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Aspects of public procurement in context of Criminal Law
Svatoň, Michal ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
The topic of this thesis is the analysis of criminal activities related to public procurement, the analysis of individual crimes that affect public procurement, the analysis and analysis of individual means of evidence used by law enforcement agencies to detect and prove criminal activities. At the same time, the thesis deals with and analysis of selected criminal offences that are imposed in connection with criminal activities related to public procurement. The aim of the thesis is then to evaluate the possible shortcomings in the legal regulation and the proposal for modification of the legal regulation. To this end, the thesis also deals with a comparison with foreign legislation in order to possibly inspire de lege ferenda proposals. The thesis is divided into five thematic chapters. The first chapter analyses the existing regulation of public procurement with the definition of concepts crucial for the criminal law regulation of public procurement. The author also briefly makes a comparison with the previous legal regulation, taking into account the fact that the terms mentioned in the criminal regulation refer precisely to the previous legal regulation of the Public Procurement Act. For this reason, the author also compares the concepts of both the Public Procurement Act and the Public...
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Compensation of immaterial damage in criminal proceedings
Klatovský, Jakub ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
121 Compensation of immaterial damage in criminal proceedings - Abstract The topic of this rigorous thesis is compensation for immaterial damage in criminal proceedings. This topic is mainly related to the question of fulfilling the conditions for its compensation and determining its amount. This thesis deals with the victim's entitlement to claim compensation for immaterial damage and a series of related issues, especially in relation to the determination of the amount of the claim for compensation for immaterial damage. The application and quantification of the injured party's claim in monetary form is considerably more complicated than in the case of compensation for material damages, and therefore this issue requires increased attention. The purpose of this thesis is to point out the procedural procedure of making a claim by the injured party in adhesion proceedings, the decision-making practice of the Supreme Court and the Constitutional Court, which often come into conflict with each other, and at the same time to put forward my own proposals for possible changes to the current wording of the Criminal Procedure Code. This rigorous thesis is divided into six chapters, each chapter dealing with a selected aspect of the issue of compensation for immaterial damage in criminal proceedings. The first...
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Limits of evidence in criminal proceedings
Tretera, Štěpán ; Jelínek, Jiří (advisor) ; Mulák, Jiří (referee)
Limits of evidence in criminal proceedings Abstract The thesis deals with the issues of the limits of the applicability of individual means of evidence in criminal proceedings, especially with regard to the legality of their search and execution. These limits are closely linked to the basic principles of criminal procedure, as they are based on them and are measured by them in judicial practice. The work is based on the Czech statutory regulation of evidence in the Criminal Procedure Code, on the case law of the general courts and the Constitutional Court and, last but not least, on the case law of the European Court of Human Rights, which often assesses whether the evidence used in criminal proceedings does not violate the right of the accused to a fair trial under Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The thesis contains de lege ferenda issues, namely the legal regulation of the search and execution of particular means of evidence in the Criminal Procedure Code, and answers research questions related to evidence. The first chapters of the thesis are focused on the theoretical basis of evidence and the most important case law related to the basic principles of evidence and the process of evidence according to the individual categories of issues that must...
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Agreement Upon Guilt and Punishment as a Tool for Safeguarding Rights of the Accused
Podliska, Vojtěch ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The vast majority of all criminal cases is dealt by so-called diversions of criminal proceedings as the alternative way of dealing with criminal cases. The diploma thesis deals with an agreement on guilt and punishment, which can be considered as this type of special criminal proceedings. Although plea bargaining (agreement on guilt and punishment) is quite a new topic to the Czech legal system, it is often discussed among scholars. In the thesis, I will describe plea bargaining concerning its impact on the rights of the accused. The thesis is divided into 10 chapters, including an introduction and a conclusion. In the beginning (chapters 1 and 2), I will focus on the description of diversions of criminal proceedings as well as plea bargaining. In the chapter 3, I will describe the legal regulation of plea bargaining under the Czech Code of Criminal Procedure. Then, I will focus on the specific areas of plea bargaining having the greatest impact on the rights of the accused, especially the role of the court of law in plea bargaining, its application within the framework of cases with multiple accused and securing of free will of the accused in entering into plea agreement (chapters 4-9). The final part contains legislative proposals de lege ferenda and conclusion (chapters 9 and 10). The outcome of...
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Agreement on guilt and punishment
Koblasová, Jana ; Bohuslav, Lukáš (referee)
Agreement on guilt and punishment Abstract The subject of the work is the institute of an agreement on guilt and punishment as a special way of handling criminal cases. The essence of an agreement on guilt and punishment is an agreement between the public prosecutor and the accused, in which the accused confesses to committing the act for which he is being prosecuted, in exchange for imposing a lesser punishment than that which would threaten him in standard criminal proceedings. It is a form of diversion in criminal proceedings, which is intended to speed up and simplify criminal proceedings. The agreement on guilt and punishment is enshrined in the Czech legal system for a relatively short period of time. It was introduced in 2012. As the guilt and punishment agreement did not materialize in practice in the following years, certain changes had to be made. These occurred in 2020 when, for example, an agreement on guilt and punishment was made possible for particularly serious crimes. The work is structured into six chapters. The first chapter deals with the question of whether it is possible to classify the agreement on guilt and punishment among the diversions in criminal proceedings. To answer this question, it was necessary to clarify the very concept of diversion. The work also briefly deals with the...
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Appeals in criminal proceedings
Pícha, Lukáš ; Vokoun, Rudolf (advisor) ; Mulák, Jiří (referee)
APPEALS IN CRIMINAL PROCEEDINGS Abstract This thesis analyses the legal regulation of appeals in criminal proceedings. The introduction describes the author's motivation for choosing this particular topic, as well as the basic goals of the work the thesis. The main intention of the author was to thoroughly analyze the valid legal regulation of the institute of appeal, with the aim of making a comprehensive analysis. For this purpose, the author gradually discusses the inclusion of the institute of appeal in the system of remedies, the basic principles of the remedial proceedings as well as the development of appeals in the Czech Republic. A partial aim of the thesis was to present problematic issues related to the appeal, to argue over them and to propose their de lege ferenda solution. In this context, the views of leading experts, including key court decisions, are also presented. Finally, the aim was to compare the legal regulation of appeal with foreign legal regulations. The author decided to compare the institute of appeal with the regulation in the German and Slovak legal systems. The first chapter of the thesis is devoted to the general characteristics of remedies in criminal proceedings. The author gradually comments on the essence and purpose of the remedial proceedings and continues with...
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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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Criminal Trial
Bartoš, Marek ; Šámal, Pavel (advisor) ; Vokoun, Rudolf (referee)
1 CRIMINAL TRIAL Abstract The subject of this thesis is the criminal trial as the most important stage of the criminal proceedings. In this stage, the facts are established on the basis of evidence according to the precise provisions of the Czech Criminal Procedure Code and subsequently, the guilt or innocence of the defendant is determined. Aim of this thesis is to describe the criminal trial, from the definition of the basic principles on which it is based, through its preparation, taking of evidence, to the court's decision at the end. The emphasis is on theoretical interpretation of the key institutes and also to the problems encountered in practice. The thesis is supported with relevant case law, proceedings in juvenile and corporate cases, and also with de lege ferenda proposals that are either already part of the draft of the new Criminal Procedure Code or should be part of it. The thesis consists of a total five chapters, an introduction and a conclusion. The first chapter deals in detail with the application of the basic principles of criminal procedure in the criminal trial and also discusses the debated expression and placement of these principles in the new Criminal Procedure Code. One of the subchapters discusses in detail the institution of plea bargaining in terms of the principles. The...
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Expert evidence
Šváb, Martin ; Richter, Martin (advisor) ; Bohuslav, Lukáš (referee)
Expert evidence Abstract This thesis deals with the use of expert opinion as evidence in criminal proceedings, the conditions for its admissibility and possible defects of such expert opinions. Expert opinions play a significant role in criminal proceedings and are often irreplaceable evidence in the process of proof. Despite their irreplaceability, however, they do not carry any greater weight or probative force among other evidence and must therefore, like other evidence, be assessed in accordance with the principle of the free evaluation of evidence. The thesis deals with the basic institutes of the law of evidence, expert activities, the status and conditions of activities of individual subjects of expert activities and expert opinions, the process of their preparation and their taking. It describes the process of preparation and the individual parts of an expert opinion according to the new legal regulation implemented by Act No. 254/2019 Coll., on Experts, Expert Offices and Expert Institutes (Act on Experts) and the related implementing decrees. The thesis describes the basic requirements that an expert opinion must meet in order to be admissible evidence in criminal proceedings, and at the same time describes what defects in expert opinions are recognized by theory and practice using case law...
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Criminal procedure in front of a single judge
Hassmannová, Valentýna ; Říha, Jiří (advisor) ; Bohuslav, Lukáš (referee)
1 Proceedings before a single judge Abstract The topic of this diploma thesis is criminal proceedings before a single judge and its purpose is to provide a comprehensive interpretation of the legal regulation related to this special type of proceedings, outline problematic questions, answer them and to present own considerations related to possible future legal regulation. The author of this thesis has also focused on the institutes related to proceedings before a single judge, namely the criminal order and the lay element in criminal proceedings. The thesis draws mainly from the literature, commented legal regulations, case law of the courts and professional articles. The thesis is based on the methods of description, analysis and comparison. In the first chapter of the thesis, the author describes the historical development of the proceedings before a single judge and the judicial organization. The historical excursion begins in 1848, when some basic principles of criminal procedure were established, which are still applied today, and therefore meant the beginning of modern criminal procedure. The chapter gradually discusses the most important legal regulation of the time, up to the period of the socialist state, when the legislation of proceedings before a single judge into the Czech legal system was...
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