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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 Role of a Public Prosecutor in Criminal Proceedings
Devodier, Vendula ; Tejnská, Katarína (advisor) ; Beranová, Andrea (referee)
The title of this diploma thesis is "The Role of a Public Prosecutor in Criminal Proceedings". In the Czech Republic, it is Public Prosecution that is granted the right by the Constitution to prosecute criminal offenses on behalf of the country. Activities arising from this right are the main duties of a public prosecutor. The aim of this thesis is therefore to describe said activities. It is done so chronologically with regard to the different phases of criminal proceedings. Other goals include trying to find problematic areas of the laws that govern public prosecutors, trying to come up with possible reasons behind them and proposing their solutions. This thesis also contains comments on some of the recent changes in the rules governing public prosecution. The first chapter of this thesis contains a brief history and evolution of public prosecution in Central Europe and in the Czech lands as the author believes it is a very useful introduction to public prosecution and its role in criminal proceedings today. Chapter two of this thesis deals with the laws governing public prosecution. First, the Constitution is mentioned including its article 80 and its problematic placement within the Constitution. The author then talks about other significant laws from which all duties of public prosecution...
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State Attorney's Supervision in Preliminary Criminal Proceedings
Horňák, Jakub ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
State attorney's supervision in preliminary criminal proceedings Abstract The diploma thesis relates to State attorney's rights and duties in criminal proceedings. Since the topic of a State Attorney's role in criminal proceedings is broad and the extent of that would exceed the limits of this work, the author have chosen to center the work around supervision of a state attorney as a major part of criminal proceedings that ensures the legality of the criminal process. The work has been split into 6 chapters. In introduction author briefly explains, why he chose the topic, and why he does think this theme is something, that should be worked upon in greater detail. First chapters are concerned with state attorney's office and the scope of its authority that is given to it by the constitution and the statutes. The preliminary criminal proceedings is introduced as a phase of criminal process with its functions and meaning that should is leading to specific decisions. Third chapter is the beginning of the core of this diploma thesis and is dedicated to theoretical description of supervision and its forms. One that can be done strictly by certain state attorney in specific criminal proceeding and the second that is done within the hierarchy of state attorney's offices. Next chapters are about the applications of...
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