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Adversarial principle in Czech criminal procedure
Staněk, Jakub ; Mulák, Jiří (advisor) ; Beranová, Andrea (referee)
Adversarial principle in Czech criminal procedure Abstract Although the principle of adversarial proceedings is not explicitly enshrined in Section 2 of the Criminal Procedure Code, it is one of the fundamental principles of criminal proceedings, as it provides the accused with the opportunity to actively participate in the ongoing criminal proceedings and, through the presentation of his version of the "truth", to influence the court's decision on his guilt and possible punishment. Based on this premise, the case law of the European Court of Human Rights considers it to be an integral part of the right to a fair trial and, in defining it, emphasises both the right to be informed of all the opinions and evidence discussed in the proceedings and the right to comment on them. However, alongside this subjective conception of adversarial principle, there is a more objective approach, which focuses on adversarial principle as a dispute of opinions of the parties to the criminal proceedings, constituting the very essence of the judicial process and providing the court with an effective means of finding the "truth". The subject of this thesis is therefore an analysis of the various conceptions and functions of the adversarial principle and a critical assessment of the scope and limits of its application at the...
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The principle of Contradictority and Its Application in Criminal Proceedings
Zukalová, Jana ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The purpose of my thesis is to provide an analysis of the principle of contradictority and its application in criminal proceedings. I have decided to use the term "contradictory proceedings" even though The European Court of Human Rights that developed the concept usually uses the term "adversarial proceedings". The reason consists in the difference between adversarial proceedings as a special kind of criminal proceedings which is typical for countries within the Anglo-American legal culture and adversarial/contradictory proceedings as a wider concept of proceedings which is based on a respect for the rights of people charged with criminal offences and which can be (and actually is) used both within the Anglo-American legal system and the legal system of the countries in the continental Europe. In this sense, the correct translation into Czech language is "kontradiktorní řízení". The thesis is composed of six basic chapters. Chapters One and Two provide introduction, presenting some theoretical approaches to what contradictory proceedings could or should be. Chapter Three is subdivided into three subchapters. First two of them examine the evolution of adversarial and inquisitorial models of criminal proceedings, dealing with their similarities and differences. The third one summarizes why both of...
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The principle of contradictory in Criminal Proceedings
Michalčíková, Kristina ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
The principle of contradictory in Criminal Proceedings Abstract The diploma thesis deals with the principle of contradictory of criminal proceedings, its various concepts and characteristics, especially its practical manifestations in Czech criminal proceedings. The aim of the work is to provide an insight into possible concepts of this principle, an overview of individual contradictory elements in criminal proceedings and then to draw attention to those elements that rather weaken the principle of contradictory. The work is divided into four chapters. The first chapter deals with the definition of the principle of contradictory. It offers several possible conceptions of this principle presented mainly by Czech authors. The chapter also contains a selection from the case law of the European Court of Human Rights, which ranks the principle of contradictory among the foundations of the right to a fair trial. The case law of the Czech Constitutional Court, which defines principle of contradictory following the example of the Strasbourg court, also corresponds to this. Finally, the chapter deals with the enshrinement of the principle in the current Criminal Procedure Code, but mainly the role of the principle in recodification work on the new Criminal Procedure Code. Chapter two describes some contradictory...
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The principle of Contradictority and Its Application in Criminal Proceedings
Zukalová, Jana ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The purpose of my thesis is to provide an analysis of the principle of contradictority and its application in criminal proceedings. I have decided to use the term "contradictory proceedings" even though The European Court of Human Rights that developed the concept usually uses the term "adversarial proceedings". The reason consists in the difference between adversarial proceedings as a special kind of criminal proceedings which is typical for countries within the Anglo-American legal culture and adversarial/contradictory proceedings as a wider concept of proceedings which is based on a respect for the rights of people charged with criminal offences and which can be (and actually is) used both within the Anglo-American legal system and the legal system of the countries in the continental Europe. In this sense, the correct translation into Czech language is "kontradiktorní řízení". The thesis is composed of six basic chapters. Chapters One and Two provide introduction, presenting some theoretical approaches to what contradictory proceedings could or should be. Chapter Three is subdivided into three subchapters. First two of them examine the evolution of adversarial and inquisitorial models of criminal proceedings, dealing with their similarities and differences. The third one summarizes why both of...
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