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Custodial Assurance of The Accused Person
MAŘÍKOVÁ, Miroslava
The diploma thesis is focused on the custodial assurance of the accused person. The institute of the custody is seen as a freedom restriction and the person's personal freedom and also it is seen as one of the kinds of ensuring measures. The core is to keep the conditions set by the law and basic principles of the criminal proceedings to not to allow over-use or abuse of the custody. The aim of the diploma thesis is the analysis of the custodial assurance legal frame, custody basic characteristics, its reasons, measures to substitute custody and to map the or of the social worker in this field. It is overall summary of legal adjustments concerning the custody. The thesis is divided into twelve chapters. The first chapter is dedicated to the person assurance itself before the custody procedure and the second chapter includes custody basic characteristics and its legal anchor. The third chapter deals with custodial conditions, reasons and its duration. The fourth one concerns the custody length and other legal terms. The fifth chapter is focused on the decision about custody in proceedings before the court and in the legal proceedings and that in the frame of the authorities by particular organs. The sixth chapter concerns the custody itself, including the place and personal section. There are defined the measures which can be used to substitute the custody in the seventh chapter. There is analysis of the link in the case of youth offenders and there are also stated the main differences from adult accused ones in the eighth chapter. The ninth and tenth chapter mention psycho-social impact of the custody, social work with people in the custody proceedings and the role of the social worker in this field. The last chapter is in short focused on the comparison of the custody and the punishment. The diploma thesis comes out primarily from the judicature, legal regulations - in particular from the Law nr. 141/1961, about the criminal proceedings of justice (legal code), literature with comments, professional articles and internet sources.
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