|
|
Custodial Assurance of The Accused Person
MAŘÍKOVÁ, Miroslava
The diploma thesis is focused on the custodial assurance of the accused person. The institute of the custody is seen as a freedom restriction and the person's personal freedom and also it is seen as one of the kinds of ensuring measures. The core is to keep the conditions set by the law and basic principles of the criminal proceedings to not to allow over-use or abuse of the custody. The aim of the diploma thesis is the analysis of the custodial assurance legal frame, custody basic characteristics, its reasons, measures to substitute custody and to map the or of the social worker in this field. It is overall summary of legal adjustments concerning the custody. The thesis is divided into twelve chapters. The first chapter is dedicated to the person assurance itself before the custody procedure and the second chapter includes custody basic characteristics and its legal anchor. The third chapter deals with custodial conditions, reasons and its duration. The fourth one concerns the custody length and other legal terms. The fifth chapter is focused on the decision about custody in proceedings before the court and in the legal proceedings and that in the frame of the authorities by particular organs. The sixth chapter concerns the custody itself, including the place and personal section. There are defined the measures which can be used to substitute the custody in the seventh chapter. There is analysis of the link in the case of youth offenders and there are also stated the main differences from adult accused ones in the eighth chapter. The ninth and tenth chapter mention psycho-social impact of the custody, social work with people in the custody proceedings and the role of the social worker in this field. The last chapter is in short focused on the comparison of the custody and the punishment. The diploma thesis comes out primarily from the judicature, legal regulations - in particular from the Law nr. 141/1961, about the criminal proceedings of justice (legal code), literature with comments, professional articles and internet sources.
|
|
|
Institute of Pre-trial Detention in Criminal Proceedings
ZELENKOVÁ, Nikola
This bachelor thesis deals with the restriction of personal liberty of an accused person during the prosecution through the custody institute in the context of fundamental human rights and freedoms guaranteed by the rule of law including the international treaties to which the Czech Republic is bound. The thesis is divided into four chapters. The legal analysis of restriction of personal liberty through restraint or arrest that precedes the custody is followed by so-called material custodial law, specifically the custody institute focusing on the grounds for detention. The next chapter covers formal custodial law dealing with procedural aspects of the detention of an individual within the detention session, the detention order and the limits for accepting legal compensations for the detention by other measures. The last chapter deals with the detention in terms of rights and duties of an accused person in a detention including possible social-psychological aspects.
|
|
|
Material custodial law
Glogarová, Jana ; Jelínek, Jiří (advisor) ; Heranová, Simona (referee)
The rigorous thesis deals with custody, a juridical institute, which is considered as one of the custodial instruments in criminal law. The main theme is material custodial law consisting in defining of concept of custody, substantial attributes of custody, basic conditions necessary for taking accused into custody, the reasons for custody and last, but not least, in defining instruments which are capable to substitute custody and these abovementioned considering legislation, jurisprudence and specialist literature. The thesis offers discursion into history of custody, how the legislation changed owing to adoption of new Rules of Criminal Procedures and their novelizations, and it follows also constitutional and international contexts of custody. The thesis contains the specificity of enactments relating to adolescents and custody in relation to the legal acts with foreign countries.
|
guest ::
