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Criminal Warrant
Hrušková, Kateřina ; Říha, Jiří (advisor) ; Šámal, Pavel (referee)
70 Abstract This presented thesis deals with the subject of criminal warrant. Its goal is to analyse the current legal regulation of these provisions covered in Act No. 141/1961 Sb., Criminal Procedure Code, and to propose possible solutions for the individual contested parts, which would contribute to better and more effective application of this regulation in the future. The thesis contains five main chapters, which are further divided into individual subchapters. The first chapter describes the history of the criminal warrant on our territory from its first introduction into our legal system in 1929 to the present. The second chapter presents the criminal warrant in its current form in a broader context of the criminal procedure. It focuses on its relation with certain theoretical terms, which are typically connected to it, such as judicial decision, special type of proceedings, and diversion. The third chapter is dedicated to relations between the criminal warrant and the basic principles of criminal procedure, with the emphasis on those which are resicted or otherwise modified when criminal warrant is applied. Also mentioned is the case law of the European Court of Human Rights and its position on the criminal warrant in light of the right to a fair trial. The fourth chapter is then focused on the...
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Criminal Warrant
Kubíčková, Michaela ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
Criminal warrant represents a decision in criminal matters which is also special manner of criminal procedure. A single judge is empowered to issue a criminal warrant without trying the matter in the main trial if the facts are reliably proved by evidences. It is regulated by the section 314e and following of the Criminal Procedure Code. It diverse from regular criminal proceeding, because it is in fact a way of simplified and written procedure. These characteristics are also the reasons why criminal warrant is criticized by professionals. Such a diversion from regular criminal proceeding is being called as a violation of right to a fair trial by many authors. Considering such institute from the point of view of basic principles of criminal proceeding, including right to fair trial, emerge in each of six chapters of this thesis, while it forms a crucial and final part of this thesis. At the beginning is a criminal warrant introduced as a decision in a criminal matters, a special manner in criminal proceeding and diversion of criminal procedure. In order to understand applicable legal regulation of criminal warrant which is described in chapter three, the second chapter is designated to historical review. In the fourth chapter of this thesis I deal with rights of appeal, including a statement of...
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Criminal order
Berková, Ivona ; Říha, Jiří (advisor) ; Vokoun, Rudolf (referee)
The criminal warrant represents a specific form of decision in criminal matters and a type of simplified procedure as well. A single judge can issue a criminal warrant without trying the matter in the main trial if the facts are substantiated by reliable evidence. The criminal warrant has the nature of a convicting judgment. This type of simplified procedure is enacted under provisions § 314e to § 314g of the Code of Criminal Procedure. The criminal warrant is used in practice very often for its fastness and economy. In 2012, single judges by means of a criminal warrant, decided on 54,64 % of criminal cases (accused) before the District Courts within the whole area of the Czech Republic. The purpose of the thesis is to analyse the criminal warrant in all its aspects. The thesis is composed of nine chapters. Chapter One describes the history of the criminal warrant from 1918. Chapter Two focuses on relations between the criminal warrant and the basic principles of criminal procedure. Chapter Three describes the criminal warrant as a specific form of decision in criminal matters, procedure and conditions for issuing a criminal warrant, the penalties that can be imposed by means of a criminal warrant and the position of a victim. Chapter Four concentrates on the criminal warrant as a special method of...
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