|
|
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...
|
|
|
Diversions in the criminal proceedings
Tibitanzlová, Alena ; Jelínek, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee) ; Bruna, Eduard (referee)
This dissertation provides a comprehensive account of diversions in the criminal proceedings, which constitute an important part of the modern criminal process. The introduction of the dissertation deals with the reasons for introducing of alternative ways of dealing with criminal matters into Czech criminal law and its current taxonomy. This is followed by a broad description of the development of the term "diversion" in the criminal proceedings and the current understanding of this term in Czech law (where is a plurality of opinion in this respect). In connection therewith, the author presents her opinion on the elements of a diversion, and subsequently questions, whether several instruments used in the criminal proceedings should be categorized as a diversion. The aforementioned is followed by a theoretical treatise on the international initiatives in the area of diversions in the criminal proceedings, after which the most significant milestones in the genesis of the various forms of diversion in Czech criminal proceedings are already mentioned; at the same time the constitutional and international limitations connected with these institutes are discussed. The thesis also deals in detail with the very nature and purpose of diversions in the criminal proceedings. The second part of the thesis is...
|
|
|
Criminal Order
Novák, Petr ; Jelínek, Jiří (advisor) ; Nett, Alexander (referee) ; Bruna, Eduard (referee)
1 Criminal Order Abstract The topic of this thesis is a criminal order as an institute of criminal procedural law and at the same time as a kind of decision in criminal proceedings. The first part of the thesis states a detailed description of the recent legal regulation of a criminal order, a systematic classification of a criminal order in the Criminal Procedure Code, the relationship between a criminal order and other provisions of Chapter Twenty of the Criminal Procedure Code is analyzed. The first part also describes positive and negative conditions for issuing a criminal order, describes the punishments that can be imposed by a criminal order, the execution of a criminal order, the delivery of a criminal order, the substantive and procedural effects of serving a criminal order. Subsequently, a protest against a criminal order is described as a remedy sui generis and the effects of a filed protest. The first part also describes the legal force and enforceability of a criminal order and a main trial holding after filing a protest by a person entitled within the deadline. Subsequently, attention is paid to the procedural position of the injured party in proceedings for issuing a criminal order, issuing a criminal order in proceedings against legal persons and the legal regulation of a criminal order in...
|
|
|
Diversions in the criminal proceedings
Tibitanzlová, Alena ; Jelínek, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee) ; Bruna, Eduard (referee)
This dissertation provides a comprehensive account of diversions in the criminal proceedings, which constitute an important part of the modern criminal process. The introduction of the dissertation deals with the reasons for introducing of alternative ways of dealing with criminal matters into Czech criminal law and its current taxonomy. This is followed by a broad description of the development of the term "diversion" in the criminal proceedings and the current understanding of this term in Czech law (where is a plurality of opinion in this respect). In connection therewith, the author presents her opinion on the elements of a diversion, and subsequently questions, whether several instruments used in the criminal proceedings should be categorized as a diversion. The aforementioned is followed by a theoretical treatise on the international initiatives in the area of diversions in the criminal proceedings, after which the most significant milestones in the genesis of the various forms of diversion in Czech criminal proceedings are already mentioned; at the same time the constitutional and international limitations connected with these institutes are discussed. The thesis also deals in detail with the very nature and purpose of diversions in the criminal proceedings. The second part of the thesis is...
|
guest ::
