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The admissibility of evidence in the Czech criminal proceedings
Zaoralová, Petra ; Jelínek, Jiří (advisor) ; Záhora, Jozef (referee) ; Říha, Jiří (referee)
This PhD thesis focuses on the admissibility of evidence in criminal proceedings. Appropriate setting of limits of admissibility of illegally obtained evidence in the criminal proceedings is not only regarded as one of the main guaranties of fair justice system, but also represents topical and vital issue which raises number of legal dilemmas. The importance of the topic has been increasing recently as gathering of evidence in criminal proceedings often conflicts with the fundamental rights of individuals that are subject to severe limitation on constitutional and especially international level and that are broadly endangered during the process of collecting evidence. The core of the thesis lies in the in-depth analysis of current legislation, jurisprudence and case law dealing with the issue. Within the framework of that analysis, all of the important and disputed questions relating to the general aspects of admissibility of evidence are examined from the perspective of jurisprudence and case law; the knowledge is enriched with real practical impacts on domestic judicial practice. Special attention is paid to the issues related to the exclusion of illegally obtained evidence from the process of evaluating evidence and forming final decision on the case. The thesis does not overlook the problems...
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The admissibility of evidence in the Czech criminal proceedings
Zaoralová, Petra ; Jelínek, Jiří (advisor) ; Záhora, Jozef (referee) ; Říha, Jiří (referee)
This PhD thesis focuses on the admissibility of evidence in criminal proceedings. Appropriate setting of limits of admissibility of illegally obtained evidence in the criminal proceedings is not only regarded as one of the main guaranties of fair justice system, but also represents topical and vital issue which raises number of legal dilemmas. The importance of the topic has been increasing recently as gathering of evidence in criminal proceedings often conflicts with the fundamental rights of individuals that are subject to severe limitation on constitutional and especially international level and that are broadly endangered during the process of collecting evidence. The core of the thesis lies in the in-depth analysis of current legislation, jurisprudence and case law dealing with the issue. Within the framework of that analysis, all of the important and disputed questions relating to the general aspects of admissibility of evidence are examined from the perspective of jurisprudence and case law; the knowledge is enriched with real practical impacts on domestic judicial practice. Special attention is paid to the issues related to the exclusion of illegally obtained evidence from the process of evaluating evidence and forming final decision on the case. The thesis does not overlook the problems...
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Agreement on Guilt and Punishment
Zaoralová, Petra ; Jelínek, Jiří (advisor) ; Herczeg, Jiří (referee)
The submitted thesis is addressed to the institute of Agreement on Guilt and Punishment which has been adopted to the Czech criminal proceedings by the amendment to the Criminal Procedure Code, the Act no. 193/2012 Coll., as effective of 1 September 2012. The inspiration of implementing the new procedural institute was drawn from the Anglo-Saxon institute of "Guilty Plea" which was modified and adapted to the Czech legal environment. The Czech legislator has significantly diverged from fundamental theoretical grounds commonly recognized in other countries abroad while setting up such application conditions which has legitimately risen debates questioning the position of the Agreement on Guilt and Punishment in the Czech legal system itself. The thesis is divided into six chapters. The introductory chapter deals with systematic and ideological foundations of plea bargaining and summarizes the reasons why has been originally Anglo-Saxon institute progressively implemented to many continental legal systems across Europe. Second chapter offers the summary of valuable international case law and presents the plea bargaining process from the view of European Court of Human Rights. Third chapter focuses on legislation related to the Agreement on Guilt and Punishment in other continental law jurisdictions laying...
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Criminal defences regarding the provision of health care services.
Zaoralová, Petra ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The criminal defences are of a very high importance especially in the context of health care services. They set the conditions under which health care services may be provided without any criminal sanction. Legislation regarding the criminal defences has been under constant development and the topic remains very actual nowadays. The thesis is divided into five chapters. First chapter introduces the reader the issue and explains the importance of dealing with criminal defences. Second chapter concerns general aspects of criminal defences and is divided into three parts. First of them deals with the term of unlawfulness, since the circumstances which are subject to this research, exclude the unlawfulness. Next part is dedicated to the legal regulation of defences and relations between them. Last part of first chapter explains philosophical and moral principles of acting within the scope of defences. Such principles are introduced both on a theoretical level and practical cases. Third chapter deals with particular criminal defences, including the defences which are not explicitly stated in the criminal code, and thoroughly explains issues related to them in its five parts. First part offers detailed overview of conditions of necessity and its impact on providing of health care services. Attention is paid also...
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The comparison of restorated and successional areas from the point of view ofthe plant diversity - Suchdol sandpit lakes, Třeboň Basin Area
ZAORALOVÁ, Petra
The Diploma´s thesis deals with the issue of comparison of recultivated areas and areas in the point of ecological succession from the viewpoint of the plant diversity of chosen hydro-ecosystems of Trebon basin, in the area of Suchdol nad Lužnicí. Mapped sandpits Cep, Cep I, Tušť a Františkov are situated in the flood plain of the river Lužnice. Local mining of sandy gravel started in 1950s and in some areas it has not finished until now. Every mining process leads to extensive damages of the landscape, which should be corrected. The aim of this thesis is to map and compare the areas on the coast of extracted sandpits where the recultivation was done with those which were left to "controlled" ecological succession.
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Economic evaluation of reclamation of surface mining disturbed areas in Sokolov region.
ZAORALOVÁ, Petra
This bachelor thesis includes economical review of recultivated areas at sokolovská basin, which were corrupted by surface mining. Core of the thesis is a glossary of literature, which contains history and present state of mining and recultivating activities at Velká podkrušnohorská dump, and it also contains processing of aquired budgets and realization prices from mining company Sokolovská uhelná, legal succesor a. s. The aquired data was transformed into tabs to review given financial resources on selected recultivational phases. In the end is a summary of the effectivness of recultivational costs, maintaining and usage of the recultivated areas.
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