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Special Methods of Evidence in Criminal Proceedings Focused on the Lineups of Suspect
Sypták, Dalimil ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
The goal of this thesis is to take a closer look at the special methods of gathering evidence which have become a part of the Criminal Procedure Code. In the past, these acts were considered as a special form of interrogation or examination. Firstly, the thesis deals with the historical development of the search for truth which was from time immemorial associated with perpetrator's confession as an indisputable proof of guilt. Specification of related terms both from the area of criminalistics and criminal law will follow. The next part will be devoted to the relation between criminalistics and special methods of gathering evidence, especially in the elimination of contradictions in the obtained evidence. In order to understand better memory limit options by recalling the backward image of perceived reality we will mention the mechanism of memory imprints origin.Part four analyses the general principles of these acts and in the fifth part we go through some special methods of gathering evidence. In the sixth, penultimate chapter, we discuss the recognition in detail as a special way of identifying the object. In the final part we will deal with the consequences of defects in the process and try to solve some problems in order to result in proposals de lege ferenda.
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Action for a new trial and action for a mistrial
Ročňáková, Marcela ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The subject of my thesis is the Action for a new trial and action for a mistrial. The purpose of this thesis is to characterize these actions from point of view of their exceptionality as the extraordinary remedies, to compare their common and different features and to suggest the possible future legislation. The thesis is composed of seven chapters. The aim of the firts and the second chapter is to briefly characterize the redress procedures, the individual repair systems and the remedies from the general point of view, from which these two actions are patterned. The following chapter briefly describes the extraordinary remedies from the point of view of their characteristic signs and their representation in the present legislation. I am also mentioning the two important amendment of civil procedure, which are responsible of creation the system of remedies as we know it in present form in this chapter. The fourth chapter is divided into nine subchapters and dealing with the analyses of the action for a new trial. The purpose of each subchapter is not only to commonly charecterize the action for a new trial, but also to explain under what circumstances is the action for a new trial unallowable, which subjects are justified to sue, which requisites the action for a new trial has to include, and...
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