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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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Procedural principies for producing evidence
Skřebský, Jan ; Střeleček, Tomáš (advisor) ; Zahradníková, Radka (referee)
The presented master's thesis discusses the branch principles of civil procedure and thein application in the process of evidence. Legal principles serve as the foundation of every legal field and represent the fundamental measure for the interpretation and application of legal norms. Evidence is a crucial area of civil procedural law because it is only through the process of evidence during judicial proceedings that the basic purpose of objective law, which is the protection of its subjects, is expressed. The question of procedural principles is a common subjekt of debate in relation to the amendment of the Civil Procedure Code and the potential future form of a new Civil Procedure Code. Since these principles influence the nature of different types of proceedings, they are often the subjekt of examination in terms of thein signifikance for a specific type of proceeding. The aim of this thesis is to evaluace the fiction of procedural principles in civil proceedings. While the primary focus of my research is thein impact on evidence, an adequate interpretation of them cannot be provided without considering their influence on the entire course of proceedings, including pre-proceedings processes and thein expression in court decisions. Another objektive of this thesis is to provide a comprehensive...
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Nemo tenetur se ipsum accusare principle
Ryger, Tomáš ; Vokoun, Rudolf (advisor) ; Richter, Martin (referee)
Principle nemo tenetur se ipsum accusare Abstract This thesis is devoted to the principle of nemo tenetur se ipsum accusare (the right against self-incrimination), one of the most important rights of the defense in criminal proceedings. This thesis provides a comprehensive view of the principle of nemo tenetur and its application in the Czech legal system, where special attention is paid to the interrogation of the accused and the witness. Thesis begins with an interpretation of the term "principle" in law and includes the principle of nemo tenetur as a basic principle of criminal proceedings, even though it is not explicitly listed in § 2 of the Criminal Code. The second chapter is devoted to the historical development of the nemo tenetur principle in ancient times and its subsequent development on the territory of the Czech state. In the next part of the thesis, international human rights treaties to which the Czech Republic is bound and which contain the principle of nemo tenetur are examined. Furthermore, the legal embedding of the principle of nemo tenetur in Czech national law, both at the constitutional and statutory level, including the new draft of the Criminal code, is discussed in this chapter. This is followed by a chapter devoted to the interrogation of the accused, where the limits between...
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Evidence in civil appeal proceedings
Toman, Petr ; Holčapek, Tomáš (advisor) ; Dvořák, Bohumil (referee)
Evidence in civil appeal proceedings Abstract The topic of the master's thesis is evidence in civil appeal proceedings with a focus on contentious proceedings. Evidence is often referred to as the backbone of the civil process, as it is supposed to guarantee a fair decision in the case. In appeal proceedings, the importance of evidence is even stronger, as it is used to review the correctness of the contested decision. The aim of the master's thesis is to provide a comprehensive and complete overview of the legal issue of evidence in civil appeal proceedings, to discuss its most important aspects, to point out deficiencies in the current legislation and propose changes de lege ferenda. In order to fulfil the set objectives, the thesis is systematically divided into four chapters. The first chapter defines the basic terms - procedural evidence and appeal, the understanding of which is crucial for the rest parts of the thesis. In connection with the mentioned terms, the term means of evidence, evidence, subject of evidence and individual types of correction systems - the system of complete and incomplete appeal system, cassation system and revision system, are also characterised here. The second chapter provides an overview of the most important works of prominent Czech personalities of the civil process. The...
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Evidence proceeding focused on expert opinion
Kudrna, Vojtěch ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
THESIS TITLE, ABSTRACT AND KEYWORDS Evidence proceeding focused on expert opinion This diploma thesis is dedicated to the problematics of performance of expert activity in relation to judicial evidence proceeding. The main goal of this thesis is to provide a comprehensive explanation about expert opinion whereas it is based on effective legal regulation of expert activity, on higher courts judicial practice and finally on professional literature. Understanding of this issue may play a significant role in both expert opinion elaboration and its subsequent production and evaluating before courts. The diploma thesis is notionally divided into two parts. The first part is the theoretical part, and it includes the first to third chapters of the thesis. In the first chapter the thesis delas with a general description of evidence proceeding in civil procedure. There are explained the basics concepts of this process without which would not be possible to continue in next explanation. There are also described other typical means of proof together with their specific characteristics in order that the reader of the thesis can distinguish the differences between them and expert opinion. In the second chapter of this thesis is discussed expert activity as such. Particularly important subchapter of this chapter is...
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Selected issues proof of custody of minors
Behr, Tomáš ; Frintová, Dita (referee)
Proficiency in the care of minors requires a multidisciplinary approach because family circumstances are undergoing significant changes, and the court decision must look for the interest of the child, especially for the future. Such an approach is not limited to its own evidence by classical means of evidence but also takes into account the results of procedural deflections, such as mediation, family therapy, exam care. As for the individual evidence, it must be accentuated that the child's view may not always be determined directly, that the authenticity and accuracy of the charter should be judged by substantive assumptions, and that expert opinions should represent the ultimate solution to the parental conflict. Finding an agreement can also help provide a longer timeframe as well as lessons learned by the court on the length and cost of proceedings in which the court should wait for an expert opinion. Proper evidence taking helps to solve parents' most frequent conflicts on the joint custody, or on the debt of maintenance. The Constitutional Court interprets the presumption of alternate care as wrong because it prefers equality of parents to the interest of the child and because it imposes on the state the burden of proof, although it is obliged to observe the principle of investigation....
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Selected Problems in Evidence
Bečvářová, Darina ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Various problems which relate to the obligation of assertion and obligation of evidence and corresponding burden of assertion and burden of evidence and activity of a court connected with them are the topic of my diploma thesis. The first part concentrates on the definitions of basic terms, which appear in the field of evidence, for example the evidence as a complex process, the subject of evidence, means of evidence and also key terms as burden of assertion and burden of evidence. The next part of the thesis is focused on the description of the institute, which was introduced to the legal system in 2009 and the aim of which is to make civil procedure faster and more effective. This institute is the concentration of the procedure, principle of which is to bring about the state of termination of facts and evidence, which means that parties of the civil procedure are allowed to present facts important for the decision of the court and evidence connected with them only until a certain moment, if they present them later, they will not be relevant for the court. In the present, the parties are obligated to fulfill these obligations until the end of the preliminary procedure happens, respectively until the end of the first procedure in front of the court happens or when the parties are given an additional...
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Selected issues of proving in criminal proceedings
Polanský, Ivo ; Jelínek, Jiří (advisor) ; Galovcová, Ingrid (referee)
1 Abstract This thesis deals in particular with the analysis of the process of presentation of evidence in penal proceedings, its basic principles, as well as the constitutional limitations within which the evidence-making process should be carried out. However, some other questions, especially legal and philosophical ones that are directly related to the presentation of evidence in the penal or legal proceedings cannot be ignored. The chosen topic can undoubtedly be considered to be very topical. This is because the presentation of evidence in penal proceedings is, besides the decision-making process itself, the most important procedural activity carried out by the bodies responsible for penal proceedings and participated by other entities involved in the penal proceedings. The aim of this thesis is to give a brief and comprehensive overview of some specifically selected problems of presentation of evidence in penal proceedings. Naturally, with regard to the chosen topic and its scope, it is not possible to comprehensively process all the areas that are related to the issue of presentation of evidence. Chapter 5, 6 and 7 can be considered crucial to the thesis in question, as they provide, in particular, the analysis of existing evidence-making legislation in penal proceedings. The basic principles of...
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Evidence (disclosure) in civil proceedings
Trojan, Tomáš ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
As a topic of my thesis I chose one of the fundamental topics of the civil procedure, because in the evidence in civil proceedings the court gets the grounds for a fair decision in the matter. Although it may seem classical, the topic is still very important because of modern trends and frequent amendments of the Civil Procedure Code. The issues related to evidence procedure are not only interesting, but also essential for practice, because the final judgment relies upon various pleadings of the parties and activity of the court. Due to its extent and significance, the topic cannot be fully covered by one thesis, and thus during elaboration of the thesis I divided it in two sections. The first section examines the general problems connected with evidence in civil proceedings and the second section deals with selected issues of evidence in civil proceedings, respective burdens and phases of the evidence procedure. In the first section I tried to define the term evidence and the subject of the evidence by finding what does and what does not belong therein. This section also addresses identical statements of the parties. Further I focused on institutes that facilitate the evidence in civil proceedings. Among these I examined legal fictions which allow to bring in a decision even where some statements...
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Expert evidence in criminal proceedings
Borčevský, Pavel ; Musil, Jan (advisor) ; Gřivna, Tomáš (referee) ; Sváček, Jan (referee)
This thesis addresses the use of expert evidence in criminal trial proceedings. The author's primary aim is to present a thorough analysis of this highly specific form of evidence as contained in the Criminal Procedure Code, Act No. 141/1961 Coll., to identify its insufficiencies, and to suggest some potential legislative modifications. The author is aware that the role of an expert in criminal proceedings is also determined in part by the Act on Experts and Interpreters, Act No. 36/1967 Coll., but he deals with this organizational norm only marginally, as his main goal is to analyze the possibilities of using expert evaluations within the framework of criminal procedure. In this thesis, the author describes the historical development of this type of evidence, discusses the concept of the role of the expert in legal theory, and above all, presents his views regarding the law currently in effect, describing the use of expert evidence from its initial stages of appointment of an expert to the preparation and presentation of the expert opinion and the evaluation thereof. The author also takes account of some currently topical issues such as the confrontation of experts and the use of computer software in the expert's work. Given that recodification of the Criminal Procedure Code is currently underway,...
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