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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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Participation of the defense attorney in the preliminary proceeding
Francová, Lucie ; Heranová, Simona (advisor) ; Tlapák Navrátilová, Jana (referee)
Participation of the defense attorney in the preliminary proceeding Abstract The right of defense is one of the most important fundamental rights of a person against whom criminal proceedings are conducted. It can be defined as a set of rights which the law gives to a person in order to enable him or her to defend himself or herself effectively against the charges brought against him or her and to protect his or her rights and interests in criminal proceedings. The person against whom criminal proceedings are brought must be clearly informed of his or her rights at every stage of the proceedings and must be able to exercise them fully. The right of defense consists of several components. It includes the right to defend oneself in the proceedings by the means of one's own choice, the right to choose a defense attorney and to consult him on the manner of defence, and the right to require the criminal proceedings authorities to proceed in such a way as to establish the facts of the case beyond reasonable doubt and to the extent necessary for a decision. This diploma thesis is divided into an introduction, three parts and a conclusion. The first part of the diploma thesis deals with the legal regulation of the right of defense and the content of the principle of the right of defense. The second part of the...
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Defence by the defence counsel in the trial
Hornová, Tereza ; Vokoun, Rudolf (advisor) ; Tlapák Navrátilová, Jana (referee)
1 Defence by the defence counsel in the trial Abstract The aim of this thesis is not only to analyse the legal regulation concerning the defence counsel and the defence in the main trial, and to provide the reader with a de lege lata view on this issue, but also to provide de lege ferenda considerations for some legal institutes. The thesis also provides the reader with a comparison of the current legal regulation and the current version of the draft of the new Criminal Procedure Code (as of 14 October 2022) on selected criminal procedure issues. The content of the thesis is divided into an introduction, four parts and a conclusion. The introduction briefly justifies the choice of this topic and sets out the objectives to be achieved in the thesis. The importance of the right to a defence and the importance of the person of the defence counsel is emphasised. The first part of the thesis defines the right of defence, emphasises the fundamental human rights and freedoms in criminal proceedings and the basic principles of criminal procedure, among which the principle of ensuring the right of defence is emphasised. The second part of the thesis is devoted to the person of the defence counsel. First, it defines the institution of the defence counsel in general terms, then it deals with specific forms of...
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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 Right to Defense in Criminal Proceedings
Hejdová, Petra ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The Right to Defense in Criminal Proceedings - Abstract This rigorosum thesis deals with the issue of the right to defense in criminal proceedings. It aims to provide an overview of its effective legal regulation de lege lata and it also focuses on its problematic aspects. Contemporary interpretative issues are being analysed and also suggestions how to solve them are presented. The thesis is divided into three parts. Whereas the first part is dedicated to the subject of general legal regulation incorporated in the European Convention on Human Rights, the second part includes an analysis of this matter in the Czech legal order and the last part comprises of a thorough study of detailed legal regulation of the specific institute of mandatory defense in the Czech Republic. In the first part of the rigorosum thesis, the right to defense is initially put in the context of the right to a fair trial where its individual specific elements are examined with regard to the European Convention on Human Rights. Given the quite vague formulation of minimal rights set out in the European Convention on Human Rights that only in their complex state form the right to defense in its entirety, the thesis aims to solve unclear aspects of its interpretation as a whole. Grounds for these suggestions are based upon the case law...
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The Position of the Defencee Counsel in Pre-trial Proceedings
Nevařil, Vít ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee)
The study "The Position of the Defence Counsel in Pre-trial Proceedings" examines the status of the defence attorney in the preliminary procedure, i.e. in the pre- trial phase of criminal proceedings. First, the text deals with more significant amendments to the Criminal Procedure Code and with the development, purpose and various forms of the preliminary procedure. In the following part, the study provides a brief outline (model) of the course of the preliminary procedure and offers elementary definitions of fundamental institutes of this procedure. The second part of the study focuses at first on an analysis of fundamental principles of criminal procedure. Out of those principles, most detailed attention is paid to the right to the defence counsel and to the attributes of such right. The third part of the study describes the various requirements imposed on the defence attorney, the defence attorney's rights and obligations, the institute of legitimate defence and discusses finally the most fundamental interference into the accused's right to free election of a defence attorney - expulsion of the defence attorney. This part of the study also provides a more detailed analysis of the client's - defence attorney's privilege and discusses the specific features of the defence of a legal entity. The...
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Defence by the defence counsel in the trial
Juráň, Martin ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Defence by the defence counsel in the trial Abstract The thesis provides the reader with practical overview of the exercise of the rights and obligations of the defense counsel during the trial phase. The aim of the thesis is, in addition to a comprehensive definition of the rights and obligations of the defense counsel in relation to the trial phase of the criminal proceedings, to also set out controversial issues of interpretation of norms of the criminal procedure and deficits of the criminal procedure regulations and outline their possible solutions with regard to the right of defense. The thesis is systematically divided into two parts, the first of which deals with a brief and general description of concepts related to the scope of the thesis. These are, in particular, the right of a fair hearing, the institute of a defense counsel and the stages of the criminal proceedings with an emphasis on the concept of trial phase. The second part is designed taking into account the practical nature of the topic and provides a detailed analysis of the exercise of the rights and obligations of a defense counsel in the trial phase. Emphasis is placed primarily on the exercise of such rights and obligations by which the defense counsel has the opportunity to influcence the decision of the court in favor of the...
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The Right of Defence in the Criminal Proceedings and its Limits
Macháčková, Karolína ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
The Right of Defence in the Criminal Proceedings and its Limits Abstract The thesis deals with one of the fundamental human rights of a person againts whom the criminal proceeding is being conducted, namely the right of defence and its limits in the criminal proceedings in the Czech Republic, because only by exercising the right of defence as a partial element of the right to a fair trial, it is possible to achieve a fair and lawful decision in the matter. The first chapter of the thesis deals not only with the national legislation on the legal and constitutional level, but also with the enshrinement of the right of defence in the international human rights agreements, specifically in the European Convention of Human Rights and in the International Covenant on Civil and Political Rights, and in the regulations of the European Union. The next part of the thesis discusses the various components of the right of defence which include material defence, formal defence including the compulsory defence and the duty of the authorities participating in the criminal proceedings. The chapter is further supplemented by all important rights of the accused which can be exercised within the various stages of the criminal proceedings, including, for example the accused's right to comment on all facts which he is accused of,...
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Participation of barrister in preliminary proceeding
Franc, Tomáš ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Participation of barrister in preliminary proceeding Abstract (ENG) The right of defense I one of the fundamental human rights and one of the most important rights connected with the right to judicial and other protection granted to each person by the Charter of fundamental rights and freedoms. The right of defense includes the right of everyone to defend himself, the right for proceeding of law enforcement authorities, which will ascertain the real situation without reasonable doubt and in particular the right to have and to consult with the barrister. Pursuant to section 35 subsections 1 of the code of criminal procedure, only an attorney, who can be represented by a trainee for individual acts of criminal proceedings, may be the barrister in criminal proceedings. The code of criminal procedure presupposes that the person, which is prosecuted, chooses his or her barrister. In the event that the barrister is not chosen by the accused, although he must have him according to the law, the barrister will be appointed for the duration of the reasons for the necessary defense. Cases of necessary defense are laid down in section 36 of the code of criminal procedure. They are for example proceedings against and accused in custody or proceedings against a fugitive. Barrister's basic rights and obligations are laid...
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The Right to Defense in Criminal Proceedings
Hejdová, Petra ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The Right to Defense in Criminal Proceedings - Abstract This rigorosum thesis deals with the issue of the right to defense in criminal proceedings. It aims to provide an overview of its effective legal regulation de lege lata and it also focuses on its problematic aspects. Contemporary interpretative issues are being analysed and also suggestions how to solve them are presented. The thesis is divided into three parts. Whereas the first part is dedicated to the subject of general legal regulation incorporated in the European Convention on Human Rights, the second part includes an analysis of this matter in the Czech legal order and the last part comprises of a thorough study of detailed legal regulation of the specific institute of mandatory defense in the Czech Republic. In the first part of the rigorosum thesis, the right to defense is initially put in the context of the right to a fair trial where its individual specific elements are examined with regard to the European Convention on Human Rights. Given the quite vague formulation of minimal rights set out in the European Convention on Human Rights that only in their complex state form the right to defense in its entirety, the thesis aims to solve unclear aspects of its interpretation as a whole. Grounds for these suggestions are based upon the case law...
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