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Means of Substitution of Custody
Horsák, Tomáš ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
This thesis deals with the topic of means of substitution of custody. These means are milder than a custody itself which out of all the securing institutes of criminal procedural law can interfere with the rights of the individual in a most severe way. Custody must always be duly substantiated and applied only when necessary. Even if the custody of the accused is fully justified by legal facts, it is still necessary, in accordance with the exceptional nature of this institute, to examine whether it cannot be replaced by more lenient measures that can fulfil its purpose and at the same time are less restrictive in terms of basic human rights. The aim of my work is to examine such means of substitution of custody. The work is divided into four chapters. In the first chapter I characterize the institute of custody, its purpose and the reasons for which the accused can be taken into custody. This is the basis for other parts of this thesis, as the substitution of custody is linked to the custody itself inextricably. In the second chapter I follow the gradual development of substitution of custody. With the gradual increase in the level of basic human rights and freedoms, means of substitution of custody have been added accordingly. The chapter contains these developments from 1918 to present. The historical...
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Current issues of custody within Czech criminal proceedings
Benediktová, Eliška ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
Current issues of custody within Czech criminal proceedings Abstract This submitted thesis describes custody's current issues within Czech criminal proceedings. The custody is an established and irreplaceable institute that has been for a long time a traditional part of criminal proceedings. Due to the nature of this institute, representing a major interference with personal freedom of the individual, it is still widely discussed not only by experts but also attracts the attention of the general public. The thesis itself consists of five consecutive chapters. The first chapter defines the concept and purpose of the custody, considering its basic principles. The following second chapter includes a brief description of custody's historical development in the Czech Republic, but the chapter also serves as an introduction to understanding the current legislation. In addition, the valid regulation is the one of 1961, which has undergone several changes since its adoption. The third chapter deals with the material concept of custody law, i.e. the legal conditions for the custody imposition and the analysis of individual reasons for it, trying to capture the bottlenecks of the related law. The fourth chapter describes some aspects of formal custody law, which characterizes the processes of authorized bodies in...
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Electronic control system as an alternative to custody
Homolová, Karolína ; Bohuslav, Lukáš (referee)
Electronic control system as an alternative to custody Abstract In the framework of the criminal justice process, the scope of using technical means through electronic monitoring is worldwide very extended indeed, being applicated in all stages of criminal proceedings. Although the most frequent manner while analysing the electronic control is the house arrest or release from imprisonment by conditional parole, electronic monitoring system finds its purpose also in pre-trial detention. Arrest is intended to be an exceptional institute of criminal proceedings, only to be used as necessary and proportionate measure and in compliance with the presumption of innocence and the constitutional right to personal freedom. In accordance with this concept, it is necessary to consider all time in the duration of custody whether the reasons for pre-trial detention still last and whether it would not rather be replaced by some alternative. The first electronic monitoring permanent program was launched in Czech republic in September 2018, so we have only a few experiences in this field so far. The aim of this paper is to identify some best practices to enhance the effectiveness of electronic monitoring as an alternative to custody in the Czech legal order and also to propose an amendments to the legislation of this...
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Electronic control system as an alternative to custody
Homolová, Karolína ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
Electronic control system as an alternative to custody Abstract In the framework of the criminal justice process, the scope of using technical means through electronic monitoring is worldwide very extended indeed, being applicated in all stages of criminal proceedings. Although the most frequent manner while analysing the electronic control is the house arrest or release from imprisonment by conditional parole, electronic monitoring system finds its purpose also in pre-trial detention. Arrest is intended to be an exceptional institute of criminal proceedings, only to be used as necessary and proportionate measure and in compliance with the presumption of innocence and the constitutional right to personal freedom. In accordance with this concept, it is necessary to consider all time in the duration of custody whether the reasons for pre-trial detention still last and whether it would not rather be replaced by some alternative. The first electronic monitoring permanent program was launched in Czech republic in September 2018, so we have only a few experiences in this field so far. The aim of this paper is to identify some best practices to enhance the effectiveness of electronic monitoring as an alternative to custody in the Czech legal order and also to propose an amendments to the legislation of this...
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Means of Substitution of Custody
Gantnerová, Anna ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
91 Abstract - Means of substitution of custody The topic of this thesis are the means of substitution of custody. The institute of custody is a very actual topic that is developing dynamically and is still controversial. Thanks to both domestic and international courts, the standard of protection of basic human rights keeps increasing and custody is therefore considered an extreme securing measure that can only be used in case there are no usable milder means. The aim of this thesis is to introduce these means of substitution of custody, stating their issues in theory and in praxis, their critical evaluation and suggestions de lege ferenda. The first chapter of this thesis focuses on general characteristics of custody and conditions of its use. The first chapter is a crucial part of the thesis as the means of substitution of custody directly relate to the institute of custody itself. The second chapter of this thesis focuses on the development of individual means of substitution of custody. It is a rather brief overview of the most significant amendments to legislation. In the author's opinion though, to correctly understand the current legislation concerning means of substitution of custody, it is necessary to be aware of the historical context of the establishment and use of these means. The third and...
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Problems of the institute of custody
Hlaváč, Marek ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
v anglickém jazyce Problems of the institute of custody This thesis focuses on the problems of custody in the Czech legal system. This dilemma belongs to the branch of criminal law and is regulated by the Rules of Criminal Procedure. Custody is one of the penal provisory instruments. Custody serves to guarantee the attendance of the accused at criminal proceedings because the accused can be interested in the absent from the criminal procedure. It is a manifestation of coercive authority of body active in criminal procedure on the basis of the Rules of criminal procedure. The purpose of custody is to protect society or particular individuals from serious offences. An accused can only beput in custody if there are reasonable grounds for believing that he will attempt escape,affect witnesses, expert witnesses or co - defendants or that he will continue to commit acrime or perpetrate a further crime. According to these three situations we distinguish three types of custody namely runaway custody, collusive custody and preventive custody. Main focus of this thesis is to shine a light on problems that appeared during the time in the topic of custody. For this I used a statistical data from the institution that have something to do in procedure of the custody. Especially Prison service of the Czech...
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