|
|
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...
|
|
|
Immunity of deputies and senators
Popelková, Eva ; Kudrna, Jan (advisor) ; Syllová, Jindřiška (referee)
The presented diploma thesis focuses on the parliamentary immunity of Deputies and Senators in the Czech Republic and consists of two not explicitly titled parts. The first one deals with the genesis of the concept of immunity; the historical course describes the origin of the concept that goes back to the 13th century. Immunity might have been described as protection given by an English monarch towards Representatives; it gradually changed in privileged status recognition of a newly emerging institution, nowadays called Parliament. This excursion back into the 800 year history is supposed to help us understand the basic idea that the immunity of deputies or senators serves as an instrument of protection of a legislative body, or rather the Parliament of the Czech Republic. As for the immunity of deputies (senators) in the Czech Republic, relevant chapters deal with the first attempts to create functional constitutions at the end of the 19th century when Bohemia was part of the Austrian empire. Significant space is dedicated to the 1920 Constitutional Act, which may be considered as a crucial document for today's concept of the immunity of deputies and senators in the Czech Republic. Finally, the first part includes also chapters dealing with later constitutions from 1948 and 1960. The second part...
|
|
|
Institute of Pre-trial Detention in Criminal Proceedings
ZELENKOVÁ, Nikola
This bachelor thesis deals with the restriction of personal liberty of an accused person during the prosecution through the custody institute in the context of fundamental human rights and freedoms guaranteed by the rule of law including the international treaties to which the Czech Republic is bound. The thesis is divided into four chapters. The legal analysis of restriction of personal liberty through restraint or arrest that precedes the custody is followed by so-called material custodial law, specifically the custody institute focusing on the grounds for detention. The next chapter covers formal custodial law dealing with procedural aspects of the detention of an individual within the detention session, the detention order and the limits for accepting legal compensations for the detention by other measures. The last chapter deals with the detention in terms of rights and duties of an accused person in a detention including possible social-psychological aspects.
|
|
|
Criminal proceedings against legal entities
Novotná, Eva ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This diploma thesis discusses the criminal proceedings against legal persons. The main idea of this diploma thesis is to describe single juridical institute of criminal procedure which is specific for proceedings against legal persons. For better understanding is necessary to find and understate all the sources of law. The primary authorities which will be used in the criminal proceedings are above all Act of Criminal Procedure against Legal Persons, Rules of Criminal Procedure and also Constitution of the Czech Republic and Charter of Fundamental Rights and Freedoms. It is also important to looking the sources at international level. Fundamental source is European Convention on Human Rights. The thesis deals with institutes of criminal law specific for legal entities, like imputability, a person committing a crime or enumeration of criminal acts for which can be affected legal entities. The main chapter contains analysis of each section from special part of Act of Criminal Procedure against Legal Persons. Subchapters discuss some of elemental principles in criminal proceedings as local jurisdiction in criminal proceedings and principle of joint trial of a criminal case, then provisional and protective measures, procedure for the cancellation, termination and conversion of the legal entity during...
|
|
|
Immunity of deputies and senators
Popelková, Eva ; Kudrna, Jan (advisor) ; Syllová, Jindřiška (referee)
The presented diploma thesis focuses on the parliamentary immunity of Deputies and Senators in the Czech Republic and consists of two not explicitly titled parts. The first one deals with the genesis of the concept of immunity; the historical course describes the origin of the concept that goes back to the 13th century. Immunity might have been described as protection given by an English monarch towards Representatives; it gradually changed in privileged status recognition of a newly emerging institution, nowadays called Parliament. This excursion back into the 800 year history is supposed to help us understand the basic idea that the immunity of deputies or senators serves as an instrument of protection of a legislative body, or rather the Parliament of the Czech Republic. As for the immunity of deputies (senators) in the Czech Republic, relevant chapters deal with the first attempts to create functional constitutions at the end of the 19th century when Bohemia was part of the Austrian empire. Significant space is dedicated to the 1920 Constitutional Act, which may be considered as a crucial document for today's concept of the immunity of deputies and senators in the Czech Republic. Finally, the first part includes also chapters dealing with later constitutions from 1948 and 1960. The second part...
|
|
|
Criminal Proceedings against Legal persons
Chovanec, Štěpán ; Herczeg, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
Chovanec, Š. Criminal proceedings against legal entities Criminal proceedings against legal entities represent a significant innovation for Czech criminal procedure law. Adoption of Act nř 418/2011, about Criminal liability of legal entities and criminal proceedings against them, is considered as acceptance of the world's phenomenon of enactment of the institute of Criminal liability of legal entities. The lawmaker had chosen a special regulation for criminal proceedings against legal entities which however does not describe the issues solely. So the Penal Code is considered subsidiary applicable regardless it does regulate criminal proceedings against a natural person. The author of this text deals with risks and potential problems connected to this construct. The author of this text describes selected aspects of criminal proceedings against legal entities from its beginning to the enforcement proceeding.
|
|
|
Issues of criminal liability of legal entities
Hudáková, Jana ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
Hudáková, J. Criminal liability of legal persons Criminal liability of legal persons is a significant change to the continental European law. It is a sensible breakthrough into the core principle of an individual criminal responsibility of individuals. In connection with the adoption of Act No. 418/2011 Coll., on the criminal liability of legal persons and proceedings against them, the thesis deals with main aspects of the criminal liability of legal persons in the Czech Republic. After defining of legal grounds of the criminal responsibility author subsequently discusses sanctioning of legal persons. At the same time, the author discusses legal regulation of moral person criminal liability in France. She outlines the principles of criminal liability of legal persons, as well as the conditions for imposing sanctions. The author tries to demonstrate, by means of the attached statistical surveys, the numerous application of this institute in the French legal practice. Finally, the author tries to compare Czech and French legislation in selected aspects.
|
guest ::
