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Home search and search of other premises and locations
Paráčková, Monika ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
This doctoral thesis concerns itself with the search of one's home or search of other premises and locations by law enforcement. The objective is to provide an assessment of the current legal framework for such searches, both in terms of whether personal rights are being sufficiently protected and in terms of whether the framework is well-suited for practical application. Given the nature of home searches and searches of other premises and locations, i.e., more specifically, given how the performance of such searches may infringe upon personality rights, this thesis takes a rather detailed look at the proportionality between the interference with such rights, on the one hand, and the importance of conducting the home search for the respective criminal procedure, on the other. For this reason, an entire chapter is dedicated to the concepts of privacy protection, the inviolability of the home, and the right to be secure in one's home. The thesis analyzes in detail the legal framework for home searches and the search of other premises and locations under current Czech law, but also provides an overview of the historical legal development in our country, touching upon the various pieces of legislation which governed this criminal-law instrument in the past. Naturally, the thesis also devotes space to...
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Residential inspection and inspection of another area and land as allowable intervention into the constitutionally guaranteed rights and freedoms
Děček, Milan ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The subjects of this rigorous thesis are two crucial institutes of criminal proceedings, namely search warrant and other areas search, acts of criminal proceedings bodies that legally limit the inviolability of the home and privacy. The author aims to analyse chosen inviolability of the home and privacy interferences and their constitutional conformity, legal regulation and practice of the courts regarding given institutes. The author analyses, apart from mentioned institutes of criminal law, also selected provisions of the Czech legal order, upon which the inviolability of the home interference arises. Besides search warranty and other areas search and plots can the the inviolability of the home and privacy interferences be seen in other countless cases, especially in the field of administrative law.
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Execution sale of movable property as an interference with the inviolability of the dwelling
Tykvová, Iveta ; Kindlová, Miluše (advisor) ; Hofmannová, Helena (referee)
The master's thesis focuses on a topic which lies on the intersection of civil law procedure and constitutional law. The chosen type of execution proceedings is looked at through the lens of constitutional law with specific focus on dwelling and inviolability of the home, which are interfered with by specific steps of the execution sale of movable property. The aim of the thesis is to bring forth an analysis of the topic from an unusual perspective, and therein answer several research questions, especially to lay out specific (impermissible) interferences with the inviolability of the dwelling within execution proceedings with the goal of highlighting inviolability of the home as a value embodied in the constitutional system of the Czech Republic. The thesis is divided into two parts and only the conjunction of these parts forms a unique whole. The first part focuses on execution sale of movable items. Firstly, it gives an overview of the execution proceedings and clarifies the purpose and goals of the court executors. In the following chapter the thesis looks at the distraining enforcer as a person in direct contact with the debtors and third parties during his on-the-spot operations for the purpose of execution proceedings. The text then shifts its focus to specific aspects of execution sale of...
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Residential inspection and inspection of another area and land as allowable intervention into the constitutionally guaranteed rights and freedoms
Děček, Milan ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The subjects of this rigorous thesis are two crucial institutes of criminal proceedings, namely search warrant and other areas search, acts of criminal proceedings bodies that legally limit the inviolability of the home and privacy. The author aims to analyse chosen inviolability of the home and privacy interferences and their constitutional conformity, legal regulation and practice of the courts regarding given institutes. The author analyses, apart from mentioned institutes of criminal law, also selected provisions of the Czech legal order, upon which the inviolability of the home interference arises. Besides search warranty and other areas search and plots can the the inviolability of the home and privacy interferences be seen in other countless cases, especially in the field of administrative law.
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