|
|
The principle of contradictory in Criminal Proceedings
Michalčíková, Kristina ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
The principle of contradictory in Criminal Proceedings Abstract The diploma thesis deals with the principle of contradictory of criminal proceedings, its various concepts and characteristics, especially its practical manifestations in Czech criminal proceedings. The aim of the work is to provide an insight into possible concepts of this principle, an overview of individual contradictory elements in criminal proceedings and then to draw attention to those elements that rather weaken the principle of contradictory. The work is divided into four chapters. The first chapter deals with the definition of the principle of contradictory. It offers several possible conceptions of this principle presented mainly by Czech authors. The chapter also contains a selection from the case law of the European Court of Human Rights, which ranks the principle of contradictory among the foundations of the right to a fair trial. The case law of the Czech Constitutional Court, which defines principle of contradictory following the example of the Strasbourg court, also corresponds to this. Finally, the chapter deals with the enshrinement of the principle in the current Criminal Procedure Code, but mainly the role of the principle in recodification work on the new Criminal Procedure Code. Chapter two describes some contradictory...
|
|
|
Contradictority in Criminal Proceedings
Vích, Jaroslav ; Mulák, Jiří (advisor) ; Pelc, Vladimír (referee)
IN ENGLISH The purpose of my thesis is to provide an analysis of contradictority in criminal proceedings, particularly the evaluation of contradictority that is protected in penal code and its manifestation within preliminary proceeding and proceeding in court. This thesis tries to summarize the concept of contradictority in criminal proceedings and take the preparation of reform in penal code into consideration. The second chapter defines fundamental differences between inquisitional and adversarial juridical system, from which current juridical system is formed, where the contradictority is applied with some distinctions in meaning. Furthermore, the reading and the concept of contradictority in juridical system in legal study of continental legal system particularly in domestic on is discussed. In this chapter it is also analysed how courts put reading of contradictority and its definition into practice. The final part consists of reform juridical system and its relation to contradictority, especially to its protection by the basic principles in criminal proceedings. Next chapter analyses the scope of the meaning of contradictority and trial principles are attached and used. It is divided according to the aim of the use more precisely it looks into the real condition of the case, defence law and...
|
guest ::
