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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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Defence by the defence counsel in the trial
Hornová, Tereza ; Vokoun, Rudolf (advisor) ; Tlapák Navrátilová, Jana (referee)
1 Defence by the defence counsel in the trial Abstract The aim of this thesis is not only to analyse the legal regulation concerning the defence counsel and the defence in the main trial, and to provide the reader with a de lege lata view on this issue, but also to provide de lege ferenda considerations for some legal institutes. The thesis also provides the reader with a comparison of the current legal regulation and the current version of the draft of the new Criminal Procedure Code (as of 14 October 2022) on selected criminal procedure issues. The content of the thesis is divided into an introduction, four parts and a conclusion. The introduction briefly justifies the choice of this topic and sets out the objectives to be achieved in the thesis. The importance of the right to a defence and the importance of the person of the defence counsel is emphasised. The first part of the thesis defines the right of defence, emphasises the fundamental human rights and freedoms in criminal proceedings and the basic principles of criminal procedure, among which the principle of ensuring the right of defence is emphasised. The second part of the thesis is devoted to the person of the defence counsel. First, it defines the institution of the defence counsel in general terms, then it deals with specific forms of...
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Participation of a defence counsel in preliminary proceedings
Žůrek, Petr ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
The diploma thesis is focused on the role of defence counsel in preliminary proceedings and its relationship to fulfilment of the accused's right to defence, which is one of the fundamental pillars of observing the right to a fair trial in criminal proceedings. The legal position of a defence counsel has an irreplaceable role in criminal proceedings, as his activity does not consist only in ensuring equality of arms, but also in checking and controlling the activities of law enforcement authorities. In the performance of the defence, the counsel is endowed with duties and rights, which he exercises with the consent of the accused. Special attention was paid to the relationship between the defence counsel and the client, the obligation of confidentiality, the right to participate in investigative actions with an emphasis on questioning the accused, the right of access to the case file due to its insufficient legislation, and finally, also with regard to the SKYPE defence project, the right to communicate with the defence counsel without the presence of a third person.
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The defence by the defence counsel during the trial
Svoboda, Michal ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The defence by the defence counsel during the trial Abstract The aim of the thesis is not only to analyze both the position of the defence counsel and the accused in criminal proceedings, including their rights and obligations arising from this position, but in particular to define the limits in which both the accused and the defence counsel can exercise the right of defence. The content of the thesis is divided into an introduction, six chapters and a conclusion. The introduction summarizes the aims to be achieved in the thesis. It emphasizes the importance of the right to a fair trial, which includes the right of defence and which is an integral part of the rule of law concept. The first part deals with a brief historical excursion into the history of the position of the defence counsel and the accused in criminal proceedings, with particular emphasis on the legislation applicable in the territory of the present Czech Republic. In the second chapter, the rights and obligations of the accused are analyzed, especially but not only in the trial. Emphasis is placed on defining the limits of the accused's right of defence and the reasons why such restrictions exist in the legal system. The third and fourth chapters are then devoted to the defence counsel, his rights and obligations arising from his position in...
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The position of defence counsel in Pre-trial Proceedings
Sýkorová, Nikola ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The right of deffencee is one of the most important fundamental rights of a person against whom the criminal proceedings is brought. The role of defence counsel in preliminary procedure is essential. He has to be an advocate only and a member of Bar Association, consequently a person with a juristic education and qualified to this job. Defence counsel must defend a laws of accused by all the tolerable ways and work on his behalf. In my work I direct my attention towards the legal status of counsel under current Czech legal regulation, issues of the compulsory defence, legal position of chosen and court-appointed counsel, designation of the counsel by the Bar Association, rights and duties of counsel. Also I direct my attention towards preliminary procedure and on various aspects of defender's participation in preliminary procedure and his tasks in it.
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Defender's participation in preliminary procedure
Blaškovanová, Veronika ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
This rigorous theme focuses on the position of defence counsel in the preliminary proceeding because the participation of the defence counsel on the criminal procedure is a contemporary topic, both from the theoretical and practical point of view. The theme of this thesis describes the development and strenghtening of the position of the defence counsel from the historical perspective as well as based on the evolution of jurisprudence. The core of the presentation theme is to define the position of the defence counsel as well as his / her rights and obligations in the preliminary proceeding. The defence counsel has guaranteed "defending" rights for all phases of the criminal proceeding due to the fact that the accused person has the right to be defended. This theme brings added value (especially from the perspective of its potencial use) to everyone due to the fact that the role of the defence counsel and his presence already in the pre-judical phase of the criminal proceeding is of vital importance not only for the proper enforcement of the right to be defended granted to the accused but also for the other phases of the criminal proceeding. Preliminary proceeding serves to verify the initial information concerning the commiting of crime and the reliability of such information, to detect a person...
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The right of defense in the Czech criminal proceedings
Klofáčová, Anna ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The right of defense in the Czech criminal proceedings The right for a defence is a right of the defendant guaranteed by the Constitution and by its means represents one of the conditions for a fair-minded trial. The fair-minded decision can be achieved when the defendant is guaranteed a proper application of the right of defence over the whole trial. The goal of my diploma thesis is to expound the constituent rights of the defendant which together create the right of defence. In the whole diploma thesis I am trying to present the current legal alterations, pointing out their imperfections, which appear at the carrying out of defence in the practice and describe the mutual relationship of the defendant and the defence counsel. In the first part of the thesis I am focusing on the general definition of the right of defence the way it is regulated on the legal and constitutional level in the Czech Republic and I also state how it is enshrined in the international agreements within whose meanings the Czech Republic is bounded according to the 10th article of the Constitution. In the second chapter I am describing the position of the defence counsel and the defendant in the criminal proceedings and persons, which can in the criminal proceeding act (appear) on the side of the defence. The third chapter...
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Defence lawyer in pre-trial procedure
Gilarová, Monika ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
Defence counsel in criminal proceedings Criminal law was always my favourite subject at Law faculty and that is the reason, why i choose this topic at first. Because in this moment, I am still just student, and I don't have any personal experience with criminal proceedings, I have to search information largely from specialized publications and sentences od Czech courts. In the begining, i mentioned right of defence and international agreements, where is this right based and described how important is this right for criminal proceedings and for the defendant espacially. I wanted to show consequences of this right and Czech penal code as well. In my opinion, it was necessary to start with right of defence, because position of defence counsel in criminal proceedings in many thing depends on person of defendant. In next parts, I was paying attention to person of defence counsel, and especially conditions, which are necessary to his profession. Most important condition in general is that defence counsel has to have passed advocate exams and he has to be registered in list of advocates in Czech republic. Then I was describing his rights and duties to defendant, I meantioned for example his duty of descreetness, his duty to pay attention and behavior by wishis of his client and many others. I was try to divide the...
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