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Verification Procedure in Preliminary Proceeding
Linhart, David ; Heranová, Simona (advisor) ; Šelleng, Dalibor (referee)
Verification Procedure in Preliminary Proceedings Abstract This diploma thesis covers the verification procedure, that is the first of the two phases of the stage of criminal proceedings referred to as preliminary proceedings. The goal of the thesis is to provide a comprehensive explanation of the verification procedure, its course, as well as the selected entities involved in it. In the relevant passages related to the selected institutes of the verification procedure, the author defines the rules resulting from other legal regulations, judicial conclusions or conclusions of the professional public beyond the scope of the legal regulation contained in the Criminal Procedure Code. In this context, the author identifies, in relation to the selected institutes, the partial shortcomings of the current legislation, which are being compared with the legislation contained in the current draft of the new Criminal Procedure Code, which is the unfinished result of the efforts to recodify criminal procedural law. The first part of this thesis presents an introduction to the topic and discusses the issue of criminal proceedings, its purpose, and its division into individual stages. Within the individual stages of criminal proceedings, the stage of preliminary proceedings, its internal division, and its forms are...
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Decisions in pre-trial proceedings
Kubeček, Jan ; Heranová, Simona (advisor) ; Dvořák, Marek (referee)
Decisions in Pre-trial Proceedings Abstract The rigorous thesis named Decisions in Pre-trial Proceedings deals with decision-making, acquiring the effects of decisions and their notification to the addressees in pre-trial proceedings. Pre-trial proceedings including shortened pre-trial proceedings is the first stage of criminal proceedings. Since we are at the time of preparations for the recodification of the Code of Criminal Procedure, the chapter on pre-trial proceedings defines the pre-trial proceedings de lege ferenda. A decision from the point of view of legal theory is a an individual legal act and a product of the decision-making activity of the state. Decisions in pre-trial proceedings are issued by authorities involved in criminal proceedings - the police authority, the public prosecutor and the court - with a reminder that in exceptional cases other entities also make decisions in pre-trial proceedings, e.g. the President of the Republic. The problematic selection of the court and the public prosecutor's office in the preliminary proceedings that have territorial jurisdiction is analyzed in the case of David Rath. The Constitutional Court orders the interpretation of legal regulations that will not allow the supervising public prosecutor to choose, in principle, any court that is located in the...
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Applying formal defense in the pre-trial phase of criminal proceedings
Štěpánek, Martin ; Vokoun, Rudolf (advisor) ; Mulák, Jiří (referee)
Applying formal defense in the pre-trial phase of criminal proceedings Abstract This rigorous thesis deals with the application of the formal defense in the pre-trial phase of prosecution. The thesis circumscribes the defense in the terms of the defense lawyer in the investigation phase, i.e. after the initiation of the prosecution, while the focus is apart from other things on the important and unneglectable instruments of the defense, particularly on the petition against the resolution of prosecution initiation, the inspection of the court file, also on the participation of the defense lawyer on the investigation, the evidence procurement by the defense lawyer, the study of the court file and the suggestion for completion of the investigation, and the suggestion for the preliminary discussion of the defense. The thesis also shows the peculiarities of the defense during the prosecution of the defendant in detention, while the emphasis in put on the defendant in detention defense execution itself with the focus on the personal visits in the detention center and the matter of demanding release from the detention and utilizing the measures substituting detention. The focus is also on the address of the defense lawyer, or more precisely on their professional limits in relation to the ethical prescriptions and...
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The role of public prosecutor in preparatory criminal proceedings
Křižková, Lucie ; Vokoun, Rudolf (advisor) ; Richter, Martin (referee)
The intended aim of this diploma thesis called The role of public prosecutor in preparatory criminal proceedings is try to remind but also more elucidate the importance and meaning of public prosecutor - in many cases underrated but in fact indispensable subject of criminal proceeding - both to scholarly and the general public. The emphasis is put on the role of public prosecutor in preparatory criminal proceedings. The juristic theory calls public prosecutor by Latin expression dominus litis - it means master of preliminary criminal proceedings. According to actual legislation, criminal proceedings are not conceivable without his participation. The indisputable benefit and decisive effect of public prosecutor for the result of preparatory criminal proceedings is demonstrated by the description of his activities and authorizations. The key role of public prosecutor particularly consists of the supervision over the observance of legality of activities of the police. The public prosecutor bears the responsibility for the result of pre-trial proceedings. The text tries to offer complex but still clear insight to forewarned issues as much as possible and also provides answers to occurring questions. The diploma thesis is divided into four parts - their order tries to reflect coherent continuity of the...
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Participation of a defence counsel in preliminary proceedings
Žůrek, Petr ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
The diploma thesis is focused on the role of defence counsel in preliminary proceedings and its relationship to fulfilment of the accused's right to defence, which is one of the fundamental pillars of observing the right to a fair trial in criminal proceedings. The legal position of a defence counsel has an irreplaceable role in criminal proceedings, as his activity does not consist only in ensuring equality of arms, but also in checking and controlling the activities of law enforcement authorities. In the performance of the defence, the counsel is endowed with duties and rights, which he exercises with the consent of the accused. Special attention was paid to the relationship between the defence counsel and the client, the obligation of confidentiality, the right to participate in investigative actions with an emphasis on questioning the accused, the right of access to the case file due to its insufficient legislation, and finally, also with regard to the SKYPE defence project, the right to communicate with the defence counsel without the presence of a third person.
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The Urgent and the Non-Repeatable Actions
Tomášek, Marek ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
1 The Urgent and the Non-Repeatable Actions Abstract Urgent and non-repeatable actions are a special group of procedural actions of authorities involved in criminal proceedings. The criminal code provides a precise definition of urgent and non-repeatable actions, but in layman's terms, an urgent action must be carried out before the initiation of criminal prosecution, because otherwise it will lose its evidentiary value, and a non-repeatable action cannot be repeated in court proceedings. There is no exhaustive (enumerative) list that would determine which action is urgent or non-repeatable. The urgency and non-repeatability of an action are therefore always determined in each case according to the factual circumstances and relation to a specific person within the framework of application practice, even though judicial decision-making practice provides guidelines for such an assessment. Pre-trial criminal proceedings can be divided into two parts, the part before the initiation of criminal prosecution and the part after the initiation of criminal prosecution. From point of view of the authorities involved in criminal proceedings, the most essential feature of urgent and non- repeatable actions is that they can be carried out even before the initiation of criminal prosecution and the evidence obtained by...
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Public Prosecutor in Preparatory Criminal Proceedings
Chejstovská, Nicole ; Pelc, Vladimír (referee)
1 Abstract The aim of this Diploma thesis is to analyse in the most comprehensive way the status, authority and operation of the Public Prosecutor in Preparatory Criminal Proceedings as well as related disputable issues. The investigation of all criminal offenses, the prosecution of persons who have committed them and the supervision over the compliance with the law in the pre-trial proceedings are the core competencies of the prosecutor throughout the criminal proceedings. A public prosecutor, also known as dominus litis or "master of preliminary criminal proceedings", is responsible for the results of the preparatory criminal proceedings, and it is he who puts forward the accusation to court or decides to terminate the prosecution in the preliminary criminal proceedings. The thesis is divided into five main parts which logically follow and are interconnected. The first part is dedicated to the history of the institute of public prosecution, whose current form has been shaped by years of evolution. In the second part, the reader is broadly acquainted with the Public Prosecutor's office. The main points of this part are the disputable constitutional delimitation, the transformation of the Public Prosecutor's office after the dissolution of Czechoslovakia, the current structure, its administration and...
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The role of public prosecutor in the preparatory criminal proceedings
Blagodárná, Ivana ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The role of public prosecutor in the preparatory criminal proceedings The thesis on The role of public prosecutor in the preparatory criminal proceedings attempts to comprehensively analyse the role and activities of the public prosecutor in the criminal proceedings. The public prosecutor is the significant subject and also the party in the criminal proceedings. His role in the criminal proceedings is irreplaceable and he is able to fundamentally affect the preparatory criminal proceedings through his activities. It depends on him whether the accused will be bring to court or the case will be already terminated in the preparatory criminal proceedings. The paper is dividend into four chapters. The first chapter outlines the historical development of the public accusation in the Czech lands from the the beginning until the present. As the thesis deals with the role of public prosecutor in the preparatory criminal proceedings, so the second chapter deals with the preparatory criminal proceedings and it describes its aim, kinds, periods and functions. The third chapter deals with the role and the competence of the public prosecution in the Czech legal system. There are defined basic principles and rules of the activities of the individual public prosecutors. The fourth chapter represent the very core of...
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Military Police in preliminary proceeding - regulation in legislation and bylaws
Malý, Václav ; Vokoun, Rudolf (advisor) ; Tejnská, Katarína (referee)
Military Police in preliminary proceeding - regulation in legislation and bylaws Abstract The Military Police is a significant and specific police body. Recent statutory amendments have substantially bolstered the function of the Military Police in criminal proceeding. The significance of the Military Police is raised as well thanks to increased investments in the Armed Forces and overall in the Ministry of Defense. There is a lack of theses or specialist reports concerning the legal status of the Military Police in criminal proceeding. The main source of information concerning the legal status of the Military Police in the before- court phase of criminal proceeding or preliminary proceeding is the legislation; particularly an analysis of the Criminal Code and the Military Police Act. However, such information is not complete. Information concerning application of the legislation may be gained by analysis of the Military Police bylaws and by the comparison of legislation and bylaws. The Military Police bylaws had not been analyzed in a thesis until now. Thus, this thesis brings a unique view into the functioning and operation of this police body. The goals of this thesis are as follows: The main goal is to provide a complete overview regarding the legal status of the Military Police. That means to describe...
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The role of state prosecutor in preparatory criminal proceedings
Kroftová, Tereza ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This thesis on the topic of The role of the state prosecutor in the preparatory criminal proceedings is trying comprehensively discuss about activities of the state prosecutor in the preparatory criminal proceedings and possibly to point out individual legal shortcomings. The state prosecutor is an important factor and at the same time party of criminal proceedings. The state prosecutor has irreplaceable role in criminal proceedings, because with it is activities affects preparatory criminal proceedings. The role of the state prosecutor in the preliminary criminal proceedings is crucial because it is he, who bears responsibility for its results. The state prosecutor acts in preparatory criminal proceedings as a so-called dominus litis and has against the police very extensive powers. This thesis is divided into five chapters. The first chapter deals with historical development of Public Prosecutor's Office in the Czech lands since its inception into the present. The second chapter is devoted to the Public Prosecutor's Office and consists of several parts. Is dedicated to definition of the state prosecution, its organization and scope. This chapter also contains major actions of state prosecution and the view of German legislation of the Public Prosecutor's Office. In the focus of this thesis there...
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