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Right to a Defense of Socially Disadvantaged Groups in the Criminal Proceedings
KUBÁNKOVÁ, Hana
The Right to Counsel is one of a fundamental principle of criminal proceedings. This right is enshrined and governed in § 2, paragraph 13, § 33 and following of Act No. 141/1961 Coll. On Criminal Proceeding (Criminal Procedure). The Right to Counsel is guaranteed, in addition to the Constitutional laws, by the Criminal Procedure Code and the Charter of fundamental rights and freedoms in Article 40, paragraph 3 and also by International Conventions such as the European Convention on Human Rights and Fundamental Freedoms. The target of my Thesis is to clarify the issue of availability of the Right to free Counsel or Counsel for reduced fee for socially disadvantaged groups in criminal proceeding. For the purposes of my Thesis, young, unemployed, handicapped people and people serving in Prison in České Budějovice, are considered to be socially disadvantaged. The Thesis surveys the availability of the rights to counsel for disadvantaged groups in criminal proceedings in the light of valid and effective legislation of the Czech Republic.
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Alternatives to unconditional prison sentences and alternatives to criminal proceedings
Najdekr, Vladimír ; Jelínek, Jiří (advisor) ; Osmančík, Otakar (referee)
Resumé/Summary: This thesis deals with alternatives to unconditional prison sentences and procedural law alternatives in the field of criminal law. The introduction outlines the historical development of alternative sanctions and the reasons for their creation and implementation. The following chapters address alternative sentences as accounted for in the valid and effective Czech legislation. The community service sentence, as the most typical alternative punishment, is discussed in detail. Attention is also focused on suspended sentences, including suspended sentences with supervision, i.e. punishments which are definitely the ones that are imposed the most frequently in the Czech Republic. The sentence of pecuniary penalty, which is also often imposed as an alternative sanction, is dealt with thoroughly too. Other punishments, including forfeiture of an item, prohibition of a specific activity, prohibition of residence and deportation, whose alternative function is rather secondary, are paid less attention. The following part of the paper provides a comparison of alternative sentences according to Slovak legal regulations with alternative penalties envisaged by Czech legislation. In view of the recent amendment to substantive criminal law in the Czech Republic (Act No. 40/2009 Coll.), this chapter also...
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Psychological aspects of interrogation of children.
BURCAROVÁ, Božena
This thesis entitled "Psychological Aspects of Interrogation of Children" deals with the psychological aspects of interrogation of sexually abused children aged six to twelve. The thesis is divided into two parts. The first section consists of five chapters and it focuses on theoretical knowledge. There is described expert knowledge about children´s development, interrogation, the output interrogation, i.e. testimony, and specifics of interrogation of children. The second part processes the results of the actual research. The research objective of the thesis was to identify psychological aspects which affect the interrogation of children, to determine and describe them. In this thesis qualitative research was used to achieve the aim, especially a part of the grounded theory method. In my research I termed eleven categories aspects which influence the interrogation of children. These categories are described in detail in the chapters entitled Result and they are discussed in detail. This thesis can serve to individual institutions involved in criminal proceedings concerning juvenile offenders as well as to general public.
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Renewal of proceedings
Fejklová, Lucie ; Gřivna, Tomáš (advisor) ; Šámal, Pavel (referee)
Remedial measures in criminal law are set mainly to eliminate and correct mistakes, which have occurred in the course of the trial. It acts as a review and a remedy of law and legal defects. It can be divided into regular and special ones. Amid the regular remedial measures belong appeal, complaint and protest, to a group of special remedial measures belong apart from a renewal of proceedings, a review of an appeal and a complaint for the breach of law. Renewal of proceedings is a special remedial measure, which brings with itself interference into legal power. Renewal of proceedings with which one can contest only some legitimate decisions, in which criminal prosecution has already finished, is used for a removal of shortcomings in factual findings, because at that time all the decisive facts had not been known and the evidence, which came up only after the former decision has come into legal force. New evidence or facts underlying this extraordinary breach into inalterability and binding of judgments made in criminal proceedings are only the facts that were not part of evidence or survey or were not applied by any of the parties engaged in the proceedings and the only evidence that was not designed nor made by either party during the proceedings. As new evidence can be even used evidence already...
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The status of an injured person in a criminal proceeding
Polmová, Olga ; Gřivna, Tomáš (advisor) ; Vokoun, Rudolf (referee)
163 SUMMARY This work is focussed on the status of an injured person by a criminal activity in Czech criminal proceeding. It tries to give a coherent view to this topic in the conditions of the Czech criminal law when it takes its bearings on contemporary valid legislation, to mention its weak points and suggest the solution. After the introduction which is also engaged in main objectives of this work and also the reason why the author of this work has chosen this topic, the author firstly defines the conception of the injured person and also the victim of a crime which are not, according to her opinion, the same. The separate chapter is dedicated to the problem of secondary victimization of the injured and the victims of crimes. The secondary victimization prevention also reflects in international documents of international organizations which are mentioned in this chapter too. As it has been said above, the main substance of this work is an analysis of the status of an injured by a criminal activity in Czech criminal proceeding. The main part of this work is shaped by a description of particular rights of the injured during the criminal proceedings which are legally berthed in Czech Criminal Code. The author tries to analyse this contemporary legislation, to point out weak points and application problems...
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The role of a counsel in the criminal proceedings
Müllerová, Helena ; Jelínek, Jiří (advisor) ; Herczeg, Jiří (referee)
97 Resumé The presented thesis focuses on the role of a counsel in criminal proceedings. The author deals with the theme from the position of an attorney's clerk and strives for the integration of theoretical knowledge and practical experience. The chosen theme is quite extensive. The author focuses on the issues important for the performance of defence in criminal proceedings. The author emphasises theoretical fundaments and necessary prerequisites for the performance of defence by the counsel according to our valid legal order. The content of the thesis is divided into seven chapters which are further divided into individual parts. At the beginning, the author briefly deals with the status of counsels who have according to the valid legal regulations a monopoly for the provision of defence in criminal proceedings. The content of the succeeding chapter is an analysis of the constitutional principle of the right for defence including the set of rights which are guaranteed to the accused in criminal proceedings by the law. Then follows the chapter where the author deals with the person of a counsel, his/her rights and obligations in criminal proceedings with the emphasis on the obligation of confidentiality. The thesis further describes the procedure of choosing a counsel, the appointment of the counsel, the...
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Individual human odor as a forensic trail in criminal proceeding made by contact or contactless transmission and its resistance to physical agents
Santariová, Milena ; Bartoš, Luděk (advisor) ; Chmelíková, Eva (referee)
The dissertation thesis consists of four papers that have been published in scientific journals.
Study n. 1
The need to recover evidence from water is quite common in criminal investigation. The article deals with the possibility to collect human scent from such objects and with the ability of specially trained dogs to match such scent samples with scent samples collected from detained suspects. During an experiment, designed as a blind one, it has been proved, that human scent can survive on submerged objects and can be later used for scent identification.
Study n. 2
To collect odors the Czech Republic Police use special fabric sorbents manufactured under the registered mark ARATEX. Before use the fabric sorbent is treated by water vapor sterilization. After the scent identification the sorbent is destroyed. The goal of the study was to verify if the vapor sterilization is effective enough to remove human scent that has already penetrated into the sorbent structure or in other words if the sorbent can be exposed to vapor sterilization and then used again. Specially trained dogs were used to match starting odors with target odors in the line-ups. The results showed that dogs are able to correctly match human odors even after they have being exposed to vapor sterilization.
Study n. 3
The purpose of the study was to determine the temperature at which the human scent is degraded so that a dog would not be able to identify it. In contrast to expectations, eight dogs used in the experiment almost flawlessly identified human scents from five scent donors exposed to temperatures of 100°C, 200°C, 300°C, 400°C, 500°C, 600°C, 700°C, and 800°C. Only two of the dogs were able to identify 5 of 15 scent samples exposed to 900°C. No dog identified a scent exposed to 1000°C. Our study verified heat survivability of human scent far beyond existing expectations.
Study n. 4
We tested the hypothesis that if odor fallout (the release of a human odor onto an untouched object) in human subjects exists, then holding a hand above an absorbent will produce a detectable scent which will be subsequently matched in a detection test by trained dogs. Scents were collected from seven males to sterile cotton absorbent squares. The left hand was used to get the control scent and the right hand served as the target scent. Each experimental subject was sitting and his left hand was laid down on a cotton square for 3 min. The right hand was held 5 cm above another cotton square for 3 min. The scent identification was done by two specially trained police German shepherds. Both dogs performed 14 line-ups and correctly matched the collected scents of all test subjects. The results suggest the existence of human odor fallout, whereby a human scent trace is left by humans even if they do not touch an object.
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Educational Measures imposed on a juvenile offender
BURCAROVÁ, Božena
In 2004, Act No. 218/2003 Coll. came into force; it is an act on the liability for unlawful acts of juveniles and on judiciary concerning juveniles and amending some laws, called in a shortened form the "Act of Judiciary Concerning Juveniles". This act significantly modified the position of juvenile offenders and there was a change in approach to juvenile offenders. The law defined many new concepts, including the concept of educational, protective and criminal measures. It determined new forms of measures imposed on juvenile offenders. The objective of the new legislation is to prevent juvenile crime through educational measures, especially through the right actions and directing their future life and thus to support and ensure their proper upbringing. This thesis entitled ?Educational Measures imposed on a juvenile offender? deals with the cooperation of institutions entering the preparatory criminal proceedings for juvenile offenders in the former district of Český Krumlov. The thesis is divided into two parts. The first section entitled "Current status" deals with theoretical knowledge. I describe the various institutions and their functions in preparatory proceedings for juvenile offenders and individual educational measures, which may be imposed on a juvenile offender during preparatory criminal proceedings. The second part is devoted to processing the results of the research. The research objective of the thesis was to find out about the effects of individual institutions on juvenile offenders and their influence in imposing educational measures in preparatory criminal proceedings. From the carried-out interviews and analysis of documents, I summed up, in the chapter entitled "Results", the process of working with young offenders in imposing educational measures in individual institutions. It can be summed up that the largest share in imposing educational measures is in the Probation and Mediation Service of the Czech Republic, the centre in Český Krumlov. The other institutions only inform young offenders on the possibility of imposing educational measures only to the extent necessary, without further educational activities. This part of the thesis also discusses a possible procedure that is, in my view, preferable in dealing with juvenile crime offenders. This thesis can serve to the individual institutions involved in criminal proceedings concerning juvenile offenders as well as the general public.
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