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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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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...
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Urgent and unrepeatable acts
Kučera, Petr ; Tejnská, Katarína (advisor) ; Galovcová, Ingrid (referee)
and keywords Urgent and unrepeatable acts Urgent and unrepeatable acts are procedural acts of criminal proceedings in which there is a conflict between the rights of the defense with the purpose of criminal proceedings consisting in the lawful determination of the circumstances of the commission of a crime and in the fair punishment of its perpetrator. This conflict is tolerated because urgent and unrepeatable acts are used to secure and take evidence that risks being thwarted, destroyed or lost, or evidence that cannot be taken in court proceedings. The aim of this work is to describe and analyze the conditions under which these, by their nature exceptional, acts of criminal proceedings can be performed and to analyze the consequences of non-compliance with these conditions. To this end, the first chapter described the structure of criminal proceedings with a focus on the structure of preparatory proceedings and analyzed the definition of urgent and unrepeatable acts, provided some typical examples and an analysis of the problematic definition of urgency. In the second chapter, in addition to the general conditions of evidence, the formal and material conditions for performing urgent and unrepeatable acts were analyzed, including the question of whether some additional conditions imposed on...
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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...
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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...
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Principle nemo tenetur se ipsum accusare in criminal proceedings
Děček, Milan ; Gřivna, Tomáš (advisor) ; Ivor, Jaroslav (referee) ; Tlapák Navrátilová, Jana (referee)
Labor deals with the application of the principle of non-coercion to self-accusation in criminal proceedings, not only in the Czech Republic but also in other European countries and the USA. Partial results are obtained in particular by analyzing the case law of the European Court of Human Rights, the Constitutional Court of the Czech Republic and, not least, the work presented the views of the experts in the criminal process. Application of that principle is examined from different angles using various procedural acts when the argument was the same judgments inferred line between permissible and impermissible coercion from authorities involved in criminal proceedings. This limit is characterized by the activity of the accused to self- accusation, to which the accused may not be compelled under the threat of sanctions. The thesis deals with the historical development of the principle, its enactment in the valid law, but mainly with its application in the criminal proceedings. The application of this rule is examined not only for various types of testimony in criminal proceedings, but also for further evidence and procedural acts in criminal proceedings (recognition, issue / removal of the subject, identification, use of agent), as well as criminal prosecution of legal entities. The "nemo tenetur se...
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Violation of law on taking of evidence in criminal procedure and its consequences
Hula, Ondřej ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
Violation of Regulations on Burden of Proof in Criminal Procedures and its Consequences This dissertation deals with the issues associated with violation of regulations on burden of proof in criminal procedures and its consequences. A great number of regulations stipulate burden of proof. The core of the regulation lies in the Criminal Code. However, another range of regulations can also be found in international contracts regarding human rights and the constitutional system of the Czech Republic since burden of proof concerns basic human and fundamental rights. In the present, the issue of burden of proof gains more attention due to the endeavour of legistators to adopt a new Criminal Code and due to some criminal procedures which appeared in the media and in which improper use of burden of proof caused illegality of the criminal procedure as a whole. Another fact that contributes to the topicality of this issue is that currently, defence in criminal procedures focuses especially on the utility of evidence collected during the preliminary procedure, where fomalistically applied regulations might lead to no punishment of the perpetrator. The main objective of this dissertation is to describe efficacious regulations and regulations on burden of proof in force as well as the consequences of violation...
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The consequences of the breach of evidence rules for the effectiveness of evidence
Maříková, Marie ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
This thesis deals with impacts on the applicability of evidence which results from violation of directives modifying the process of proofs of trial proceedings. The significance of proofs is crucial as by its means the reconstruction of the event of significance from the criminal law perspective is done. The condition for fulfillment of criminal trial proceedings purpose is a complete and proper determination of fact whereof there is just suspicion in the extent necessary for issue of decision. At the same time it is necessary that the set rules were followed for purveyance, locking, implementation and evaluation of evidence as these rules represents guarantee of just law trial proceedings as the one of fundamental attribute of democratic legally consistent state. This thesis is divided into four main parts and preface and conclusion. First part deals with definition of the term proofs in trial proceedings, its meaning and purpose. Moreover it deals with legal form of proofs including constitutional and international law way out. It contains also listing of fundamental terms and principles controlling process of proofs and division of evidence from different perspectives. In second part of this thesis, the issue of admissibility of evidence is processed with which acquisition and application was...
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Ineffectiveness of evidence in criminal proceedings
Děček, Milan ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This essay deals with problematic of evidence-efficiency. It is based on analysis of not only national, but also international law sources of different legal power. It further deals with this issue not only from theoretical, but also practical side of the Czech and as well another countries criminal procedure. It closer devotes to the conception of ineffective evidence in Czech criminal-legal theory. The question of efficiency of evidence obtained from inefficient evidence is considered one of the most complicated ones. The legal regulation itself does not reflect on that and jurisprudence as well as opinions of criminal law authorities are not uniform. Reasoning " de lege ferenda" lead to demand of a better legal regulation. Namely the addition of the legislation on General Conditions clause enshrining the ineffectiveness of the evidence exhaustively with significant defects in individual cases based on the prohibitions that were included in the adjustment of individual evidence.
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