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Verification Procedure in Preliminary Proceeding
Linhart, David ; Heranová, Simona (advisor) ; Šelleng, Dalibor (referee)
Verification Procedure in Preliminary Proceedings Abstract This diploma thesis covers the verification procedure, that is the first of the two phases of the stage of criminal proceedings referred to as preliminary proceedings. The goal of the thesis is to provide a comprehensive explanation of the verification procedure, its course, as well as the selected entities involved in it. In the relevant passages related to the selected institutes of the verification procedure, the author defines the rules resulting from other legal regulations, judicial conclusions or conclusions of the professional public beyond the scope of the legal regulation contained in the Criminal Procedure Code. In this context, the author identifies, in relation to the selected institutes, the partial shortcomings of the current legislation, which are being compared with the legislation contained in the current draft of the new Criminal Procedure Code, which is the unfinished result of the efforts to recodify criminal procedural law. The first part of this thesis presents an introduction to the topic and discusses the issue of criminal proceedings, its purpose, and its division into individual stages. Within the individual stages of criminal proceedings, the stage of preliminary proceedings, its internal division, and its forms are...
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Participation of a defense attorney in preliminary procedure
Dvořáčková, Eva ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The right to have the assistance of defense attorney and to consult with him the way of defense is a part of the right of defense - a basic right in democratic countries, which is expressed in article 40 of Charter of Fundamental Rights and Basic Freedoms and also in various international treaties. The function of defense attorney in the criminal proceedings is irreplaceable. He provides legal aid though all stages of criminal procedure, but I concentrate on his role in preliminary procedure. The defense attorney defends his client from the beginning of criminal prosecution, but advocate can render help even before the criminal prosecution starts, during providing explanation. A right of defense attorney to search out evidence, present evidence and put it forward belongs among the means, which a defense attorney can use to defend his client and affect the course of criminal proceeding. Another right of defense attorney is to participate in the investigative act and the right to see the criminal file. Other rights of the defense counsel are listed in §41 of the criminal procedure code. My thesis is divided into six chapters. The first chapter deals with the right of fair trial and a right of defense. The following chapters describe preliminary procedure and the role of defense attorney in particular forms of...
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The role of the police authority in pre-trial
Bauer, Petr ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
V ANGLICKÉM JAZYCE This thesis solves the role of the police authority in criminal pre-trial. Its object is to present the pre-trial stage of criminal proceedings, it is the pre-trial proceedings. As a longtime police officer, for whom criminal proceedings are for many years the main job, I wanted to do a detailed analysis of this phase of the criminal proceedings and to point out to the weaknesses of the current legislation and simultaneously bring the forward possible solutions to these gaps with appropriate arguments. I worked the stage of the preparatory proceedings in chronological order from the pre- prosecution to the phase of the investigation which occurs after the commencement of prosecution.In a separate chapter we find a treatise on the special form of pre-trial proceedings, when we speak of summary proceedings. All of these chapters I processed from the perspective of current legislation. The current legislation contains several drawbacks, which I pointed out in my rigorous thesis and I submitted proposals for changes that would correct these deficiencies. The thesis culminates with the chapter "consideration of possible changes in the preliminary proceedings de lege ferenda", where I dealt with the issue of exigent and unrepeatable acts, where as a policeman I perceive potential risks...
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Participation of a defense attorney in preliminary procedure
Dvořáčková, Eva ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The right to have the assistance of defense attorney and to consult with him the way of defense is a part of the right of defense - a basic right in democratic countries, which is expressed in article 40 of Charter of Fundamental Rights and Basic Freedoms and also in various international treaties. The function of defense attorney in the criminal proceedings is irreplaceable. He provides legal aid though all stages of criminal procedure, but I concentrate on his role in preliminary procedure. The defense attorney defends his client from the beginning of criminal prosecution, but advocate can render help even before the criminal prosecution starts, during providing explanation. A right of defense attorney to search out evidence, present evidence and put it forward belongs among the means, which a defense attorney can use to defend his client and affect the course of criminal proceeding. Another right of defense attorney is to participate in the investigative act and the right to see the criminal file. Other rights of the defense counsel are listed in §41 of the criminal procedure code. My thesis is divided into six chapters. The first chapter deals with the right of fair trial and a right of defense. The following chapters describe preliminary procedure and the role of defense attorney in particular forms of...
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