against civil servants, which are eligible of causing damages. Significant part of thesis focuses to the estimation of administrative expenses spent in connection with compensation procedure and compares these expenses in years 2010 and 2011 considering the change in organization of state administration since 1. 1. 2011.
|
guest ::
