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Taking of evidence in administrative proceedings
Holub, Štěpán ; Kopecký, Martin (advisor) ; Sharp, Vladimír (referee)
Taking of evidence in administrative proceedings Abstract The topic of this thesis is the taking evidence in administrative proceedings, which aims to present compendious knowledge concerning the administrative authority; to eliminate eventual contradictions in established facts; and to decide on the matter. Taking into account the diversity among administrative proceedings, it is essential to discuss the individual types of the incriminate proceedings, eventually their specific phases, and simultaneously to provide connections between individual evidence institutes. Also, possible discrepancies in evidence, or perhaps complete absence of evidence, should not be omitted since the legislator has not established exclusive obligation, even though the evidence poses significant part of the proceedings. The presented thesis is divided into five chapters. The first chapter thoroughly reviews the principles of administrative proceedings, which are tightly connected with the process of taking of evidence. The second chapter discusses the terms in the context of evidence, whereas such terms are not explicitly stated in the law. These terms are defined based on the jurisprudence and specialized literature. The third chapter covers process stamping of individual phases in taking of evidence, which extends to the field...
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Admissibility of evidence in criminal proceedings
Pazourková, Klára ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
Admissibility of evidence in criminal proceedings Abstract The thesis deals with the procedural applicability of evidence in criminal proceedings from the perspective of defects caused by violations of procedural rules of evidence. The aim of the thesis is to summarize the applicable legislation with a focus on procedural acts of law enforcement authorities in criminal proceedings and to analyse the defects that may arise in the process of evidence. Can any substantial error in the acquisition or execution of evidence prevent its use in court proceedings? How do Czech courts view violations of procedural rules on evidence, or defects in the process? The author tries to find answers to these questions by analysing the institutes and principles related to the field of evidence and by analysing the decisions of the Constitutional Court and the Supreme Court. The work is divided into six parts - four chapters, introduction and conclusion. The first chapter is devoted to evidence on the theoretical level. It defines important concepts related to evidence and characterizes the means of evidence listed in the Criminal Procedure Code. Last but not least, it also contains the basic principles governing evidence, also with regard to international regulation. The second chapter deals with theoretical approaches to the...
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Means of evidence in civil proceedings
Benešová, Berta ; Smolík, Petr (advisor) ; Zoulík, František (referee)
Resume A topic of the thesis presented is a problem of evidences used in the civil procedures. This is a very imporant part of a civil procedure, because evidences are - from a practical point of view - the crucial stage of a procedure. Right by means of evidences the Court may obtain factual and material information serving a base for a meritory decision. This work is aimed to an analysis of the present legislative definition of the various types of evidences, the specific features of them, and a way of an implementation and the following assesment of them made by the Court of Justice. This thesis is divided into six chapters. The first chapter contains a brief definition of a term of the evidence. The second chapter is structuted in more details. This chapter is engaged in a term of an evidence and the types of evidences. It also specifies a fact, what is a subject of an evidence and which facts do not present a fact of evidences. A base of the third chapter is an analysis of a list of the types of demonstrative evidences as it results the actual legistration. It is also engaged in the problem of an inquiry evidence and an acceptibility of it. In a conclusion of this chapter a inquiring duty of a party of the procedure is mentioned as a special case of the inquire evidence. The fourth chapter represents a...
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Inadmissibility of Evidence in Criminal Proceedings
Grossová, Andrea ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
Inadmissibility of Evidence in Criminal Proceedings Abstract The main goal of this work is to find out exactly how the conditions of admissibility of evidence in criminal proceedings are determined by law. This issue is explained in detail not only in the so-called Rath Case, where there was a conflict of views on the requirements of the application for spatial interception, specifically in the decisions of the High Court in Prague of October 17, 2016, file no. 6 To 106/2015 and the Supreme Court of June 7, 2017, File no. 6 Tz 3/2017-I.-693. First, the work deals with individual means of evidence and their possible defects, which may result in their inadmissibility at the court. Subsequently, the author explains the differences between the concepts of ineffectiveness, inadmissibility and illegality of evidence, which is defined only by legal science, but which are essential for understanding the issue of admissibility of evidence and possible correction of inconsistencies in the Czech legal system. It also offers insight into the issue of absolute and relative ineffectiveness of evidence and then deals with the American Doctrine of Fruit from the Poisoned Tree and the views of Czech experts in the field of law on this doctrine, or other methods of assessing secondary evidence. A comparative part is added,...
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Means of evidence in civil process
Navrátilík, Šimon ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
- Means of Evidence in Civil Proceedings The topic of this thesis is means of evidence in civil process. The taking of evidence is the most important part of civil proceedings, and therefore this paper presents its comprehensive summary, together with an overview of the means of evidence available in civil proceedings. This work is divided into three main parts with many subchapters. The first part deals with the process of proving in general. It describes its course, main principles and rules that govern it. Likewise, this section focuses on partial issues in the taking of evidence, such as the standard of evidence or proving negative facts. Last but not least, it deals with the burden to claim and prove facts and their distribution among the parties. The second part deals with evidence expressly provided for in the Code of Civil Procedure. In practice, these means of proof are most often found in court proceedings, and therefore their application is dealt with in a number of texts and court decisions. Nevertheless, this section outlines how the individual evidence has evolved over time. The third part deals with non- regulated evidence in the Code of Civil Procedure. Of these, the most widespread is audio and video recordings whose crucial issue is their admissibility in the light of the right to...
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Evidence in administrative proceedings
Tadičová, Katrin ; Kopecký, Martin (advisor) ; Vedral, Josef (referee)
Evidence in administrative proceedings Abstract This diploma thesis deals with the taking of evidence in administrative proceedings, the aim of which is to refute or confirm a decisive fact. Administrative proceedings do not constitute a unified process; they are a diverse range of different types of proceedings rolled into on, in which the taking of evidence may be regulated in different ways. As a rule, general and special administrative proceedings are distinguished. The taking of evidence is considered to be an essential part of the administrative proceedings, but not obligatory one. In some types of proceedings, the taking of evidence is, in principle, excluded, while in others it may play an essential part. The diploma thesis is structured into five parts. The first part of the thesis defines the basic concepts appearing in the process of taking of evidence, as well as the historical development of anchoring the process of taking of evidence in the legal regulations of the Czech Republic since 1928. The next part deals with the principles that apply to the taking of evidence, be it the basic principles of action of administrative bodies or the principles of administrative proceedings themselves. The third part of the thesis deals with general administrative proceedings as regulated by Act No. 500/2004...
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Nemo tenetur se ipsum accusare principle
Čupková, Kateřina ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Nemo tenetur se ipsum accusare principle Abstract The thesis deals with the nemo tenetur se ipsum accusare principle, which represents one of the fundamental procedural rights in criminal proceedings. The European Court of Human Rights considers it an inseparable part of the right to a just trial. Especially considering the problems arising in connection to interpretation and application of he said principle, the thesis tries to _ the most problematic areas of the principle's application and the different opinions as to what it entails. The first chapter contains the history of the principle's application, both on the European continent in civil law and in common law in both the United Kingdom and the United States. The second chapter summarizes the evolution of rulings of the European Court for Human Rights. Attention is paid to the relation between the nemo tenetur principle and the right to a fair trial contained in the Article 6 of the European Convention on Human Rights and also to the relation o other right contained in the same treaty, especially focusing on freedom from torture in order to obtain an evidence of a criminal act. The third chapter summarizes the Czech legislation on the topic, both on Constitutional level - especially focusing on those articles of the Charter of Fundamental Rights and...
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Means of evidence in civil procedure
Bouška, Bohumír ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
Summary: The diploma thesis deals with one of current subject matter in civil law, a problem of evidence used in the civil procedures. This issue is in the centre of civil procedure because we can resolve any case with fair decision only by clarifying the factual situation between litigants. The importance of this issue isn't just for civil procedure, but for every legal action as well. The basics of the legal regulation represent two main civil codes. First of all it is Act. No. 99/1963 Coll., Code of Civil Procedure, as amended, which regulates the most important part of all civil procedures, in Czech legal theory so-called "dispute civil procedure". The second Act. No. 292/2013 Coll, special civil procedure, regulates other civil procedure with different principles, Czech legal theory called them "undisputed civil procedures". The aim of thesis is to analyse all the problems in regulation of evidences (law regulations, jurisprudence and Czech legal theory). The thesis also points out possible future changes in regulations. The thesis is divided into three basic parts. The first part explains the basic legal terms like a burden of proof and evidence. There are explained the most important terms. The second part of the thesis deals with evidences, which are regulated by Code of Civil procedure. It is the...
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Means of evidence in civil proceedings
Krulíková, Kateřina ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
The diploma thesis analyses means of evidence used in civil proceedings. Means of evidence are integral part of proofing process which is considered to be the foundation of civil litigations. The goal of this thesis is to provide comprehensive categorization of means of evidence used in civil litigations and depict some of their specifics, including means of evidence which are not specifically regulated by the law. The thesis is based on specialized literature, legislation, and, from a large part, also on Czech courts case law. Text of the thesis is divided into four chapters, each of them further divided into several sub-chapters. First chapter is general introduction to civil lawsuit and proofing problematics. It defines proofing process itself, subject of proofing, and principles applied in the court at this stage of the lawsuit. Second chapter describes means of evidence in general. It provides reader with means of evidence definition and categorization, and also defines means of evidence which are inadmissible in the civil lawsuit. Third, the most extensive chapter, is dedicated to means of evidence which are specifically regulated by code of civil judicial procedure. It describes each of them in detail, differentiates them, and also describes proofing process in the court trial. First...
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Economic aspects of tax procedure for all taxes
Koňaková, Veronika ; Francírek, František (advisor) ; Vančurová, Alena (referee)
Indirect administrative costs associated with tax assessment and its proceedings are too high and the whole process is inefficient. During the tax procedure both primary documents and proper evidence are handled inefficiently which makes the tax system unnecessarily costly. In order to examine economic properties of the tax procedure in practice I used questionnaires and archive research. In order to store a quality outputs, in the form of properly assessed taxes in the shortest possible time, it is necessary to process the input data in the most efficient way possible. In my thesis, I propose austerity measures which will increase tax efficiency. Only good information system and a complete, clear systematic archiving of all transaction can guarantee productive work with low costs. Only those tax consultants or accountants who have complete documentation have a control mechanisms which allows them to offer high quality services which ultimately makes the whole tax system more efficient.
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