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Verification Procedure in Preliminary Proceeding
Linhart, David ; Heranová, Simona (advisor) ; Šelleng, Dalibor (referee)
Verification Procedure in Preliminary Proceedings Abstract This diploma thesis covers the verification procedure, that is the first of the two phases of the stage of criminal proceedings referred to as preliminary proceedings. The goal of the thesis is to provide a comprehensive explanation of the verification procedure, its course, as well as the selected entities involved in it. In the relevant passages related to the selected institutes of the verification procedure, the author defines the rules resulting from other legal regulations, judicial conclusions or conclusions of the professional public beyond the scope of the legal regulation contained in the Criminal Procedure Code. In this context, the author identifies, in relation to the selected institutes, the partial shortcomings of the current legislation, which are being compared with the legislation contained in the current draft of the new Criminal Procedure Code, which is the unfinished result of the efforts to recodify criminal procedural law. The first part of this thesis presents an introduction to the topic and discusses the issue of criminal proceedings, its purpose, and its division into individual stages. Within the individual stages of criminal proceedings, the stage of preliminary proceedings, its internal division, and its forms are...
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Summary Preliminary Proceedings
Doleček, Tomáš ; Tejnská, Katarína (advisor) ; Šelleng, Dalibor (referee)
Preliminary Proceedings Abstract in English The diploma thesis deals with the topic of Summary Preliminary Proceedings, which is one of the most important institutes in terms of accelerate the criminal proceedings. It is one of the three forms of preliminary proceedings, the essence of which is to enable simplification of the process for the least serious crime, so that the perpetrator of such a crime can be convicted and punished as quickly as possible. This is not only in order to make the proceedings more efficient in economic terms, but also to ensure that it has the greatest possible impact in terms of individual and general prevention. The aim of this thesis is not to discuss the above mentioned institute only in isolation, but also in its broader context. It therefore presents its characteristics, historical context, the problems associated with the proceedings, including a solution proposal, as well as a more detailed analysis of the planned modification. In addition, the thesis also presents the subsequent special Proceedings before a Single Judge, which, together with the Summary Preliminary Proceedings, form a kind of accelerated form of the entire criminal proceedings. The thesis is also structured in this respect. It consists of four chapters, firstly presenting the preliminary stage of...
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The principle of promptness in the criminal proceedings
Tikal, František ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
RÉSUMÉ IN ENGLISH The topic of this master thesis is the principle of promptness in the criminal proceedings because this question is nowadays the subject-matter of numerous discussions, in which it is spoken about overloaded Czech justice system, about delays in court proceedings and about options, how to relieve the system of Czech criminal justice system. The aim of the submitted thesis is to evaluate critically the current legal institutes helping to make the criminal proceedings faster, mainly the investigation of crimes, and to contemplate its potential extension, without having caused any more significant limitation of the right of the accused to defence. Among other principles, which stay often contrary to the principle of promptness and which the legislators always must bear in mind, are the principle of material truth and the principle of contradiction. The thesis is divided into seven basic chapters. The first chapter is the introduction. The second chapter deals with the meaning of promptness of criminal proceedings for each particular subject of the criminal proceedings, mainly for the accused and the injured party. Third chapter presents the statistic data on the average length of proceedings in the Czech Republic and within the European Union: the average length of criminal proceedings leaded...
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The role of the police authority in pre-trial
Bauer, Petr ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
V ANGLICKÉM JAZYCE This thesis solves the role of the police authority in criminal pre-trial. Its object is to present the pre-trial stage of criminal proceedings, it is the pre-trial proceedings. As a longtime police officer, for whom criminal proceedings are for many years the main job, I wanted to do a detailed analysis of this phase of the criminal proceedings and to point out to the weaknesses of the current legislation and simultaneously bring the forward possible solutions to these gaps with appropriate arguments. I worked the stage of the preparatory proceedings in chronological order from the pre- prosecution to the phase of the investigation which occurs after the commencement of prosecution.In a separate chapter we find a treatise on the special form of pre-trial proceedings, when we speak of summary proceedings. All of these chapters I processed from the perspective of current legislation. The current legislation contains several drawbacks, which I pointed out in my rigorous thesis and I submitted proposals for changes that would correct these deficiencies. The thesis culminates with the chapter "consideration of possible changes in the preliminary proceedings de lege ferenda", where I dealt with the issue of exigent and unrepeatable acts, where as a policeman I perceive potential risks...
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