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Institutions in favorem defensionis
Kočka-Amort, Václav ; Gřivna, Tomáš (advisor) ; Mulák, Jiří (referee)
This thesis deals with the favores defensionis as a part of Czech criminal procedure. These institutes traditionally include, for example, prohibition of reformatio in peius, beneficium cohaesionis, the recurrence of a time-limit, the defendants's right of the last word, the order of closing arguments and some others. This topic is not typical for the Czech legal literature. There are some articles about specific institutes, but there is no law paper that would deal with the favores defensionis in general. The main aim of this thesis is to describe what the favores defensionis are, which form they take in the Czech law and how they should be regulated in the new Czech criminal procedure. The fundamental question of the thesis is whether the favores defensionis need recodification. The thesis is composed of seven chapters. The first four describe legal regulation de lege lata, the following three chapters discuss de lege ferenda. Chapter One describes the reflection of favores defensionis in the Czech legal literature and defines the concept of favor defensionis. Chapter Two characterises specific institutes which fall under the favores defensionis. Chapter Three focuses on the relationship between the favores defensionis and some of the basic principles of the Czech criminal procedure. Chapter Four...
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The prohibition of the reformationis in peius in administrative criminal law
Mrázková, Tereza ; Vedral, Josef (referee)
This master's thesis deals with the modern development of the prohibition of reformationis in peius principle in the area of administrative punitive law, in particular in the area of administrative offenses. Although Act No. 250/2016 Coll. has removed the undesirable and criticized "double-track" application of the prohibition of reformatio in peius in the area of administrative punitive law, other difficulties related to the principle in question have not completely disappeared; on the contrary, new legislation has made the situation more difficult in some respect. The main aim of the thesis is to critically analyse this principle in light of the new Act No. 250/2016 Coll. and to assess the impact of the new Act on the administrative practice. The thesis is systematically divided into seven chapters. The first chapter explains general theoretical questions related to the principle in question. The following section describes its constitutional and international basis. The third chapter thoroughly examines the modern development of this principle in the Czech Republic. The content and scope of the prohibition of reformatio in peius in proceedings under Act No. 200/1990 Coll. And in proceedings under Act No. 500/2004 Coll. are being analysed with regard to the conclusions provided by legal academia...
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The prohibition of the reformationis in peius in administrative criminal law
Mrázková, Tereza ; Vedral, Josef (referee)
This master's thesis deals with the modern development of the prohibition of reformationis in peius principle in the area of administrative punitive law, in particular in the area of administrative offenses. Although Act No. 250/2016 Coll. has removed the undesirable and criticized "double-track" application of the prohibition of reformatio in peius in the area of administrative punitive law, other difficulties related to the principle in question have not completely disappeared; on the contrary, new legislation has made the situation more difficult in some respect. The main aim of the thesis is to critically analyse this principle in light of the new Act No. 250/2016 Coll. and to assess the impact of the new Act on the administrative practice. The thesis is systematically divided into seven chapters. The first chapter explains general theoretical questions related to the principle in question. The following section describes its constitutional and international basis. The third chapter thoroughly examines the modern development of this principle in the Czech Republic. The content and scope of the prohibition of reformatio in peius in proceedings under Act No. 200/1990 Coll. And in proceedings under Act No. 500/2004 Coll. are being analysed with regard to the conclusions provided by legal academia...
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The prohibition of the reformationis in peius in administrative criminal law
Mrázková, Tereza ; Prášková, Helena (advisor) ; Svoboda, Petr (referee)
This master's thesis deals with the modern development of the prohibition of reformationis in peius principle in the area of administrative punitive law, in particular in the area of administrative offenses. Although Act No. 250/2016 Coll. has removed the undesirable and criticized "double-track" application of the prohibition of reformatio in peius in the area of administrative punitive law, other difficulties related to the principle in question have not completely disappeared; on the contrary, new legislation has made the situation more difficult in some respect. The main aim of the thesis is to critically analyse this principle in light of the new Act No. 250/2016 Coll. and to assess the impact of the new Act on the administrative practice. The thesis is systematically divided into seven chapters. The first chapter explains general theoretical questions related to the principle in question. The following section describes its constitutional and international basis. The third chapter thoroughly examines the modern development of this principle in the Czech Republic. The content and scope of the prohibition of reformatio in peius in proceedings under Act No. 200/1990 Coll. And in proceedings under Act No. 500/2004 Coll. are being analysed with regard to the conclusions provided by legal academia...
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