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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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The issue of the concept of criminal custody
Válek, Dalibor ; Herczeg, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
The diploma thesis deals with the issues of the concept of criminal custody. The aim is to discuss the appropriate effective legislation, point out some problematic issues related to it and provide a broader look at the institution of custody. The work is divided into 10 chapters, which are divided into two parts. Part 1 focuses mainly on the analysis of detention rules contained in Section 1 of Chapter 4 of the Criminal Procedure Code. Preceding this, personal freedom is defined, summarized from the perspective of constitutional law and the definition of personal freedom in international law, and an examination of the institution of custody and subsequently its general character in terms of criminal law is undertaken. The second part is then devoted to the four chosen issues in some way connected with the institution of custody and that in terms of the issue of the right to be heard in the remand proceedings, custody in juvenile proceedings, control mechanisms for upholding of the rights of persons in custody and a prisoner's right to vote.
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The issue of the concept of criminal custody
Kudláček, Michael ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
- The issue of the concept of criminal custody Man's personal freedom is the basic human right, however at the same time it is possible to restrict it in a democratic society under certain conditions defined beforehand. This thesis deals with the most serious personal freedom trial restriction - the institute of custody. Custody consists in a temporary personal freedom restriction of the defendant in a closed facility based upon a court decision. Custody is an utmost means and it shall be used only if its purpose cannot be reached by other measures. Custody is not a means of pressure on the defendant and it is unacceptable to misuse it; it si not a sanction measure either. Custody law is arranged particularly in the Penal Procedure Code, which sets the basic principles and conditions under which the defendant can be limited on their personal freedom with this procedure means. The basic suppositions for taking the defendant into custody are a reasonable concern that they will escape or hide, further that they will thwart clarifying facts crucial for the criminal prosecution, and finally that they will repeat their criminal activity. These three reasons for custody are also indicated as getaway, collusion and surpass custodies. This personal freedom restriction may last only for a certain time,...
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Renewal of proceedings
Fejklová, Lucie ; Gřivna, Tomáš (advisor) ; Šámal, Pavel (referee)
Remedial measures in criminal law are set mainly to eliminate and correct mistakes, which have occurred in the course of the trial. It acts as a review and a remedy of law and legal defects. It can be divided into regular and special ones. Amid the regular remedial measures belong appeal, complaint and protest, to a group of special remedial measures belong apart from a renewal of proceedings, a review of an appeal and a complaint for the breach of law. Renewal of proceedings is a special remedial measure, which brings with itself interference into legal power. Renewal of proceedings with which one can contest only some legitimate decisions, in which criminal prosecution has already finished, is used for a removal of shortcomings in factual findings, because at that time all the decisive facts had not been known and the evidence, which came up only after the former decision has come into legal force. New evidence or facts underlying this extraordinary breach into inalterability and binding of judgments made in criminal proceedings are only the facts that were not part of evidence or survey or were not applied by any of the parties engaged in the proceedings and the only evidence that was not designed nor made by either party during the proceedings. As new evidence can be even used evidence already...
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The issue of the concept of criminal custody
Votočková, Lucie ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
THE ISSUE OF THE CONCEPT OF CRIMINAL CUSTODY This diploma thesis deals with a criminal custody. This is an important part of a criminal process where there is a restriction of personal freedom based on a need to ensure people for acts of a prosecution. It is a complex issue which requires proper and sensitive legislation and as well as appropriate use in a practice. First part of this diploma thesis focuses on the term of custody. It explains the definition and an essential features. In the subchapters, principles which drive custody are specified. Differences between custody and judgment are explained. Second part of the diploma thesis concerns about question of personal freedom and custody in connection with international and constitutional law. First subchapter deals with the Charter of Fundamental Rights and Basic Freedoms which sets basic conditions for limitation of personal freedom and for detention. Next subchapter compares two important international documents: European Convention of Human Rights and International Covenant on Civil and Political Rights. These two documents have a big influence on enactment of custody in Czech Republic. Third part contents substantive enactment of custody. The conditions for arrest are presented. Farther the reasons for custody and also strengthened reasons...
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Psychological profiling of an offender
Münzová, Kristýna ; Čírtková, Ludmila (advisor) ; Štourač, Petr (referee)
Criminal profiling Abstract The purpose of my thesis is to analyse criminal profiling, one of the disciplines of forensic psychology used by law enforcement authorities in their effort to capture offender of a crime. The reason for my research is my interest in the criminal law in general, mainly in the psychological aspects of work of law enforcement authorities with individual offenders. The thesis is composed of three chapters, each of them dealing with different aspects of criminal profiling. Chapter One is introductory and defines basic terminology of criminal profiling and the essence of criminal profiling in general. The chapter is subdivided into five parts, which deals with the term of criminal profiling, its development, particular delicts suitable for profiling, the manner of creating a profile and its efficiency in the criminal proceedings in Czech Republic. Chapter Two examines the best known approaches to criminal profiling, its methods and typology. The chapter consists of five parts. Part One focuses on the different approaches to criminal profiling. Part Two investigates the deductive and inductive methods of criminal profiling. Part Three addresses the issue of the best known computer databases used in criminal profiling, ViCLAS and VICAP. Part Four focuses on geographic profiling, a...
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