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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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Adaptation of Person on Custody Execution
DOLEJŠ, Martin
Paper in its introduction acquaints with conditions and law aspects of custody as institution and as an elements of criminal system. It brings closer penal trends and problems of their implementing to the practice and takes account of state of the current society and conceivable necessity of intervention which subsists in restraint of the accused person. In the following part, trough no standardized talk in terms of qualitative research, examines in practice the negative exposure of this intervention on the psycho-social adaptation of concrete individuals in the enviroment of stockade. At the end the paper indicates also the other side of the adaptation problem, this time on a person released from custody who is generally adapting on his/her original enviroment.
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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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Criminal custody as an ultima ratio instrument
Urban, Matěj ; Šelleng, Dalibor (advisor) ; Pelc, Vladimír (referee)
Custody as an ultima ratio instrument Abstract This thesis concerns itself with the problematics of custody being an ultima ratio instrument. The aforementioned topic is based on the fact of custody being the harshest means of apprehension, which breaches the fundamental rights and freedoms of an individual in a substantial way. Firstly, this thesis describes the general characteristics of custody and the historical evolution of its legal basis in the Czech region. Then, it analyses the applicable law of custody in the Czech Republic. This body of law is split up into two larger sections, one of them being the material law of custody and the other being the formal law of custody. In regard to material law of custody, the following are mentioned in this order; general conditions for the detention of the accused, the legal reasons of custody, legal alternatives to custody and special cases of custody. In regard to the formal side of the law of custody, the following are mentioned in this order; the description and analysis of length of custody and its admissibility, the ruling in the question of custody, the court session, the objection to the court decision and the execution of custody. This part of the thesis is adjoined by a shorter chapter, which concerns itself by the inclusion of the length of custody...
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Special pedagogue role in system of treating with prisoners
Sechterová, Lenka ; Bajcura, Lubomír (advisor) ; Šotolová, Eva (referee)
This diploma thesis deals with special pedagogue role in system of treating with prisoners at the department custody and department of imprisonment. It also describes all the activities and programs, which are prepared by special pedagogue for accused and convinced. There is described the work of special pedagogue in Remand Prison Praha-Pankrác. The research was based on observations, case reports and interviews.
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Custody in criminal trial
Nosková, Jana ; Jelínek, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
Docotral thesis deals with the issue of custody as a hedge of criminal law, which is the most serious interference with the personal liberty of the accused. The thesis in addition to the initial and final part is divided into nine chapters. The introductory chapter is devoting to embedding custody .The following chapter is focused on material issues of custodial rights. The main part is devoted to procedural custody issues, its own decision to remand the accused in custody, custodial session, review the merits of the custody decision to extend it and replacing the bond measure. In the following chapters is analyzed the custody in juvenile proceedings, the defense of the accused in custody, custody and liability for damage done by a detention. Briefly identifies the Slovak legislation custody. The last chapter is devoted to the detected data relating to remand cases for 2012 in the scope of the District Public Prosecutor's Office in Jihlava and their comparison with data from other government offices. The aim of my thesis was to provide a comprehensive characterization of the current legislation ties especially in the context of extensive amendment of the Institute No. 459/2011 Coll. and the attached amendment to Act No. 45/2013 Coll., to focused on some problematic provisions and propose approaches...
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Human rights in international criminal proceedings
Bureš, Pavel
Právnická fakulta Univerzity Karlovy v Praze Katedra mezinárodního práva Mgr. Pavel Bureš Human Rights in International Criminal Procedure Praha 2011 2 Abstract The rapid development of International Criminal Law in the second half of 20th century and especially on its end is marked by a proliferation of international criminal judicial organs and thereby by a huge increase and development of procedural norms determining these organs' jurisdiction and functioning but also specifying procedural status of individuals - suspected and accused persons, victims. The submitted thesis focuses on one of the aspects of individuals procedural status, namely their procedural guarantees - human rights in international criminal procedure. The analyse of human rights in international criminal procedure (the proceedings before International Criminal Court) was done having been backed by statutory regulations of international military tribunals and ad hoc tribunal for Former Yugoslavia and Rwanda and their case-law. The hypothetical start point was to consider that procedural guarantees in the ICC procedure established by Rome Statute in 1998 are on a highest level and more detailed than these guarantees enshrined in ad hoc tribunals Statutes and even in international universal or regional human rights protecting...
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Confession and its impact on the criminal proceedings
Říhová, Eliška ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
1 Confession and its impact on the criminal proceedings Abstract The aim of this thesis is to provide a comprehensive view of the issue of confession, to characterize this legal concept and describe its importance in matters of substantive and procedural criminal law. For this purpose, the author synthesized the available legal, doctrinal, judicial and other relevant information with her own opinions and considerations de lege ferenda. The content of the thesis is divided into six chapters. The first chapter contains a historical introduction covering the development of confession from the 14th century to the political trials of the 1970s. The second chapter characterizes confession in terms of content and form, focusing on particular requirements for confession and various situations in which it can be made. It also focuses on the legal concept of declaration of guilt, its differences from confession and the mutual relation between the two aforementioned in the light of the recent amendment to the Criminal Procedure Code. The third chapter deals with confession as the evidence and its significance even in case it is revoked or obtained in an inadmissible manner. The fourth chapter deals in more detail with forced confessions, methods of physical and mental pressure on the defendant and presents the results...
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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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