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Complaint against a violation of law in criminal matters
Visinger, Radek ; Jelínek, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee) ; Sváček, Jan (referee)
The aim of the present dissertation is to provide the fullest possible legal analysis of the complaint against a violation of law, including its historical and international context, and to endeavour to reflect critically on its current application in practice. In the author's approach, the review of criminal cases on the basis of the files prior to a possible application of this legal remedy is an indispensable object of study. Among other things, the work thoroughly analyzes the applicable grounds for the complaint against a violation of law, its purpose and role in the whole system of extraordinary remedies, and it describes the course as well as the specifics of the Supreme Court proceedings. Standard and optional methods of interpretation are complemented by an empirical examination of the sample of 80 complaints submitted to the Supreme Court, which is aimed at identifying and classifying the alleged flaws and the extent to which there might be an overlap with extraordinary appeal (dovolání). The chosen topic appears to be very timely with regard to the ongoing preparatory legislative work on the new Criminal Procedure Code. The descriptive passages are accompanied by the author's opinions on selected decisions of the Supreme Court and the deficiencies of the current legislation. Taken...
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Extraordinary remedies in criminal proceedings
Fejklová, Lucie ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee)
Remedies in criminal proceedings are designed in particular to remedy and rectify errors and mistakes occurring in the course of the proceeding, and as such serve for the review and rectification of both legal and factual defects. Remedies may be ordinary or extraordinary. Ordinary remedies include appeal, complaint and protest, while extraordinary remedies include extraordinary appeal, complaint for breach of law and renewal of proceeding. The principal prerequisite for the stability of final and enforceable decisions in criminal proceedings is their unchangeability. It is impossible to rule out a serious error, and such a defect in the final and enforceable decision of a law enforcement or judicial body may occur as a result that insisting on its binding and unchangeable nature would disrupt fair and correct decision-making. The finality and enforceability of a decision ought to be pierced in exceptional cases only, and then only when it is necessary and when the stability of the decision cannot be insisted on. Extraordinary appeal was introduced into the Czech legal order by the 2001 amendment to the Criminal Code. This extraordinary legal remedy serves to remedy enumerated defects in the most important types of court decisions, or to review life sentences. Extraordinary appeal can only be used...
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Complaint against a violation of law in criminal matters
Visinger, Radek ; Jelínek, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee) ; Sváček, Jan (referee)
The aim of the present dissertation is to provide the fullest possible legal analysis of the complaint against a violation of law, including its historical and international context, and to endeavour to reflect critically on its current application in practice. In the author's approach, the review of criminal cases on the basis of the files prior to a possible application of this legal remedy is an indispensable object of study. Among other things, the work thoroughly analyzes the applicable grounds for the complaint against a violation of law, its purpose and role in the whole system of extraordinary remedies, and it describes the course as well as the specifics of the Supreme Court proceedings. Standard and optional methods of interpretation are complemented by an empirical examination of the sample of 80 complaints submitted to the Supreme Court, which is aimed at identifying and classifying the alleged flaws and the extent to which there might be an overlap with extraordinary appeal (dovolání). The chosen topic appears to be very timely with regard to the ongoing preparatory legislative work on the new Criminal Procedure Code. The descriptive passages are accompanied by the author's opinions on selected decisions of the Supreme Court and the deficiencies of the current legislation. Taken...
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