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Recognition
Košacká, Kristýna ; Konrád, Zdeněk (advisor) ; Dvořák, Marek (referee)
1 Selected aspects of line-up Abstract This diploma thesis introduces line-up as an important and in practice widely used means of evidence. The thesis mainly tries to point out the important problematic and unclear aspects of the legal regulation of line-up and, based on a comparison of our legal regulation with the legal regulation abroad, especially within the United States, to propose a legal regulation de lege ferenda that could contribute to more reliable results of recognition and less interference with the rights of the identified person. The first part of the diploma thesis focuses on the general legal regulation of line-up, with a focus on the line-up performed in natura, especially its nature, phases, principles and different types of line-up. The key part of the thesis analyzes the problematic and unclear aspects of line-up, namely the performance of line-up as a non-repeatable act, the performance of line-up as an urgent act and the obligations of the identified person's in relation to the line- up, with focus on the current legal regulation of these aspects, the opinions of experts and comparison of the current regulation of the given aspects with the legislation in the United States. The final part of this diploma thesis is devoted to possible ways of de lege ferenda legal regulation of...
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Recognition in the Investigation of Crime
Žáková, Lucie ; Čáp, David (referee) ; Štětovská, Iva (referee)
(in English): The thesis " Recognition in the investigation of crime" is studies the interaction and communication of criminal proceeding participants and its influence on the quality of those proceedings on recognition. The theoretical part deals with criminal proceedings such as all the trial requirements and factors which affect police investigation. Rights and responsibilities of all participants of trials are defined. Furthermore, communication, its types and categories and -most of all -its impact on successful police interrogation is examined. In conclusion of the theoretical part we describe the aspects which control the investigation and potential offender recognition. In the empirical part the aim was to find out what impact the quality of instructions has on successful offender recognition in simultaneous and combined format. The empirical part was performed in an experiment. The research participants were devided into categories according to chosen standards. Then they were presented with a video recording of a criminal offence followed by recognition. We targeted at discovering whether the instructions and the way they are given influence the results of recognition.
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Interaction investigator with selected participants of criminal proceedings and its impact on based recognition
Žáková, Lucie ; Boukalová, Hedvika (advisor) ; Gillernová, Ilona (referee)
(in English): The thesis "Interaction of police investigators with selected participants of criminal proceedings and its impact on recognition" is studies the interaction and communication of criminal proceeding participants and its influence on the quality of those proceedings on recognition. The theoretical part deals with criminal proceedings such as all the trial requirements and factors which affect police investigation. Rights and responsibilities of all participants of trials are defined. Furthermore, communication, its types and categories and -most of all -its impact on successful police interrogation is examined. We also mention interpersonal perception. In the theoretical part of the thesis a lot of attention is devoted to the personality of police investigators and to significant characteristics which form the foundation of police profession. In conclusion of the theoretical part we describe the aspects which control the investigation and potential offender recognition. In the empirical part the aim was to find out what impact the quality of instructions has on successful offender recognition. The empirical part was performed in an experiment. The research participants were devided into categories according to chosen standards. Then they were presented with a video recording of a...
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Special methods of evidence in criminal proceedings - confrontation, recognition, investigative experiment
Hanák, Milan ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
Special Methods of Evidence in Criminal Proceedings - Confrontation, Recognition, Investigative Experiment Abstract The thesis deals with special methods of evidence in criminal proceedings, which are confrontation, line-up, investigative experiment, investigative reconstruction and on-site clearance. These all methods are anchored in Czech Criminal Procedure Code. Introductory part of the thesis describes evolution of special methods of evidence in criminal proceedings and in criminology too. The author discusses differences between procedural action and forensic practice. The thesis also describes legal regulation of the issue in historical context. It focus on face to face confrontation, line-up and investigative experiment. Each part of the thesis contains introduction with definition, then particularities of subject matter, practical use and the most frequent problems in investigation. The parts named line-up and investigative experiment also include a selected case report of these methods of evidence in criminal proceedings. Part called Confrontation among the other things deals with principles of confrontation and participants of confrontation. This part also describes previous interrogation of confronted persons, documentation of confrontation, application of some provisions of the Criminal...
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Human Line-up in Criminal Proceedings
Dvořák, Marek ; Jelínek, Jiří (advisor) ; Bruna, Eduard (referee) ; Musil, Jan (referee)
1 ABSTRACT DISSERTATION Human Line-up in Criminal Proceedings The thesis deals in detail with the human line-up in criminal proceedings, which is not only a traditional method of practical activity of police investigators, but with effect from 1st January 2002 also a separate criminal procedural step regulated in § 104b of the Penal Procedure Code as one of the special means of the taking of evidence. At the same time, it is necessary to reflect the fact that the quintessence of line-up is a psychological process of reconnaissance based on a comparison of a previously perceived person (retroactively equipped from a memory trace in the form of an idea/image) with currently perceived persons. The purpose of this procedure is primarily individual identification. The whole act, in which the rights and interests of individuals are logically in conflict, also reflects a large number of variables both on the part of the system of criminal justice (system variables) and on the side of circumstances of the criminally relevant event and of the persons themselves (estimator variables). Many of the variables cannot be objectively assessed. In addition, foreign retrospective reviews of cases clearly show a significant error of eyewitness testimony, which implies a high risk of convicting innocent persons if they fall...
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Recognition
Mufová, Alžběta ; Konrád, Zdeněk (advisor) ; Krupička, Jiří (referee)
The following thesis explores the obtaining of evidence during criminal proceedings via a line-up technique which is listed in section 104b, Act No. 141/1961, Criminal Procedure Code. The chosen topic is reviewed in its complexity from several different angles including theoretical aspects and my own personal experience. The thesis concentrates on a line-up of subjects in natura, problems associated with the procedure and offers possible solutions on how to face the given problems. In the first chapter the thesis provides general definition of a line-up and its variations and remaining subchapters to the possibility of its urgency and unrepeatability as well as to the question whether an object must participate. Next it follows the historical development of line-ups, offers views both current and historical on the practice as a method of criminal evidence gathering and explores the fact that it has only recently become part of the Criminal Procedure Code. This is opposed to being considered, as was the case for a long time, as a specific kind of interrogation, a view that can still be found among some theorists up to this day. In the next two chapters, a line-up is compared to other methods of criminal evidence that are part of the Criminal Procedure Code and the thesis also takes a closer look at...
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Line-up in criminal proceedings
Rešlová, Anna ; Pelc, Vladimír (advisor) ; Galovcová, Ingrid (referee)
Line - up in criminal proceedings Abstract This rigorous thesis deals with the topic of a police line-up in the context of criminal law, which is closely specified in the Section 104, subsection b) of Act No. 141/1961 Coll., On Criminal Procedure (Criminal Procedure Code). This thesis looks at the police line-up from the perspective of the criminal law as well as the investigation perspective, plus it points out several psychological aspects of this procedural act, namely the memory tracks. The goal of this rigorous thesis is to provide critical analysis of the current status of the police line-up from the statutory provisions point of view, as well as from the perspective of the correctness and efficiency of the procedures in place. The aim is to answer the question whether the de lege lata regulation meets the requirements of modern criminal procedural law. The first part of this thesis focuses on the police line-up as a special form of identification, including the issue of memory tracks including its unique features. Further, it covers understanding of the police line-up from the criminal law perspective, meaning it deals with the term "line-up" as such and with the historical development of this procedural act, including summary of several theoretical definitions that are the most often represented in...
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Recognition
Veselá, Veronika ; Konrád, Zdeněk (advisor) ; Krupička, Jiří (referee)
- Recognition The recognition as a separate criminalistic method serves to identification of persons, things or animals linked to a criminally relevant event. The recognition is also procedural act regulated in a separate section of Criminal Procedure Code called Some specific methods of evidence. This classification, which has come into effect in 2002, shows that the importance and significance of the recognition can't be underestimated and in addition to the theoreticians it comes to the forefront of the legislature's attention. The thesis is divided into six chapters and each of them deals with the recognition from another point of view. In total, they cover the most important aspects of the recognition. The first chapter is devoted to a theoreticall introduction to the topic of recognition, its definiton, description of its essence as well as to an individual types of recognition, defining the basic differences between all mentioned types. This chapter also includes the theoreticall inclusion of this institute into a criminalistic science. The second chapter includes the constitution of the recognition from the oldest sources to the current legislation in the Criminal Procedure Code - mainly the section 104b and its eight paragraphs which constitute the most fundamental rules which must be...
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Special methods of evidence in criminal proceedings - confrontation, recognition, investigative experiment
Hanák, Milan ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
Special Methods of Evidence in Criminal Proceedings - Confrontation, Recognition, Investigative Experiment Abstract The thesis deals with special methods of evidence in criminal proceedings, which are confrontation, line-up, investigative experiment, investigative reconstruction and on-site clearance. These all methods are anchored in Czech Criminal Procedure Code. Introductory part of the thesis describes evolution of special methods of evidence in criminal proceedings and in criminology too. The author discusses differences between procedural action and forensic practice. The thesis also describes legal regulation of the issue in historical context. It focus on face to face confrontation, line-up and investigative experiment. Each part of the thesis contains introduction with definition, then particularities of subject matter, practical use and the most frequent problems in investigation. The parts named line-up and investigative experiment also include a selected case report of these methods of evidence in criminal proceedings. Part called Confrontation among the other things deals with principles of confrontation and participants of confrontation. This part also describes previous interrogation of confronted persons, documentation of confrontation, application of some provisions of the Criminal...
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Line-up
Janulková, Kateřina ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
This rigorous thesis analyzes line-up, which introduces a frequent procedural act and one of the basic criminological-tactical methods. The thesis considers line-up as a very important evidence from the perspective of Criminal Procedure Law and criminology. Line-up is also a very specific act because the process of rebuilding takes place in human brain and can not be controlled or verified in any way. All these characteristics increase the requirements for proper preparation and execution of line-up. The rigorous thesis also points out the fact that line-up is an important procedural act even in cases where identification is not achieved or the result of a line-up is not credible, as such result can be used for further investigative procedures. The aim of the thesis is to comprehensively and clearly analyze the issues of line-up and to analyze if the current law regulation corresponds with importance of this procedural act. Further, the aim of the thesis is to analyze the process of line-up and its correctness and effectiveness. Relating to these aims, the thesis points out especially significant problems, imperfections and confusion associated with line-up and focuses on possible ways of their elimination. The first part of the rigorous thesis focuses on general knowledge of line-up, types of...
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