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Intervention (the In-Person Presence) of the Public Prosecutor During Trial in the Czech Context
Žibřidová, Alena ; Drápal, Jakub (advisor) ; Richter, Martin (referee)
Intervention (the In-Person Presence) of the Public Prosecutor During Trial in the Czech Context Abstract The public prosecutor, although long over-looked by doctrinal and empirical research, is a vital element that guides the dynamics and the outcome of criminal proceedings. Nevertheless, prosecutorial intervention (the in-person presence) during trial has not yet been theoretically explored or empirically studied. Therefore, we do not know whether prosecutors approach this subject in a principled and consistent manner, with respect to its original purpose. Based on theoretical premises, I first analyse the elements that influence the role of the public prosecutor, and then I apply these to the Czech criminal justice system. I conclude that, regarding the conceptual role of the Czech prosecutor, which prosecutor attends the court hearing is significant. I then propose a theoretical framework, which reflects both the purpose of the institute of intervention and the specifics of the prosecutor's role during trial. In the empirical section of this master's thesis, I explore the practices adopted at district prosecutors' offices across the prosecution system. For this purpose, I develop four research questions that are directed both (i) at the level of the public prosecution service and (ii) at the practice...
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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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The principle of legality and opportunity in criminal proceedings
Vrbová, Johana ; Mulák, Jiří (advisor) ; Beranová, Andrea (referee)
THE PRINCIPLE OF LEGALITY AND OPPORTUNITY IN CRIMINAL PROCEEDINGS Abstract This diploma thesis deals with the issue of the principle of legality and opportunity in criminal proceedings. The aim of this thesis was to establish the development of exceptions to the principle of legality. The introductory part focuses on the conceptual definition of both principles, how the view of expert criminal law authors on both principles has changed until current definition. The section on the definition of both principles is followed by their embedding and form in the criminal codes of the years 1873, 1950, 1956, 1961, up to the current version of the Criminal Procedure Code. On what principles were these criminal codes based and what purpose the principle of legality fulfilled, or whether there were exceptions to this principle in the individual criminal codes. The principle of legality imposes the duty on the prosecutor to prosecute all crimes which he becomes aware of, so the thesis then focuses on this duty and how the principle of legality is related to other general principles. The main focus of this thesis is to analyse the individual exceptions to the principle of legality that are enshrined in the current version of the Criminal Procedure Code and those that are based on directly applicable legal regulation of...
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The role of public prosecutor in the insolvency proceedings
Kubala, Tomáš ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
- 1 - The role of public prosecutor in the insolvency proceedings Abstract The activity of public prosecution is exclusively associated with the criminal proceedings. Therefore, the fact that it also has a very important non-criminal scope of authority is oftentimes forgotten. The primary focus of this thesis is to uncover such second part of its authority, particularly with respect to the insolvency proceedings. Due to the fact that the position of public prosecution has not yet been properly clarified, cases in real life occur, in which even parties to the proceedings themselves question, whether the public prosecution being a party to the respective insolvency proceeding can be deemed as beneficial or whether it was even entitled to exercise some of its procedural acts. The first part of this thesis shall focus on the historic summary of evolution of non-criminal authority of public prosecution (including the insolvency proceedings) and on specification of the basic principle, which is to be pursued or followed during the course of its (entire) activity and which has undergone some evolution throughout the history as well. In the next part, the general legislation shall be discussed which allows the public prosecution to enter into certain proceedings, and even initiate a few of them. Some of the...
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Professional Ethics of Public Prosecutors in the Czech Republic
Novotný, Jiří ; Friedel, Tomáš (advisor) ; Chmel, Jan (referee)
Professional ethics of public prosecutors in the Czech Republic Abstract The diploma thesis is dedicated to problematics of professional ethics from its historical concept, conceptual meaning and development, to current perception and practical application in Czech republic, focusing on public prosecutors of Czech republic. Its purpose is to give readers an insight into theoretical basis of the problematics in question and their influence on current practical uses in the light of current legislation, case study, and other relevant sources. The thesis is structured into three chapters arranged in content from the most abstract chapter to the analysis of specific legal institutes and case studies in the last chapter. It therefore proceeds from the general to the specific in terms of the content. The first, theoretical chapter, focuses on the definition of a key concept in this thesis, the ethics, and other related concepts that are included in the thesis, such as morality, responsibility and law. Furthermore, their mutual relations, connections and differences of meaning are also remembered. The second chapter deals with the professional ethics of public prosecutors with regard to their constitutional grounding in the legal order of the Czech Republic and other legal regulation of lower legal force. It also...
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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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Problems of public prosecution
Kořízková, Simona ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
Problems of public prosecution Abstract The subject of the diploma thesis is a systematic description of the characteristic features of the effective law regulation of public prosecution, its critical analysis and subsequent identification of its shortcomings with a possible proposal for its possible solutions. A public prosecution constitutes the protection of the public interest by means of the penal code, thus showing a close link with the criminal code and also with the right to a fair trial. The body of public prosecution is a very important institute in a democratic state governed by the rule of law, and therefore this thesis focuses first on the basic aspects defining this body, and then on identifying its shortcomings and looking for possible solutions aimed at making public prosecution legislation more efficient. The thesis focuses on the theoretical basis and with the help of a questionnaire survey created for the purposes of this thesis, also on the problematic issues that arise in the use in practice. The main focus of the diploma thesis is contained in its second and third part. The first part of the diploma thesis deals with the definition of the term public prosecution and its historical development, in order to understand the very essence and roots of the public prosecution body. Therefore,...
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The Role of the Public Prosecutor in Criminal Proceedings
Novotná, Petra ; Tejnská, Katarína (advisor) ; Šelleng, Dalibor (referee)
The Role of the Public Prosecutor in Criminal Proceedings The diploma thesis deals with the role of the public prosecutor in criminal proceedings. The public prosecutor has an irreplaceable role in criminal proceedings, and he has statutory powers in all stages of criminal proceedings. The aim of this thesis is to provide an overview of the activities of the public prosecutor in criminal proceedings and to make an analysis of two selected areas. This thesis consists of five parts, which are further divided into chapters. The first part deals with the historical development of public prosecution in our territory between 1918 and 1993. It provides a brief overview of the fundamental change that public prosecution has undergone in this period. The second part is dedicated to the general characteristics of the Public Prosecutor's Office. The first chapter focuses on the constitutional definition of the Public Prosecutor's Office. The next chapter deals with the description of the Public Prosecutor's Office and the method of filling the position of the public prosecutor, part of the chapter describes the issue of supervision within the Public Prosecutor's Office. The last chapter provides an overview of the public prosecutor's powers outside the area of criminal proceedings. The third part focuses on...
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