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Interception - a public issue? Publishing the records of police in mass media
Janoušek, Milan ; Urban, Michal (advisor) ; Agha, Petr (referee)
The focus of my thesis is the issue of publishing police wiretaps in mass media. The work is divided into four parts. The first part deals with the role of mass media in today's society and its influence on politics and democracy. All of which from a media studies point of view. It also focuses on infotainment as I consider publishing wiretaps as one of the most significant manifestation of this growing trend. The second part explores mass media from a legal point of view. It describes the current state of media legislation and self-regulation. Basic terminology and the rights and responsibilities of journalists are defined in the chapter. Using the test of proportionality, it explains how courts decide when the freedom of expression and the right to privacy collide. Decisions of the Czech Constitutional Court and the European Court of Human Rights are frequently cited in the work for a better understading of the issue. The third part is an analysis of various aspects of police wiretapping pursuant to the Criminal Procedure Code. Apart from legislation, it describes the practical aspects of wiretaps handling. File leak prevention is also discussed in the chapter. The fourth, yet the most original, part of the thesis is an analysis of two cases where wiretaps were published without consent during the...
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Legality of Evidence in Criminal Proceedings in the Light of the European Convention on Human Rights
Nejedlý, Josef ; Hýbnerová, Stanislava (advisor) ; Hofmannová, Mahulena (referee) ; Hubálková, Eva (referee)
1 Abstract This PhD thesis focuses on the legality of evidence in criminal proceedings in the light of the European Convention on Human Rights ("the Convention"). At first sight it might seem that this field is only remotely connected with the Convention. In fact, none of the provisions of the Convention expressly regulates issues of evidence and the European Court of Human Rights ("the ECtHR") traditionally refuses to rule on the legality and the admissibility of evidence having regard to its subsidiary role and the doctrine of fourth instance. Yet the days when the question of the legality of evidence was exclusively a matter of domestic law are now long gone, as is evidenced by the relatively abundant jurisprudence of the ECtHR and the former European Commission of Human Rights (jointly "the Convention organs"). Moreover, Strasbourg case-law has been evolving dynamically in this area. It is thus one of the challenges currently facing both legal science and practice which stand before the difficult task to capture and influence these developments. The gathering of evidence in criminal proceedings often conflicts with the fundamental rights of individuals. Consequently, it is not surprising that the jurisprudence of the Convention organs dealing with issues of evidence has developed particularly in the...
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Legality of Evidence in Criminal Proceedings in the Light of the European Convention on Human Rights
Nejedlý, Josef
1 Abstract This PhD thesis focuses on the legality of evidence in criminal proceedings in the light of the European Convention on Human Rights ("the Convention"). At first sight it might seem that this field is only remotely connected with the Convention. In fact, none of the provisions of the Convention expressly regulates issues of evidence and the European Court of Human Rights ("the ECtHR") traditionally refuses to rule on the legality and the admissibility of evidence having regard to its subsidiary role and the doctrine of fourth instance. Yet the days when the question of the legality of evidence was exclusively a matter of domestic law are now long gone, as is evidenced by the relatively abundant jurisprudence of the ECtHR and the former European Commission of Human Rights (jointly "the Convention organs"). Moreover, Strasbourg case-law has been evolving dynamically in this area. It is thus one of the challenges currently facing both legal science and practice which stand before the difficult task to capture and influence these developments. The gathering of evidence in criminal proceedings often conflicts with the fundamental rights of individuals. Consequently, it is not surprising that the jurisprudence of the Convention organs dealing with issues of evidence has developed particularly in the...
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Interception - a public issue? Publishing the records of police in mass media
Janoušek, Milan ; Urban, Michal (advisor) ; Agha, Petr (referee)
The focus of my thesis is the issue of publishing police wiretaps in mass media. The work is divided into four parts. The first part deals with the role of mass media in today's society and its influence on politics and democracy. All of which from a media studies point of view. It also focuses on infotainment as I consider publishing wiretaps as one of the most significant manifestation of this growing trend. The second part explores mass media from a legal point of view. It describes the current state of media legislation and self-regulation. Basic terminology and the rights and responsibilities of journalists are defined in the chapter. Using the test of proportionality, it explains how courts decide when the freedom of expression and the right to privacy collide. Decisions of the Czech Constitutional Court and the European Court of Human Rights are frequently cited in the work for a better understading of the issue. The third part is an analysis of various aspects of police wiretapping pursuant to the Criminal Procedure Code. Apart from legislation, it describes the practical aspects of wiretaps handling. File leak prevention is also discussed in the chapter. The fourth, yet the most original, part of the thesis is an analysis of two cases where wiretaps were published without consent during the...
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The special methods of proof in criminal procedural law and comparison with anglo-saxon legal system
Skokanová, Regina ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The goal of this thesis is to compare the special methods of proof in the criminal procedural law in the Anglo-Saxon coutries (England, Irend and Scotland). Firstly I will concentrate briefly on the history of criminal law in the Czech Republic, followed by a short introduction of the phases of the trial. Then, the special methods of proof in the Czech system of law will be focused on in detail (recognition, reconstruction, confrontation, on-site examination and the crime experiment). Then I will turn back to the methods of gathering special evidence in the Anglo-Saxon countries. When possible, I will point out the diferrence between both system in the chapters themselves as they arise, however in the I will conclude the findings in the final chapter if the thesis: how the methods differ and what they have in common. Powered by TCPDF (www.tcpdf.org)
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Media discourse of the regulation of media with an attention to cases of publicising information from phone hacking-comparative analysis of Czech and British daily newspapers
Pospíchal, Tomáš ; Trampota, Tomáš (advisor) ; Křeček, Jan (referee)
This thesis is concerned with the media image of Czech and British press regulation, with a focus on daily newspapers. The theoretical part deals with selected normative requirements for media, the concept of public interest, the legislative framework of the press operation in the Czech Republic and the United Kingdom, self-regulation mechanisms of the British press, and, last but not least, ethical norms and professional practice that comes with the occupation of a journalist. The thesis also presents the main representatives and the basis of critical discourse analysis, the selected procedures of which are then used in the follow-up study of media content. The analytical part focuses on the discourse of selected Czech and British daily newspapers and examines it in the context of two events associated with state intervention into media regulation. Inthe case of the Czech Republic it is the approval of Law no. 52/2009, titled by the media as "muzzle law", in the case of the United Kingdom we are concerned with the exposal of illegal methods for obtaining information by News of the World, a British weekly. Both of these events led to significant media response, among other reasons because they were closely tied with the issue of media regulation, respectively press regulation. Using the tools of...
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Legality of Evidence in Criminal Proceedings in the Light of the European Convention on Human Rights
Nejedlý, Josef ; Hýbnerová, Stanislava (advisor) ; Hofmannová, Mahulena (referee) ; Hubálková, Eva (referee)
1 Abstract This PhD thesis focuses on the legality of evidence in criminal proceedings in the light of the European Convention on Human Rights ("the Convention"). At first sight it might seem that this field is only remotely connected with the Convention. In fact, none of the provisions of the Convention expressly regulates issues of evidence and the European Court of Human Rights ("the ECtHR") traditionally refuses to rule on the legality and the admissibility of evidence having regard to its subsidiary role and the doctrine of fourth instance. Yet the days when the question of the legality of evidence was exclusively a matter of domestic law are now long gone, as is evidenced by the relatively abundant jurisprudence of the ECtHR and the former European Commission of Human Rights (jointly "the Convention organs"). Moreover, Strasbourg case-law has been evolving dynamically in this area. It is thus one of the challenges currently facing both legal science and practice which stand before the difficult task to capture and influence these developments. The gathering of evidence in criminal proceedings often conflicts with the fundamental rights of individuals. Consequently, it is not surprising that the jurisprudence of the Convention organs dealing with issues of evidence has developed particularly in the...
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