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Ensuring the participation of persons in criminal proceedings
Šmahelová, Michala ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
Ensuring the participation of persons in criminal proceedings The thesis provides a comprehensive account of the individual institutions of criminal procedure through which authorities involved in criminal proceedings ensure the participation of persons whose presence is essential for successfully conducting criminal proceedings. After a brief introduction, the first, most detailed chapter discusses all the procedural steps used to ensure the participation of the principal subject of criminal proceedings, namely the accused. In accordance with the basic principles of criminal procedure, particularly the principles of proportionality, restraint and subsidiarity, the discussion first focuses on less severe precautionary measures, that is summons, presentation, disciplinary fine and prohibition on foreign travel. The main part of the chapter is devoted to precautionary measures that place limitations on fundamental rights and freedoms, namely the personal liberty of the accused. These are detention, arrest and custody. The section on custody summarizes the legal conditions of custody and discusses in more detail the individual grounds of custody, the legal provisions regarding the decision process on custody and the examination of the existence of custody grounds. The pertinent case law is duly taken...
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The issues of pre-trial detention in criminal procedure
Klimešová, Barbora ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
- The issue of pre-trial detention in criminal procedure The topic of this diploma thesis is the issue of pre-trial detention in criminal procedure. The institute can be described as a securing institute of criminal procedural law that significantly affects the right to personal freedom of the individual, which conflicts with other human rights. In light of these violations of fundamental rights, it is not surprising that the institute is often discussed and is thus a sensitive topic. It is therefore often the subject of disputes, which are held in front of the Constitutional Court of the Czech Republic and other international courts. This thesis is divided into six chapters, wherein, the first part deals with the description of the institute of pre-trial detention itself, and discusses the principles that are related to it. The second chapter briefly describes the historical development of the institute of pre-trial detention on the territory of the Czech Republic since 1961, when the new Criminal Procedure Code was adopted. It emphasises the amendments No. 265/2001 Coll., and No. 459/2011 Coll., which both brought a significant change in the legal system of pre-trial detention. The third chapter focuses on the existing legislation based on case law in the Czech Republic and international courts....
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Cassation and appeal in the criminal procedure code
Boledovičová, Zdeňka ; Hořák, Jaromír (advisor) ; Herczeg, Jiří (referee)
- Cassation and appeal in the criminal procedure code The subject of my thesis is a cassation and appeal principle used during a criminal proceedings. Both principles control criminal proceedings within the meaning of determination of the appeal body jurisdiction, especially how to treat a first instance judgement that is opposed to a factual or legal flaws. Current legal regulation tends to apply the appeal principle with a restricted appeal elements and in compliance with the factual intentions of a legal code. This trend will continue in the future as this approach is implemented in the forthcoming legal code provisions. The thesis is divided into five chapters. The first chapter present the historical excursus of the Czech judicature evolution. It presents difference between civil and criminal law. The second chapter discuss a legal remedy system and is mainly focusing to define terms such as appeal, cassation and revision. The aim is to clarify the legal remedy principles and also to explain the purpose of reviewing procedure during a criminal proceedings with accent to a three main roles of the reviewing procedure: general, immediate and extended which all represent main criminal proceedings principles. The subject of the next chapter is focused on a relationship of the cassation and appeal...
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Criminal proceedings against legal entities
Novotná, Eva ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This diploma thesis discusses the criminal proceedings against legal persons. The main idea of this diploma thesis is to describe single juridical institute of criminal procedure which is specific for proceedings against legal persons. For better understanding is necessary to find and understate all the sources of law. The primary authorities which will be used in the criminal proceedings are above all Act of Criminal Procedure against Legal Persons, Rules of Criminal Procedure and also Constitution of the Czech Republic and Charter of Fundamental Rights and Freedoms. It is also important to looking the sources at international level. Fundamental source is European Convention on Human Rights. The thesis deals with institutes of criminal law specific for legal entities, like imputability, a person committing a crime or enumeration of criminal acts for which can be affected legal entities. The main chapter contains analysis of each section from special part of Act of Criminal Procedure against Legal Persons. Subchapters discuss some of elemental principles in criminal proceedings as local jurisdiction in criminal proceedings and principle of joint trial of a criminal case, then provisional and protective measures, procedure for the cancellation, termination and conversion of the legal entity during...
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The issue of concept of criminal custody
Bělecký, Jan ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
59 8 Abstract - The issue of concept of criminal custody My diploma thesis deals with the criminal custody. It is an indispensable part of criminal process where personal freedom comes in a conflict with the effectivity of prosecution. Accused people are taken into custody before there is a decision on the matter and therefor the application of presumption of innocence is limited. Even though custody is not a punishment it can have very severe impacts on the accused person coming close to the impact of an actual punishment. The first part of the diploma thesis deals with the historical course beginning in the pre-hussite era until the present day. Second part obtains a brief explanation of what the term criminal custody means. The third part contains detailed characterization of the criminal custody reasons, strengthened criminal custody reasons and surrogate measures as well. The fourth part concerns about the rules of who is authorized to decide if an accused person is taken into criminal custody, the maximum length of the criminal custody, revisions of criminal custody legitimacy and decisions about further criminal custody duration. The diploma thesis should be able to describe the basic rules concerning the criminal custody.
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Europeanization of Criminal Law
Procházka, Tomáš ; Herczeg, Jiří (advisor) ; Bohuslav, Lukáš (referee)
Thesis entitled "Europeanisation of criminal law" focuses on the approximation of procedural criminal law of European countries under the influence of the European Union and the Council of Europe. Europeanisation of criminal law is a process of adopting common European standards for substantive and procedural criminal law. The thesis is divided into five main chapters. First, introductory, chapter defines basic terms, e.g. europeanisation of criminal law, European criminal law, and points out some of the basic issues with the attention to main development lines of europeanisation. Second chapter provides a comprehensive overview of the historic development of europeanisation of criminal law and the development of police and judicial cooperation in criminal matters. This chapter describes the progress of the idea of approximation of criminal law of European countries with the emphasis on the influence of the Council of Europe and the European Union upon procedural criminal law. It also contains the comparison of legal instruments of these international organisations and points out possible linked issues. Third chapter of the thesis is aimed at the protection of the human rights that is closely connected with the process of europeanisation of criminal law and criminal law in general. It also...
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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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The issue of the concept of criminal custody
Petrek, Marian ; Hořák, Jaromír (advisor) ; Herczeg, Jiří (referee)
Conclusion - Problems of custody instrument The topic of this diploma thesis is area of problems of custody instrument. This security instrument of procedural criminal law brings many problems especially in the area of its application and its performance. Nowadays this issue is considered to be greatly controversial which is obvious with regards to its grave breach of human rights. Custody also provides great space for existence of judicial errors due to requirement of immediacy decision and contradictory interests of accused person and investigation authority. The topic of diploma thesis is divided into 4 chapters. The first chapter comprises development of criminal procedural law and related development of custody. This chapter provides general summary of the development of custody and it should introduce custody from the perspective of excursion into history of custody. The chapter also appoints to the most important phases of development of custody instrument. Following chapter contains facts about material custody law de lege lata. For first there is interpreted the term of custody instruments and assumptions for its application. This chapter also deal with the most important principles of custody and reasons of custody and its application. The end of this chapter focus on strengthened custody and...
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The issue of the concept of criminal custody
Špryňar, Michal ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
1 Abstract: The issue of the concept of criminal custody The subject matter of this diploma thesis is "The issue of the concept of criminal custody". Custody being an institute of the procedure criminal law is a very problematic securing instrument that limits rights of a convicted person. Custody is often the subject of disputes which is reflected on the case decisions of the Constitutional Court of the Czech Republic and on the decisions of international courts. The diploma thesis is divided in five chapters. Starting with a short introduction into the issues of custody, in the first chapter we describe its historical development in the Czech Republic and we concentrate mainly on statutory and amendatory acts after year 1989. The second chapter discusses the term and idea of custody, its purpose, main features and custody principles. The third chapter focuses on substantive enactment of custody, specifically on conditions for custody and their definitions. This chapter also includes examples of judicature of the Supreme Court of the Czech Republic. Custody substitutions are also treated in this chapter as well this chapter include the new preliminary precautions. The forth chapter discusses formal legal custody right and explains the way the substantive custody rights, explained in the previous chapter,...
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The issue of the concept of criminal custody
Šmahelová, Michala ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
- The issue of the concept of criminal custody The thesis provides a comprehensive overview of selected issues relating to criminal custody, one of the means of securing an accused person for the purposes of criminal proceedings and sentence execution, provided for in the Act on Criminal Procedure. After a concise introduction, the thesis examines the historical development of custody as regulated in the Act No. 141/1961 Coll., on Criminal Procedure. Limits of restricting personal liberty are then discussed from the viewpoint of the Czech Constitution and international commitments of the Czech Republic. The principle part of the thesis deals with material and formal custody law. It defines the term 'custody' and elaborates on the conditions of the imposition of custody, especially with regard to the particular grounds of custody. The section dealing with formal custody law is focused on the provisions regarding the decision process on custody, custody hearing, the examination of the existence of grounds of custody, the maximum duration of custody and the setting off a custody period against a term of imprisonment when the accused is found guilty. Due regard is also given to alternatives to custody, since the accused can only be deprived of personal liberty when the purpose of custody cannot be...
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