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Recognition
Košacká, Kristýna ; Konrád, Zdeněk (advisor) ; Dvořák, Marek (referee)
1 Selected aspects of line-up Abstract This diploma thesis introduces line-up as an important and in practice widely used means of evidence. The thesis mainly tries to point out the important problematic and unclear aspects of the legal regulation of line-up and, based on a comparison of our legal regulation with the legal regulation abroad, especially within the United States, to propose a legal regulation de lege ferenda that could contribute to more reliable results of recognition and less interference with the rights of the identified person. The first part of the diploma thesis focuses on the general legal regulation of line-up, with a focus on the line-up performed in natura, especially its nature, phases, principles and different types of line-up. The key part of the thesis analyzes the problematic and unclear aspects of line-up, namely the performance of line-up as a non-repeatable act, the performance of line-up as an urgent act and the obligations of the identified person's in relation to the line- up, with focus on the current legal regulation of these aspects, the opinions of experts and comparison of the current regulation of the given aspects with the legislation in the United States. The final part of this diploma thesis is devoted to possible ways of de lege ferenda legal regulation of...
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Criminalistic Experiment
Jaroschyová, Aneta ; Konrád, Zdeněk (advisor) ; Krupička, Jiří (referee)
Diploma thesis name: Criminalistics experiment Keywords: criminalistic experiment, investigative experiment, special methods of evidence Abstract The diploma thesis entitled "Criminalistic Experiment" deals with the analysis of the concept of criminalistic experiment as one of the methods of criminalistic practice in the environment of the Czech legal system. It contains a theoretical part, which is a summary of the first ten chapters, and a practical part, which is the last, eleventh chapter. The theoretical part uses mainly the descriptive method, while the fifth chapter uses the comparative method. The first chapter presents the definition of the concept and the essence of the criminalistic experiment, while the specificity that distinguishes this criminalistic method from experimental activities in other areas of human activity is outlined. The second chapter then introduces the basic principles according to which we can divide the more general method of criminalistic experiment. The forms that can be distinguished for it are presented, while the investigative experiment, which is a specific method of criminalistic practice that is based on the more general method of criminalistic experiment, is discussed more. The third chapter deals with the history of the investigative experiments, first mentioning...
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Human Line-up in Criminal Proceedings
Dvořák, Marek ; Jelínek, Jiří (advisor) ; Bruna, Eduard (referee) ; Musil, Jan (referee)
1 ABSTRACT DISSERTATION Human Line-up in Criminal Proceedings The thesis deals in detail with the human line-up in criminal proceedings, which is not only a traditional method of practical activity of police investigators, but with effect from 1st January 2002 also a separate criminal procedural step regulated in § 104b of the Penal Procedure Code as one of the special means of the taking of evidence. At the same time, it is necessary to reflect the fact that the quintessence of line-up is a psychological process of reconnaissance based on a comparison of a previously perceived person (retroactively equipped from a memory trace in the form of an idea/image) with currently perceived persons. The purpose of this procedure is primarily individual identification. The whole act, in which the rights and interests of individuals are logically in conflict, also reflects a large number of variables both on the part of the system of criminal justice (system variables) and on the side of circumstances of the criminally relevant event and of the persons themselves (estimator variables). Many of the variables cannot be objectively assessed. In addition, foreign retrospective reviews of cases clearly show a significant error of eyewitness testimony, which implies a high risk of convicting innocent persons if they fall...
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Reconstruction of a Crime
Strnadová, Marie ; Krupička, Jiří (advisor) ; Šelleng, Dalibor (referee)
The main topic of this thesis is the reconstruction of a crime. These special means of evidence are regulated in the provisions of § 104d of the Criminal Procedure Code. This act takes place if the situation in which the crime was committed is to be restored, or if the circumstances related to the crime are to be restored, if the testimony of the suspect, accused, co-accused, injured party or witness, is to be examined, but only if other evidence provided in the proceedings is not sufficient to clarify the case. In the first chapter, the topic of the legal regulation of the reconstruction of a crime is set in a historical context. The current legal regulation of this institute in the Czech legal system follows. Furthermore, the concept, meaning and types of forensic reconstruction are analysed, which is compared to selected special means of evidence, for which it is often incorrectly confused. As the reconstruction of a crime is a complex and very important mean of evidence, the merits of this thesis are devoted to the preparation, planning, the actual execution, documentation and evaluation of this act. Furthermore, the thesis describes two examples of crime reconstruction from practice and ends with considerations de lege ferenda.
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Line-up in criminal proceedings
Rešlová, Anna ; Pelc, Vladimír (advisor) ; Galovcová, Ingrid (referee)
Line - up in criminal proceedings Abstract This rigorous thesis deals with the topic of a police line-up in the context of criminal law, which is closely specified in the Section 104, subsection b) of Act No. 141/1961 Coll., On Criminal Procedure (Criminal Procedure Code). This thesis looks at the police line-up from the perspective of the criminal law as well as the investigation perspective, plus it points out several psychological aspects of this procedural act, namely the memory tracks. The goal of this rigorous thesis is to provide critical analysis of the current status of the police line-up from the statutory provisions point of view, as well as from the perspective of the correctness and efficiency of the procedures in place. The aim is to answer the question whether the de lege lata regulation meets the requirements of modern criminal procedural law. The first part of this thesis focuses on the police line-up as a special form of identification, including the issue of memory tracks including its unique features. Further, it covers understanding of the police line-up from the criminal law perspective, meaning it deals with the term "line-up" as such and with the historical development of this procedural act, including summary of several theoretical definitions that are the most often represented in...
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Line-up
Janulková, Kateřina ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
This rigorous thesis analyzes line-up, which introduces a frequent procedural act and one of the basic criminological-tactical methods. The thesis considers line-up as a very important evidence from the perspective of Criminal Procedure Law and criminology. Line-up is also a very specific act because the process of rebuilding takes place in human brain and can not be controlled or verified in any way. All these characteristics increase the requirements for proper preparation and execution of line-up. The rigorous thesis also points out the fact that line-up is an important procedural act even in cases where identification is not achieved or the result of a line-up is not credible, as such result can be used for further investigative procedures. The aim of the thesis is to comprehensively and clearly analyze the issues of line-up and to analyze if the current law regulation corresponds with importance of this procedural act. Further, the aim of the thesis is to analyze the process of line-up and its correctness and effectiveness. Relating to these aims, the thesis points out especially significant problems, imperfections and confusion associated with line-up and focuses on possible ways of their elimination. The first part of the rigorous thesis focuses on general knowledge of line-up, types of...
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Human line-up in criminal proceedings
Dvořák, Marek ; Pelc, Vladimír (advisor) ; Heranová, Simona (referee)
The submitted diploma thesis deals with one of the special methods of the taking of evidence in criminal proceedings known as human recognition or line up. This method is specified in the current legal regulation of section 104b, Act No. 141/1961 Coll., Criminal Procedure Code. Particular attention is paid to the general definition of human recognition "in natura". However, some less common ways of execution of this method are also mentioned, such as blank line up occurring in some foreign jurisdictions (especially in Poland). Further attention is then focused on possible significant defects during the process of recognition with its legal consequences. The whole issue is even more complicated when we take into account that recognition as a criminal method is essentially unrepeatable. The thesis analyses foreign researches carried out in some countries, especially in the United States of America. Attention is then focused also on legal regulation of line-up (parade) in England and Wales, because these countries use one of the most modern methods in the world, such as video parade or CCTV. The question of the obligation to passively pass the recognition is also mentioned. Legislation does not deal with many of important questions and details so it's necessary to build on case law and opinions of criminal law...
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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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