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The Role of Public Prosecutor in Criminal Proceedings
Čermák, David ; Mulák, Jiří (advisor) ; Beranová, Andrea (referee)
The Role of Public Prosecutor in Criminal Proceedings Abstract This diploma thesis on the topic of The Role of the Public Prosecutor in Criminal Proceedings identifies and presents the key parts of the regulation related to the position, role and tasks of the public prosecutor in criminal proceedings. Public prosecutors play an important and irreplaceable role in the system of criminal justice. It manifests itself to the full in particular in criminal preliminary proceedings, in which the public prosecutor exercises his supervisory powers over the procedure of the police authority and has a number of exclusive powers that enable him to effectively control and manage the course of this phase of the criminal proceedings. Furthermore, it is exclusively the public prosecutor who in the Czech Republic is authorized to initiate criminal proceedings before a court and to represent a public prosecution in it. The aim of the thesis is not only to bring closer the key parts of the regulation regarding the role of the public prosecutor in criminal proceedings, but also to critically analyze and place them in a wider context. It approaches individual topics and questions primarily conceptually and tries to use the inductive method to abstract from the specific regulation a conclusion about what role the representatives...
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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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The status of the state prosecutor in preparatory criminal proceedings
Králová, Nicola ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The status of the state prosecutor in preparatory criminal proceedings Abstract The topic of the thesis is "The status of the state prosecutor in preparatory criminal proceedings". This issue is still relevant not only in the area of the criminal law, but also from the point of view of the public. Given the importance of the role of the Public Prosecutor's Office in a democratic state governed by the rule of law, it is necessary for the legislation, which governs the competences of the Public Prosecutor's Office, to respect the present needs of the public. The above mentioned issues resulted in discussion regarding recodification of the criminal proceedings and the Act on the Public Prosecutor's Office. However, the preparation of the new legislation must not overlook possible negatives of an innovative approach. It cannot be assumed that there would be full consensus on all aspects of the legal status of the state prosecutor, but the recodification must not cause systemic failure and paralysis of the state prosecutor's competences. The first chapter deals with the historical development of the Public Prosecutor's Office in the Europe with a focus on Czech territory. The following chapter focuses on the current regulation of the Public Prosecutor's Office in the Czech Republic. It also deals with the power...
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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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