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The Issue of the Concept of Criminal Custody
Šimek, Václav ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
- The Issue of the Concept of Criminal Custody This diploma thesis deals with the instrument of criminal custody as a security instrument. This instrument is considered as quite controversial in view of the fact that it's usage means the conflict between the interest of the investigating authority to accomplish the purpose of prosecution and person's right to personal freedom guaranteed by the Charter of fundamental rights and freedoms while the accused has to be treated as innocent according to the principle of presumption of innocence. The goal of this diploma thesis is to provide a comprehensive overview of the current legislation of the instrument of custody and also of the problems connected with custody. The thesis is divided into seven chapters including the introduction and the ending chapter. The second chapter deals with the development of the custody legislation in history and major part of the chapter is focused on the Act's of criminal procedure from years 1873, 1950 and 1961. The third and the fourth chapter pay attention to the current legislation which is included in the Act of criminal procedure no. 141/1961 Coll. The third chapter extensively describes the meaning of the term of custody, custody reasons and the alternative instruments which the custody may be substituted with. The...
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Citizens´ opinions on transplantation of tissues and organs
ŠIMKOVÁ, Soňa
This graduation theses is focused on attitudes of people to tissues and organs transplantations. It is composed of two parts, the first one is theoretical, the other practical. The theoretical part is engaged in the topic of transplantation. It shortly and concisely describes the transplantation from the medical standpoint, then further the general history of transplantations. It mainly focuses on the transplantations from the standpoint of our actual legislation, especially of the Transplantation Act. It also concisely introduces the transplantation legislative in selected countries as well as the transplantations from the standpoint of ethics. In the practical part I used the method of the quantitative research, performed with the help of questionnaires. The data were collected through an anonymous questionnaire. The aim of my work was to show the public awareness of the transplantations and attitudes of people towards the given topic. My research encompasses a description of methodology, an examined sample, outcomes and a discussion about the outcomes. The questionnaire was determined to the Czech citizens of various ages and types of education. Only the lower limit was cut down to the age of eighteen years. Respondents were partly enlisted by the direct questioning, according to their will to cooperate and some of them were enlisted for a consideration of their individual interest through the server vyplnto.cz. The final research sample was made by 526 respondents. There was a preliminary research made with 10 respondents before the actual research to find out if the questions were intelligible. There were two hypotheses set in terms of the research. The first hypotheses claims that the citizens agree to donation of their tissues and organs for their relatives. If I took into account only one particular question investigating the possible agreement to donating tissues or organs for a relative to save her/his life, I couldn´t reject this hypotheses, because the majority of respondents claimed they would donate a tissue or an organ, but this hypotheses was statistically tested through the test of good consensus. This test considers more questions related to a hypotheses. After this test I came to a conclusion that this hypotheses could be rejected, so it is not true that people agree to their donation of tissues and organs to their close persons. The other hypotheses claims that people do not know the principle of presumption of agreement or supposed agreement related to the post-mortem organs and tissues removals. The results of this work show the incomplete knowledge of the Czech citizens related to the topic of transplantations. It is mainly illustrated by the fact that more than one half of respondents never heard about our Transplantation Act and almost 80 % of people think that the public is not well informed. Almost one half of respondents never heard about the principle of supposed agreement, nevertheless the most of them agree to the fact that their organs and tissues should be used for transplantations in case of their sudden death. The results of my graduation hypotheses show the need of better education related to the transplantations. The education should come in various ways. As the most effective I consider the education through the media, furthermore the education in form of leaflets, information brochures and advertisement spots. There should be paper brochures available in medical institutions and seminars and trainings organized for general public. If the age should be taken into account, it would be the best to start the education in the secondary schools.
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Presumption of illegitimacy of the state power
Gregárek, Matěj ; Kysela, Jan (advisor) ; Maršálek, Pavel (referee)
The thesis challenges the established "myth of easy legitimacy" and argues for more cautious attitude toward involuntary social arrangements by shifting the burden of proof in favour of the rigorous individual rights. Any State action shall be held for impermissible unless it is shown to be unavoidable - beyond reasonable doubts. With the assumption of existence of individual rights as a starting point, the thesis inquires into the attempts to derive State's legitimacy from individual rights. Finding this task virtually impossible, it comes to the conclusion that the only way how to legitimize the State is to compromise the individual rights somehow. Yet, to maintain some meaning of the rights, this compromise need to be restricted in scope, so the thesis analyses further the meaningfulness of "necessary and proper" provisos and the notion of "ideology" as a factor driving collective action and as the ultimate check of the State's power.
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The role of media during formation of public opinion on the course of criminal proceedings
Fuksová, Veronika ; Benda, Josef (advisor) ; Bednařík, Petr (referee)
Diploma thesis called The Role of the media in shaping public opinion on the course of criminal proceedings deals with the issue which lies on the border between legal and media science. Its aim is to explain the relationship between these two areas on the basis of criminal proceedings, both in theory and practice using real criminal cases. Diploma thesis primarily deals with the legal base of the media and its relationship to some important principles of criminal law, namely the principle of presumption of innocence and the principle of public prosecutions. The principle of presumption of innocence and its violation affects the personal rights of offended person, so this work is also focused on comments relating to the personality protection against unauthorized interference which may occur in the context of criminal proceedings, both by the authorities involved in criminal proceedings as well as from the media. For the media sector there are some typical legal institutes correcting such interference which are presented in this thesis as well. As already mentioned, the thesis has practical dimension within which there are four essential criminal cases of 2015 examined through different media platforms that informed about these cases. The final section summarizes the findings which were achieved in...
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