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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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Defence in the criminal trial by the defence counsel Abstract
Hejda, Vít ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Defence in the criminal trial by the defence counsel Abstract The topic of the submitted thesis is the defence by the defence counsel, with a special emphasis on the defence during the trial. The criminal trial, as its title suggests, plays a pivotal role in the criminal proceedings and the defence counsel has a crucial influence on its course. It is at the criminal trial, that the greatest degree of evidence is taken, and where the defence has the widest range of rights and opportunities to influence the course of the criminal trial. In the exercise of these rights of the defence, the defence counsel plays an absolutely indispensable role and consequently has a significant influence on the decision on guilt and punishment. The aim of this thesis is to analyse the legal provisions concerning both the right to defence and the defence in the criminal trial and to provide a comprehensive overview of all the rights the defence possesses and the most appropriate and efficient ways for defence counsel to exercise them during the trial. The present thesis thus aims to evaluate the current legal framework and, on this basis, to make proposals for possible future amendments. This thesis also continuously reflects on the changes that the criminal law has undergone through the amendments, in the context of both case...
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Appeals in criminal proceedings
Staněk, David ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
APPELS IN CRIMINAL PROCEEDINGS ABSTRACT The goal of this Diploma thesis is to analyse the legal regulation of appeals in criminal proceedings and the issue of this regular remedial measure in general. Author's goal is to present readers with the historical genesis of the institution of appeal since early feudalism until the adoption of current Criminal Procedure Code, considering the most important amendments of this law, and to put the intrastate legal regulation into the context of international law and embedment of the right of appeal in criminal proceedings in international treatises. The author also aims to explain appeal as regular remedial measure together with other remedial measures in Criminal Procedure Code and to introduce basic and specific principles, that impact the legal regulation. In the main chapter the recent regulation of appeals in Criminal Procedure Code is critically analysed. The author further deals with the admissibility and effects of the appeal, by all parties that are legitimate to appeal, the time limit, place and means of filling it, while listing practical examples of abnegation of the right to appeal to a higher court and withdrawal of the appeal, content requirements and possible problems in practice, the operation of the court of first instance after appealing, and also...
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Criminal Trial
Hradečný, Aleš ; Šámal, Pavel (advisor) ; Říha, Jiří (referee)
CRIMINAL TRIAL ABSTRACT This diploma thesis deals with the criminal trial, which is the most important stage of criminal procedure, because it fulfills the purpose of criminal procedure, which is the proper detection of crimes and fair punishment of their perpetrators. The thesis focuses on the individual phases of the criminal trial, as well as the basic principles that determine the form of the Czech criminal trial, and in the trial, they mostly find their best use. At the same time, attention is paid to current issues related to the criminal trial, as well as to new institutes that change its traditional form to some extent, such as the plea bargain, the declaration of guilt or the institute of indisputable facts. In connection with the planned recodification of the Code of Criminal Procedure, the current regulation contained in the drafts of the new Code of Criminal Procedure is also being evaluated. The work is divided into four chapters, the first of which deals with the application of the basic principles of criminal procedure during the criminal trial. All the basic principles that determine the form of the criminal trial are briefly discussed, as well as the relations between them and possible conflicts. After that, the first chapter deals with the new institutes in the Code of Criminal Procedure...
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Criminal Trial
Kantorová, Lucie ; Šámal, Pavel (advisor) ; Říha, Jiří (referee)
I have chosen the topic "Criminal Trial", because I am interested in criminal law and during my studies I completed an internship at court, which gave me the opportunity to experience criminal trial in practice. The aim of my thesis is to provide a comprehensive view of criminal trial as the most important part of criminal proceedings with its actual issues. The thesis begins with an introduction and ends on a conclusion. Between that, the thesis is divided into three main chapters. The first chapter is called the general characteristics of criminal trial and deals with the Czech legislation governing criminal trial, purpose and meaning of criminal trial and describes the basic principles of criminal proceedings, especially those most used in criminal trial. The second chapter focuses on the preparation of criminal trial, which is very important. Only a precise preparation can lead to a fluent criminal trial without any adjournment, as law requests. This chapter also discusses presence of the public and media at the court. The chapter tries to answer the question whether it is appropriate if the presiding judge permits making video and audio broadcast from the hearing. The third chapter analyses the course of the criminal trial, especially its beginning, rights and obligations of parties in the...
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Custody in criminal trial
Nosková, Jana ; Jelínek, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
Docotral thesis deals with the issue of custody as a hedge of criminal law, which is the most serious interference with the personal liberty of the accused. The thesis in addition to the initial and final part is divided into nine chapters. The introductory chapter is devoting to embedding custody .The following chapter is focused on material issues of custodial rights. The main part is devoted to procedural custody issues, its own decision to remand the accused in custody, custodial session, review the merits of the custody decision to extend it and replacing the bond measure. In the following chapters is analyzed the custody in juvenile proceedings, the defense of the accused in custody, custody and liability for damage done by a detention. Briefly identifies the Slovak legislation custody. The last chapter is devoted to the detected data relating to remand cases for 2012 in the scope of the District Public Prosecutor's Office in Jihlava and their comparison with data from other government offices. The aim of my thesis was to provide a comprehensive characterization of the current legislation ties especially in the context of extensive amendment of the Institute No. 459/2011 Coll. and the attached amendment to Act No. 45/2013 Coll., to focused on some problematic provisions and propose approaches...
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Expert witness - psychologist in criminal trial
Kolková, Alžběta ; Čírtková, Ludmila (advisor) ; Konrád, Zdeněk (referee)
anglicky The aim of this diploma is to describe the role of an expert psychologist witness in criminal trial and to define purpose of forensic psychological assessments. It also tries to answer current questions related to the field of psychological expert opinions. The psychological forensic expert witness is appointed in the same way as other legal expert witnesses. That means he has the same rights and obligations as them. The first chapter is therefore devoted to connoisseurship in general. It deals with the historical development of expert witnesses, current applicable legislation and upcoming legislative changes in this area. The second chapter approaches other expert witnesses in court too. It includes number of forensic experts in various fields and compares expert psychologists to psychiatrists, who often provide their opinions alongside psychologists'. The main part of the chapter is left to expert opinions. It clarifies terms such as personality, intellect, memory, motivation and dangerousness of the offender, that are the most commonly evaluated aspects. Conclusion of second chapter summarises the expert opinions in selected EU countries and the USA. The final chapter is devoted to the expert report as evidence in criminal proceedings. In addition to the description of expert witnesses...
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The Position of the Public Prosecutor in Criminal Proceedings before the Court
Schneider, Jakub ; Tejnská, Katarína (referee)
The position of the public prosecutor in criminal proceedings before the court Abstract The presented rigorous work provides a comprehensive overview analyzing the position of the public prosecutor in criminal proceedings before the court. Significant attention is paid to selected partial aspects, the significance of which fundamentally determines the position of the public prosecutor in court. The processed overview is then supplemented in appropriate places by considerations de lege ferenda. The logical work is divided into five chapters, which form five parts. The first part is devoted to the historical development of public prosecution, the understanding of which is necessary due to the historical interconnectedness, which had a direct impact on the current form of the public prosecution body in the form of the public prosecutor's office system. The second part of the thesis provides an insight into the position of the public prosecutor's office in the Czech legal system, which is characterized by considerable legal fragmentation. Within this chapter, the shortcomings of the constitutional anchoring of the Public Prosecutor's Office under the executive branch were also pointed out, which has a direct negative impact on the independence of the Public Prosecutor's Office, the regulation of which is also...
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Expert witness - psychologist in criminal trial
Kolková, Alžběta ; Čírtková, Ludmila (advisor) ; Konrád, Zdeněk (referee)
anglicky The aim of this diploma is to describe the role of an expert psychologist witness in criminal trial and to define purpose of forensic psychological assessments. It also tries to answer current questions related to the field of psychological expert opinions. The psychological forensic expert witness is appointed in the same way as other legal expert witnesses. That means he has the same rights and obligations as them. The first chapter is therefore devoted to connoisseurship in general. It deals with the historical development of expert witnesses, current applicable legislation and upcoming legislative changes in this area. The second chapter approaches other expert witnesses in court too. It includes number of forensic experts in various fields and compares expert psychologists to psychiatrists, who often provide their opinions alongside psychologists'. The main part of the chapter is left to expert opinions. It clarifies terms such as personality, intellect, memory, motivation and dangerousness of the offender, that are the most commonly evaluated aspects. Conclusion of second chapter summarises the expert opinions in selected EU countries and the USA. The final chapter is devoted to the expert report as evidence in criminal proceedings. In addition to the description of expert witnesses...
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Criminal Trial
Myslivcová, Jana ; Říha, Jiří (advisor) ; Herczeg, Jiří (referee)
This Thesis is focused on the criminal trial, which is the most important part of the criminal proceeding. The purpose of the criminal proceeding, which is to investigate the perpetrator of the crime and his just punishment, is fulfilled during the criminal trial. The object of this Thesis is to present the process of the criminal trial and to particularly elaborate about the legal regulation of those juridical institutes, which may appear problematic or not fully clear. The aim is also to present the critical view on some juridical institutes contained in the legislation or to those which cause difficulties in practice together with the outline of their future regulation or de lege ferenda view or how the foreign regulation deals with them. This Thesis consists of five chapters which are subdivided into subchapters where it is necessary. The first chapter follows the purpose, object and legislation of the criminal trial together with introduction to the forthcoming recodification of the criminal procedure law, which should follow the recent recodification of the criminal substantive law. The second chapter deals with the basic principles of the criminal proceeding which apply to the criminal trial. The aim of the third chapter is to outline the process before the criminal trial itself, while...
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