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National Repository of Grey Literature 2 records found  Search took 0.01 seconds. 
The consequences of breaching the rules on evidence for the effectiveness of the evidence
 Šverma, Patrik ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
1 The consequences of breaching the rules on evidence for the effectiveness of the evidence Abstract This diploma thesis deals with the issue of ineffectiveness of evidence in connection with the violation of rules on evidence. One of the two main goals of this work was to acquaint the reader with the issue, especially with the help of analysis of current legislation, the views of leading experts in criminal science and also a rich case law of the courts. The second main goal was to propose a de lege ferenda solution that could contribute to solving the most pressing problems of the current legislation. The diploma thesis is divided into six parts, including the introduction and conclusion. The first chapter provides the reader with a theoretical basis for easier understanding of this issue. It explains the basic terminology occurring in the field of evidence and the basic sources of law that will accompany the reader throughout the thesis are introduced. There is also a detailed explanation of the basic principles of criminal proceedings concerning the evidence as whole. In addition, at the end of this chapter, the stages of criminal proceedings are mentioned with a brief description of their specifics with a regard to the evidence in these specific sections. The second chapter is devoted to the concepts...
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The consequences of the breaching the rules on evidence for the effectiveness of evidence
 Šabatková, Tereza ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
This diploma thesis deals with the ineffective evidence in the context of criminal procedure in the Czech Republic. The aim of this thesis is to provide a coherent interpretation on this topic, analyse current legal framework including its shortcomings and supplement the thesis with a sufficient number of applicable case law. The thesis is systematically divided into three main chapters. The first chapter is a short interpretation of key terms, principles of the law of evidence and fundamental sources of law related to the evidence. The second chapter is crucial for understanding this issue. This chapter is devoted to the evaluation of evidence from the point of view of their legality as well as the possibility of using such as evidence in criminal proceedings subject to the statutory rules on evidence. After a theoretical introduction on absolute and relative inefficiency of evidence, the legality of evidence is described in detail according to five different aspects, which determine legal boundaries of evidence. These five aspects are means of evidence, the subject of evidence, stage of proceedings, the subject-matter of evidence and taking of evidence. Part of this chapter is also dedicated to the issue of whether the inefficiency of evidence has an impact on evidence obtained as a result of...
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