|
|
Participants in misdemeanor proceedings and their rights in application practice
Šimon, Josef ; Prášková, Helena (advisor) ; Petrmichl, Václav (referee)
Participants in misdemeanor proceedings and their rights in application practice Abstract Misdemeanor proceedings are an administrative procedure of public authorities (administrative bodies). Through which, part of the criminal policy of states is implemented. Its main task is to hold the perpetrator liable for their wrongdoing and to protect society from less serious acts - misdemeanors. In essence, it is similar to criminal proceedings, whose objective differs only in that it protects society from more serious acts. It follows from this definition, that the misdemeanor proceedings should not differ significantly from the procedural guarantees observed in criminal proceedings. Procedural guarantees of criminal proceedings are provided through the rights of accused persons. The subject of this paper is the analysis of procedural rights, especially of those accused of a misdemeanor, but also other participants in the proceedings on the misdemeanor. Emphasis is placed on the content of these rights and the possibility of exercising them towards administrative authorities. To this end, the thesis examines the decision-making practice of supreme courts (European Court of Human Rights, Constitutional Court, Supreme Administrative Court), as well as administrative bodies in the field of administrative criminal...
|
|
|
First instance hearing of administrative delicts
Nováková, Hana ; Prášková, Helena (advisor) ; Kryska, David (referee)
The subject matter of this thesis is the first instance hearing of administrative delicts, where the main focus is on the legal status of the accused. Since the adjudgement on guilt of the accused is the fundamental objective of the administrative infraction proceedings, it is not conceivable that such proceedings would be conducted in his/her absence. The accused is the essential subject whose rights and obligations are mandatorily adjudicated. Part 3 of the Act No. 200/1990 Coll., on Transgressions, is the main source of legal regulation of administrative infraction proceedings, while the Act No. 500/2004 Coll., Administrative Procedure Code, shall be used subsidiarily. These laws represent the basic legal framework for a proper conduction of administrative infraction proceedings. However it is also necessary to apply a wide range of legal principles arising out of the constitutional law and the international law. The European Convention on Human Rights plays a pivotal role since it guarantees the right to a fair trial, together with the presumption of innocence and the right of self-defense, as two integral parts of the right to a fair trial. This thesis analyses the individual procedural rights of the accused in detail, along with their classification into appropriate stages of the...
|
guest ::
