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The Role of Public Prosecutor in Criminal Proceedings
Čermák, David ; Mulák, Jiří (advisor) ; Beranová, Andrea (referee)
The Role of Public Prosecutor in Criminal Proceedings Abstract This diploma thesis on the topic of The Role of the Public Prosecutor in Criminal Proceedings identifies and presents the key parts of the regulation related to the position, role and tasks of the public prosecutor in criminal proceedings. Public prosecutors play an important and irreplaceable role in the system of criminal justice. It manifests itself to the full in particular in criminal preliminary proceedings, in which the public prosecutor exercises his supervisory powers over the procedure of the police authority and has a number of exclusive powers that enable him to effectively control and manage the course of this phase of the criminal proceedings. Furthermore, it is exclusively the public prosecutor who in the Czech Republic is authorized to initiate criminal proceedings before a court and to represent a public prosecution in it. The aim of the thesis is not only to bring closer the key parts of the regulation regarding the role of the public prosecutor in criminal proceedings, but also to critically analyze and place them in a wider context. It approaches individual topics and questions primarily conceptually and tries to use the inductive method to abstract from the specific regulation a conclusion about what role the representatives...
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Problems of public prosecution
Kořízková, Simona ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
Problems of public prosecution Abstract The subject of the diploma thesis is a systematic description of the characteristic features of the effective law regulation of public prosecution, its critical analysis and subsequent identification of its shortcomings with a possible proposal for its possible solutions. A public prosecution constitutes the protection of the public interest by means of the penal code, thus showing a close link with the criminal code and also with the right to a fair trial. The body of public prosecution is a very important institute in a democratic state governed by the rule of law, and therefore this thesis focuses first on the basic aspects defining this body, and then on identifying its shortcomings and looking for possible solutions aimed at making public prosecution legislation more efficient. The thesis focuses on the theoretical basis and with the help of a questionnaire survey created for the purposes of this thesis, also on the problematic issues that arise in the use in practice. The main focus of the diploma thesis is contained in its second and third part. The first part of the diploma thesis deals with the definition of the term public prosecution and its historical development, in order to understand the very essence and roots of the public prosecution body. Therefore,...
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The developement of the body of public prosecution between 1848-1952
Polívková, Michaela ; Adamová, Karolina (advisor) ; Soukup, Ladislav (referee)
The history of the body of public prosecution on the Czech territory has its roots in the late middle age. First prosecutor was named by the king Zikmund in 1437 and his main task was to help the king to regain the property he had lost during the religious wars. As the time was passing by, the king's prosecutor's agenda was slowly expanding. Soon he became authorized to pursue the perpetrators who committed crimes such as manslaughter, murder, heresy, offence of the king or counterfeiting. However with the succession of Habsburg dynasty his role has weakened since the crime proceeding got back to the principle of inquisitorial process which accumulates the role of judge, advocate and prosecutor in one person. In the revolution year of 1848 the Habsburg monarchy was forced to reorganize the justice system due to massive political protests. At the very same year the first public prosecution offices were founded in order to pursue crimes committed in relation with press. In 1850 the competence of state prosecutor expanded - from now on he was authorized by the law to prosecute all crimes that were to be tried in front of the court of justice and to represent the indictment in front of it. The strict hierarchy was given and it copied the judicial system. The exception was at the district courts - there...
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