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Criminal custody as an ultima ratio instrument
Urban, Matěj ; Šelleng, Dalibor (advisor) ; Pelc, Vladimír (referee)
Custody as an ultima ratio instrument Abstract This thesis concerns itself with the problematics of custody being an ultima ratio instrument. The aforementioned topic is based on the fact of custody being the harshest means of apprehension, which breaches the fundamental rights and freedoms of an individual in a substantial way. Firstly, this thesis describes the general characteristics of custody and the historical evolution of its legal basis in the Czech region. Then, it analyses the applicable law of custody in the Czech Republic. This body of law is split up into two larger sections, one of them being the material law of custody and the other being the formal law of custody. In regard to material law of custody, the following are mentioned in this order; general conditions for the detention of the accused, the legal reasons of custody, legal alternatives to custody and special cases of custody. In regard to the formal side of the law of custody, the following are mentioned in this order; the description and analysis of length of custody and its admissibility, the ruling in the question of custody, the court session, the objection to the court decision and the execution of custody. This part of the thesis is adjoined by a shorter chapter, which concerns itself by the inclusion of the length of custody...
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Securing instruments and investigative means in relation to attorney's duty of confidentiality
Turnhöfer, Michal ; Říha, Jiří (advisor) ; Bohuslav, Lukáš (referee)
The present thesis addresses the issue of obtaining and gathering information in criminal proceedings which is subject to attorney-client privilege, and its subsequent use in criminal proceedings. The issue is rather complex, as de lege lata there is no comprehensive legal regulation addressing it in a satisfactory manner. The objective of the thesis is to find legally correct and fair solutions in respect of the protection of the attorney-client privilege, on the one hand, and the societal need to obtain and gather evidence effectively for the purposes of criminal proceedings, on the other hand. The thesis provides a general description of the attorney-client privilege and legal assistance, on which the attorney-client privilege is based, and it also contains specific application problems encountered in connection with the use of means of obtaining evidence and gathering criminal intelligence pursuant to the Criminal Procedure Code. Such application problems are dealt with using methods of analysis, synthesis, analogy, comparison, with the results being generalized. Last but not least, the thesis provides an outline and comparison of the relation between the attorney-client privilege and other professional privileges, focussing on the options of obtaining different types of information. The author...
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The criminal procedure law recodification from 1948 to 1950
Bláhová, Ivana ; Kuklík, Jan (advisor) ; Gřivna, Tomáš (referee) ; Vojáček, Ladislav (referee)
The aim of this dissertation work is to analyze the progress of recodification works during the so-called two-year legal plan, this being illustrated on preparations of the Criminal Procedure Code. The conclusions can be applied to contemporary efforts of recodification of the Criminal Procedure Code - especially from the organisational and material point of view. The first part of the paper deals with the state of criminal procedure law in Czechoslovakia before the commencement of the two-year legal plan and with the recodification attempts between 1918 and 1947. The next chapter describes the two-year legal plan, its announcement, development, organisation of work and results. It is followed by a chapter devoted to the preparation of the Criminal Procedure Code itself. This part analysis the activities of the Ministry of Justice in this respect, the codification department of the Ministry of Justice, its codification committee and subcommittees. In 1949 the subcommittees drafted a fundamental bill that served as a basis for the preparation of the outline of the Criminal Procedure Code elaborated at the beginning of 1950. This dissertation also provides a detailed analysis of the legislative process and an overview of influences of the organs of the communist party on the final version of the...
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Settlement in criminal proceedings
Hegerová, Klára ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The topic of this diploma thesis is the settlement in criminal proceedings, one of diversions, or also alternatives to typical course and outcome of criminal proceedings. The settlement was incorporated into the Czech Criminal Procedure Code by the amendment n. 152/1995 Sb. with the effect on 1st September 1995. The settlement is an institute of criminal procedure law originating in restorative justice principles and its goal is to restore affected relationship between the defendant and the victim. Then proceedings of the settlement should not serve only to compensate the victim, as is sometimes perceived by the public, but also to clarify causes of the conflict during the active participation of both parties and to assume personal responsibility for the crime committed which may have significant effects in terms of criminal prevention. Despite the fact that the settlement is a form of diversion beneficial to the defendant (it leads to cessation of prosecution), victim (it is faster to obtain the compensation) and society (prevention from committing other crimes, relieving courts in favour of complex and serious crimes), it is rarely used in practice. In the first chapter I generally deal with the concept of diversions in criminal proceedings, their fundamental characteristics and common features...
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