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The principle of material truth in criminal proceedings
Vicher, Pavel ; Mulák, Jiří (advisor) ; Heranová, Simona (referee)
1 The principle of material truth in criminal proceedings Abstract The diploma thesis deals with the principle of material truth in criminal proceedings, which is reflection of the principle of factual findings in the criminal proceedings. The aim of the work is to determine whether the principle of material truth is still leading principle of criminal proceedings (i.e. the purpose of criminal procedure). To this end, the work analyses the rules of evidence, while also points out elements that weaken the principle of material truth. The diploma thesis is divided into six chapters. The first chapter is dedicated to legal principles. Firstly, is briefly considered the substance of principles in law and specificularity of their application. The remainder of the chapter is dealt with basic principles of criminal proceedings in general with emphasis on their functions in criminal proceedings. At the start the second chapter defines three principles of factual findings, namely principle of material, objective and formal truth. What follows is short history of Czech legislation. This chapter primarily deals with the principle of material truth and its current conception in the Czech Criminal Code in essential connection with other principles of criminal proceedings. The third chapter deals with regulation of...

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