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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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Cassation and appeal in the criminal procedure code
Podlucký, Jakub ; Šámal, Pavel (advisor) ; Říha, Jiří (referee)
Cassation and appeal in the criminal procedure code Abstract The principle of cassation and appeal are the two basic principles that govern corrective criminal proceedings. This thesis maps the rate of their occurrence in the current legal regulation of Czech criminal proceedings and proposals for regulation in the new criminal code, the adoption of which has been discussed very frequently in recent years. Today, we can no longer find the principle of cassation or appeal in its pure form in any remedy, but there is always a combination of both principles with the predominance of one of them. The thesis thus tries to find a suitable combination of these principles for individual remedies. The first part of this thesis deal with the position of the cassation and appeal principle in the system of principles that govern the Czech criminal procedure and defines the definition of the appeal and cassation principle in their pure form. The second part describes a historical excursion of the position of the appeal and cassation principle in the criminal codes valid on the territory of the current Czech Republic from 1873 to 2001. The third part of this thesis deals with the current legal regulation, in particular the definition of the current concept of individual principles, their advantages and disadvantages, and...
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Mass advertising
Russkina, Tamara ; Gebhartová, Markéta (advisor) ; Adamovičová, Ana (referee)
The theme of this work is media advertising. Its focus is an analysis and comparison of Czech beer advertisements and Russian beer advertisements. The main objective is to learn whether the Czech and Russian beer advertisement are quite different from each other, or if they use the same linguistic, psychological and visual instruments. The thesis is primarily focused on linguistic research of advertisement, but we consider it necessary to analyze it from different perspectives too, therefore a brief analysis of the psychological aspects of advertising and marketing is also included.
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Appeal in civil procedure
Vaníčková, Zuzana ; Frintová, Dita (advisor) ; Zoulík, František (referee)
The aim of this thesis is to describe and analyse the legal institution of appeal in Czech civil procedure. The goal of this thesis is to provide both - (i.) an overview of the issue of appeal in civil procedure and (ii.) an outline of its practical problems and their solutions. Czech legal order distinguishes ordinary and extraordinary legal remedies. The only ordinary legal remedy according to positive law is the appeal. It represents the most frequently used form of a review of judicial decisions. The legal regulation of the appellate procedure in civil cases is enshrined in Act No. 99/1963 Coll. on the Civil Procedure, as amended. The thesis is divided into thirteen chapters, each of them dealing with different aspects of the legal institution of appeal. The first one focuses on its historical development. The next chapter deals with the importance of this procedural institution within the framework of legal remedies. Thereafter the thesis provides a general (theoretical) explanation of an appeal. It is the only ordinary remedy in Czech civil procedure. The concept of an appeal in our national legal system is based on the appellate principle. In the current Czech civil procedure the complete and incomplete appellate systems are both determined and applied. The remaining chapters are devoted to...
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Main Principles and Elements of Roman Procedural Law
Škeříková, Jana ; Skřejpek, Michal (advisor) ; Blaho, Peter (referee) ; Židlická, Michaela (referee)
My doctoral thesis is focused on the main principles and elements of Roman procedural law. However, during my research I realised the terms are very similar. One of the main points of my thesis is dedicated to the constitutional system of Roman republic and its norms, including the very important law codex, the Twelve Tables Law. Moreover, I take the Justinian Codification of Roman law into focus. A very important source is also antique literature, texts of prominent lawyers and various types of administrative acts. A vast inspiration can be found in many European museums. The main principles and elements are applicable to actions, defendants and plaintiffs, to judicial hearing and to the days when judicial hearings could be held. I focus on principle of equity, good faith, and necessity of defense, res judicata, principle of appellation, pecuniary condemnation, and principle of assessment of evidence. The last chapter reviews other principles. It is also important to mention that different types of procedural cases are specific in their own way. I focused on describing the differences as well. My thesis analyzes seven most important principles. The first and the most important one is equity. My research shows that this principle is common to all areas of roman procedural law. I tried to explain...
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The system of remedial measures
Musilová, Markéta ; Frintová, Dita (advisor) ; Vyskočilová, Silvia (referee)
Theme of thesis The system of remedial measures Abstract This master's thesis deals with the issue of correction systems and remedial measures based on them in the Czech legislation. The aim of this work was to describe individual aspects of the appeal, cassation and revision correction system on the current regulation. This thesis includes the characteristics of correction systems from a theoretical point of view and the application of the principles of correction systems in the Czech legal regulation of remedial measures. The master's thesis consists of seven chapters. The first chapter is a general introduction to the correction procedure. It explains the concept of a correction system and describes the general features according to which the individual systems are divided. The second chapter characterizes the individual correction systems. The chapter is divided into three parts. First, the appeal system is characterized, which is divided into the complete and incomplete appeal system, then the cassation system and finally the revision system. The third chapter is devoted to remedial measures in our legislation. Remedial measures are characterized and proceedings of individual remedial measures within the current legislation are further discussed. This chapter has two parts. The first one is about a...
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Appeal
Pomije, Michal ; Smolík, Petr (advisor) ; Sedláček, Miroslav (referee)
1 Abstract Diploma thesis - Appeal This diploma thesis deals with the legal regulation of one of the extraordinary remedies of the Czech civil process - appeal. The first goal of my diploma thesis was to introduce systematic rules and extraordinary means in general and to add permits to their system, while in the first chapter I further analyzed the corrective systems according to which the scope of control activities of the court is determined. The legal regulation of permits has undergone the existence of dynamic changes during its existence, another, and primary, the aim of this work was described by the current legislation allowing and further outline the development of permitting legislation, which was returned as an extraordinary remedy in 1991. One of the other goals I chose is the description of the new concept of the legal regulation of permission, the regular remedy, which is regulated in the draft of the new Civil Code of the Ministry of Justice - the substantive intent of the Civil Procedure Code. According to the authors of the substantive intent of the introduced larger economic court proceedings, the change of permission to an ordinary appeal. According to the authors of the substantive intent, an important element would be a higher degree of legal certainty for the participants in the...
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Appeal in civil procedure
Bednárová, Veronika ; Smolík, Petr (advisor) ; Sedláček, Miroslav (referee)
1 Appeal in civil procedure Abstract The presented rigorous thesis deals with the issue of appeal in civil procedure with an emphasis on a contested litigation. Appeal constitutes the only ordinary legal remedy that can be applied in civil procedure according to the effective legal regulation. From the point of view of systematics, my thesis is divided into eleven sections, which are, because of clarity and logical division of individual parts of the discussed issues, further divided into sections and then into articles. The two introductory sections are devoted to more general reflections on the chosen topic. The first section contains an introduction to the issue of the legal review of judicial decisions, specifically focusing on a general interpretation of issues of remedial procedure, remedial systems, and finally the division of remedies into the regular and extraordinary ones. The second section focuses on the historical development of the legal regulation of appeal in the Czech countries, both before 1918, and afterwards. The second part of my rigorous thesis, consisting of the remaining nine sections, is already working with the problem of appeal from the point of view of the currently effective legal regulation. They include the general characteristics of the institute of appeal in civil procedure,...
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Remedies in civil procedure under Czech and Slovak legal order - comparative view
Majchrák, Tadeáš ; Macková, Alena (advisor) ; Frintová, Dita (referee)
Remedies in civil procedure under Czech and Slovak legal order - comparative view Abstract The aim of the rigorous thesis is to analyze and then compare the individual remedies of the finding procedure as the basic type of civil (judicial) process in the legal regulations of two separate states, the Czech Republic and the Slovak Republic, with particular emphasis on the differences of both orders and their same or similar features stemming from a shared legal, historical, cultural and social past, as well as from mutual inspiration and shared value attitudes. In the first part, dealing with general theoretical background and concepts, emphasis is placed on describing the civil process in both countries, especially in terms of its division into founding and executing procedures. The stage of the finding procedure is the remedy whereby the appeals court examines the correctness of the contested decision. Finding procedures can be differentiated into dispute and non-dispute proceedings. In regards to the parties involved in civil proceedings, they are the participants in civil law relations or the parties to the proceedings, in particular litigation and court. Apart from them, other persons, such as a prosecutor (public prosecutor), a lawyer, a notary or in the Czech Republic, the Office for Government...
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Legal Remedies in Administrative Law
SMILOVÁ, Nikola
The aim of this thesis is to expose all kinds of administrative offences, to describe them in detail and thereafter to explain, which methods we can choose in terms of defend against pubic authorities. Especially there is a description of ordinary legal remedies, namely the appeal, remonstrance and statement of opposition. These legal remedies are compared to each other and after that the differences between them are described. The final aim is to find out, by means of research methods, whether the number of legal remedies has increased or decreased and whether success rate of these legal remedies has risen or fallen down.
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