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Counsel in the Criminal proceedings
Zaorálek, Ondřej ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
-1- Abstract Counsel in the Criminal Proceedings: The objective of our Diploma Thesis is to analyze the currently valid law governing the counsel's position in the criminal proceedings, to evaluate its sufficiency or insufficiency and to provide views and proposals in the sense of 'de lege lata' and 'de lege ferenda', focusing more in detail upon some partial aspects which are closely related to the counsel's position during the criminal proceedings. Good quality law system relating to the counsel's position in the criminal proceedings, his/her process rights and obligations is an assumption for meeting the criminal proceedings purpose and is reflected in the possibility to provide to the accused efficient legal counselling and thus meet the accused person's right of defence and fair trial (process) which is guaranteed by the Constitution. The counsel as an actor operating in the criminal proceedings plays a significant role in enforcing the rights and justified interests of the accused. The counsellor masters the legal argumentation, strategy and tactics of the defence, is able to better formulate ideas, to draw ideas from the experience gained in former law suits, whilst for the accused person his/her position is entirely new and unknown, many time it is the first experience in life. The competent counsel...
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Counsel in the Criminal proceedings
Zaorálek, Ondřej ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
-1- Abstract Counsel in the Criminal Proceedings: The objective of our Diploma Thesis is to analyze the currently valid law governing the counsel's position in the criminal proceedings, to evaluate its sufficiency or insufficiency and to provide views and proposals in the sense of 'de lege lata' and 'de lege ferenda', focusing more in detail upon some partial aspects which are closely related to the counsel's position during the criminal proceedings. Good quality law system relating to the counsel's position in the criminal proceedings, his/her process rights and obligations is an assumption for meeting the criminal proceedings purpose and is reflected in the possibility to provide to the accused efficient legal counselling and thus meet the accused person's right of defence and fair trial (process) which is guaranteed by the Constitution. The counsel as an actor operating in the criminal proceedings plays a significant role in enforcing the rights and justified interests of the accused. The counsellor masters the legal argumentation, strategy and tactics of the defence, is able to better formulate ideas, to draw ideas from the experience gained in former law suits, whilst for the accused person his/her position is entirely new and unknown, many time it is the first experience in life. The competent counsel...
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