|
|
Substantiation of Electronic Evidence
Hloušková, Veronika ; Gřivna, Tomáš (advisor) ; Richter, Martin (referee)
Substantiation of Electronic Evidence Abstract The subject of this master thesis is the analysis of the procedural instruments that are entrusted to the law enforcement authorities on the basis of Act No. 141/1961 Coll., on Criminal Procedure (Criminal Procedure Code) and which are used in current practice in connection with substation of electronic evidence. The main aim of this master thesis is to evaluate whether the current legislation is sufficient to effectively secure electronic evidence and at the same time protects constitutionally guaranteed fundamental rights of persons without unreasonable interference with these rights. Appropriately set procedural regulation is desirable with regard to the development of information and communication technologies, and therefore this issue is very relevant. The first chapter deals with evidence in criminal proceedings in general, using a mainly descriptive method, which is essential for understanding the whole master thesis. At the same time, it does not neglect to refer to electronic evidence, especially through examples. The second chapter is the key part of the whole master thesis, analysing the legal regulation of electronic evidence from several perspectives. First, it divides them into categories for clarity, and then discusses the procedural methods by...
|
|
|
The consequences of breaching the rules on evidence for the effectiveness of the evidence
Šverma, Patrik ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
1 The consequences of breaching the rules on evidence for the effectiveness of the evidence Abstract This diploma thesis deals with the issue of ineffectiveness of evidence in connection with the violation of rules on evidence. One of the two main goals of this work was to acquaint the reader with the issue, especially with the help of analysis of current legislation, the views of leading experts in criminal science and also a rich case law of the courts. The second main goal was to propose a de lege ferenda solution that could contribute to solving the most pressing problems of the current legislation. The diploma thesis is divided into six parts, including the introduction and conclusion. The first chapter provides the reader with a theoretical basis for easier understanding of this issue. It explains the basic terminology occurring in the field of evidence and the basic sources of law that will accompany the reader throughout the thesis are introduced. There is also a detailed explanation of the basic principles of criminal proceedings concerning the evidence as whole. In addition, at the end of this chapter, the stages of criminal proceedings are mentioned with a brief description of their specifics with a regard to the evidence in these specific sections. The second chapter is devoted to the concepts...
|
|
|
The Consequences of Breaching the Rules of Evidence for the Effectiveness of the Evidence
Zelenka, Jan ; Bohuslav, Lukáš (referee)
1 The Consequences of Breaching the Rules of Evidence for the Effectiveness of the Evidence Abstract This diploma thesis deals with the phenomenon of ineffective evidence in criminal procedures as a result of a breach the rules of evidence. The aim of the thesis is to submit current regulations about evidence in the Czech legal system, evaluate it and shine a light on certain problems. Can a criminal procedure be just if the essential principles are trampled on and the government breaks the law? Are there any barriers preventing geovernment arbitrariness? This thesis tries to answer these questions by introducing legal institutes based on area of evidence in criminal procedure. Thesis consists of six parts - four chapters, introduction and conclusion. The first chapter deals generally with evidence and its specifics in criminal law. It defines crucial terminology to understand this topic thoroughly and shines a light on principles of evidence. The second chapter revolves around admissibility and especially efficiency of evidence as a result of a breach in the rules of evidence by law enforcement. That breach of evidence has to fulfill a certain level of severity which has an important part in evidence ineffectivity. In the very last part of this chapter the author suggests legislative changes according to a...
|
|
|
The Consequences of Breaching the Rules of Evidence for the Effectiveness of the Evidence
Zelenka, Jan ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
1 The Consequences of Breaching the Rules of Evidence for the Effectiveness of the Evidence Abstract This diploma thesis deals with the phenomenon of ineffective evidence in criminal procedures as a result of a breach the rules of evidence. The aim of the thesis is to submit current regulations about evidence in the Czech legal system, evaluate it and shine a light on certain problems. Can a criminal procedure be just if the essential principles are trampled on and the government breaks the law? Are there any barriers preventing geovernment arbitrariness? This thesis tries to answer these questions by introducing legal institutes based on area of evidence in criminal procedure. Thesis consists of six parts - four chapters, introduction and conclusion. The first chapter deals generally with evidence and its specifics in criminal law. It defines crucial terminology to understand this topic thoroughly and shines a light on principles of evidence. The second chapter revolves around admissibility and especially efficiency of evidence as a result of a breach in the rules of evidence by law enforcement. That breach of evidence has to fulfill a certain level of severity which has an important part in evidence ineffectivity. In the very last part of this chapter the author suggests legislative changes according to a...
|
|
|
The consequences of the breaching the rules on evidence for the effectiveness of evidence
Šabatková, Tereza ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
This diploma thesis deals with the ineffective evidence in the context of criminal procedure in the Czech Republic. The aim of this thesis is to provide a coherent interpretation on this topic, analyse current legal framework including its shortcomings and supplement the thesis with a sufficient number of applicable case law. The thesis is systematically divided into three main chapters. The first chapter is a short interpretation of key terms, principles of the law of evidence and fundamental sources of law related to the evidence. The second chapter is crucial for understanding this issue. This chapter is devoted to the evaluation of evidence from the point of view of their legality as well as the possibility of using such as evidence in criminal proceedings subject to the statutory rules on evidence. After a theoretical introduction on absolute and relative inefficiency of evidence, the legality of evidence is described in detail according to five different aspects, which determine legal boundaries of evidence. These five aspects are means of evidence, the subject of evidence, stage of proceedings, the subject-matter of evidence and taking of evidence. Part of this chapter is also dedicated to the issue of whether the inefficiency of evidence has an impact on evidence obtained as a result of...
|
guest ::
