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Limits of evidence in criminal proceedings
Tretera, Štěpán ; Jelínek, Jiří (advisor) ; Mulák, Jiří (referee)
Limits of evidence in criminal proceedings Abstract The thesis deals with the issues of the limits of the applicability of individual means of evidence in criminal proceedings, especially with regard to the legality of their search and execution. These limits are closely linked to the basic principles of criminal procedure, as they are based on them and are measured by them in judicial practice. The work is based on the Czech statutory regulation of evidence in the Criminal Procedure Code, on the case law of the general courts and the Constitutional Court and, last but not least, on the case law of the European Court of Human Rights, which often assesses whether the evidence used in criminal proceedings does not violate the right of the accused to a fair trial under Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The thesis contains de lege ferenda issues, namely the legal regulation of the search and execution of particular means of evidence in the Criminal Procedure Code, and answers research questions related to evidence. The first chapters of the thesis are focused on the theoretical basis of evidence and the most important case law related to the basic principles of evidence and the process of evidence according to the individual categories of issues that must...
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Basic principles of the law of religious institutes of the Latin church
Tretera, Štěpán ; Tretera, Jiří Rajmund (advisor) ; Horák, Záboj (referee)
Basic principles of the law of religious institutes of the Latin church Abstract The diploma thesis deals with the basic principles of valid law of religious institutes according to the 1983 Code of Canon Law. It also describes the legal-historical development of the basic communities of the evangelical orders. Emphasis is placed on the organizational structure, the activity in society and the most important monasteries in which the community operates. In the general part, the ecclesiastical and special sources of the legal regulation of religious life are discussed. The general part also includes an account of the formation of religious men and women, public vows and institutes related to the communities of the Gospel Councils (e.g. personal prelature, hermitage life, the state of consecrated virgins). In a special section, the individual groups of male and female communities of evangelical orders and their legal-historical development in the Czech lands are discussed. Their origins, activities and their important monasteries or places of work in the Czech lands up to the present day are discussed. The individual male communities of evangelical councils are divided in a special section into groups according to established academic practices into monastic orders, mendicant orders, canons and religious...
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