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The Position of the Police Authority in Pre-Trial Criminal Proceedings
Jaňovka, Jan ; Musil, Jan (advisor) ; Hořák, Jaromír (referee)
Abstract, key words The Position of the Police Authority in Pre-Trial Criminal Proceedings One of the aims of the presented work was to find out what is the position of the police authority in the Czech criminal preparatory proceedings. I was also concerned with its relationship to other authorities and in particular to the public prosecutor's office. In the initial historical excursus I briefly dealt with the legal regulation in the field of criminal proceedings in the period from 1918 to the present. In the next chapter I described the types and legal regulation of the various police authorities, including the resolution of jurisdictional disputes between them. I then examined, by looking at the structure of the tasks performed by police authorities, the actual position of the police authority in contemporary criminal proceedings. I examined its procedure at the various stages of the pre-trial proceedings and what its relations are with other public prosecutor and the court. In the third part I described the position and organisation in the Federal Republic of Germany. I have described the tasks of the police in criminal proceedings. This showed that criminal proceedings in Germany are considerably faster and less formal. As far as Czech criminal proceedings are concerned, the public prosecutor has...
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Participation of the defense attorney in the preliminary proceeding
Francová, Lucie ; Heranová, Simona (advisor) ; Tlapák Navrátilová, Jana (referee)
Participation of the defense attorney in the preliminary proceeding Abstract The right of defense is one of the most important fundamental rights of a person against whom criminal proceedings are conducted. It can be defined as a set of rights which the law gives to a person in order to enable him or her to defend himself or herself effectively against the charges brought against him or her and to protect his or her rights and interests in criminal proceedings. The person against whom criminal proceedings are brought must be clearly informed of his or her rights at every stage of the proceedings and must be able to exercise them fully. The right of defense consists of several components. It includes the right to defend oneself in the proceedings by the means of one's own choice, the right to choose a defense attorney and to consult him on the manner of defence, and the right to require the criminal proceedings authorities to proceed in such a way as to establish the facts of the case beyond reasonable doubt and to the extent necessary for a decision. This diploma thesis is divided into an introduction, three parts and a conclusion. The first part of the diploma thesis deals with the legal regulation of the right of defense and the content of the principle of the right of defense. The second part of the...
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Participation of a defense attorney in preliminary procedure
Dvořáčková, Eva ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The right to have the assistance of defense attorney and to consult with him the way of defense is a part of the right of defense - a basic right in democratic countries, which is expressed in article 40 of Charter of Fundamental Rights and Basic Freedoms and also in various international treaties. The function of defense attorney in the criminal proceedings is irreplaceable. He provides legal aid though all stages of criminal procedure, but I concentrate on his role in preliminary procedure. The defense attorney defends his client from the beginning of criminal prosecution, but advocate can render help even before the criminal prosecution starts, during providing explanation. A right of defense attorney to search out evidence, present evidence and put it forward belongs among the means, which a defense attorney can use to defend his client and affect the course of criminal proceeding. Another right of defense attorney is to participate in the investigative act and the right to see the criminal file. Other rights of the defense counsel are listed in §41 of the criminal procedure code. My thesis is divided into six chapters. The first chapter deals with the right of fair trial and a right of defense. The following chapters describe preliminary procedure and the role of defense attorney in particular forms of...
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The prosecuting attorney and the police in pre-trial proceedings
Borovička, Lukáš ; Jelínek, Jiří (advisor) ; Herczeg, Jiří (referee)
The topic of this thesis is "The prosecuting attorney and the police in pre-trial proceedings". It has purpose to inform interested persons about legal regulations of pre-trial proceedings, purpose, function and methods of prosecuting attorney and the police. After short introduction subsequent chapter one deals with term "the police" including legal regulations of this term in Code of criminal procedure and common commentary. Characterization and explanation of term "the prosecuting attorney" in chapter two also delas with legal regulations of his function and role in pre-trial proceedings as well as with general characterization. Following chapter shortly explains some selected basic fundamentals or principles of criminal law and especially those principles used mainly in pre-trial proceedings. The term "pre-trial proceeding" is explained in chapter five including all of phases and forms of pre-trial proceedings. The core of the thesis is situated into chapter six, which deals with the present legal regulation of preliminary criminal procedure, especially role of the police and prosecuting attorney. In chapter seven there is a brief explanation of shortened preparatory criminal proceedings. In ending chapter I tried to give a summary and I also mentioned some problems of application of current...
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The position and tasks of a judge in pre-trial criminal proceedings
Stará, Renata ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
This diploma thesis is focused on the position and tasks of a judge in pre-trial criminal proceedings and aims to present the role of the judge in pre-trial proceedings on the basis of analysis of his role and specific actions carried out in accordance with the Criminal Procedure Code which he takes part in. Criminal proceedings in general is a topical issue when considering a planned recodification of the Criminal Procedure Code. Moreover, pre-trial criminal proceedings present a significant part of criminal proceedings because all the evidence obtained and gathered in this stage might have a huge impact on the course and decision of a trial. Even though the prosecutor is in charge of pre-trial criminal proceedings, the judge holds an important position in this stage since he decides on actions which interfere with human rights and fundamental freedoms. The diploma thesis is divided into four chapters which are complementary and logically follow each other. The first chapter deals with criminal proceedings in general; in particular, it contains a definition and tasks of criminal proceedings, parties and subjects and stages. Emphasis is placed on fundamental principles of criminal proceedings as they present the main building blocks and permeate the entire Criminal Procedure Code. The second...
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The position of the public prosecutor in the preparatory criminal proceeding
Tykalová, Štěpánka ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
1 The position of the public prosecutor in the preparatory criminal proceeding The submitted rigorous thesis contains an analysis of competencies of the public prosecutor within the execution of the supervision over maintaining the legality in the preparatory criminal proceeding in accordance with the current legislation specified in the Criminal Procedure Code. The preparatory criminal proceeding is the first, pre-trial, stage of criminal proceeding. The objective of this stage is to reinsure that the suspicion of the commitment of a crime by a certain person is sufficiently sustained and that the evidence proving the guilt of the accused person has been obtained in order to file an indictment or agreement on the guilt to court. The position of the public prosecutor in the preparatory criminal proceeding is crucial, because it is he, who bears the full responsibility for results of this criminal stage. Active performance on the supervision of the preparatory proceeding by the public prosecutor ensures that the police authorities act in accordance with the Criminal Procedure Code, follow the basic principles of criminal procedure and that the fundamental rights of suspects are protected in order to avoid excess of the police. The thesis consists of four parts. In the first part I describe the concept of the...
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The status of the state prosecutor in preparatory criminal proceedings
Králová, Nicola ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The status of the state prosecutor in preparatory criminal proceedings Abstract The topic of the thesis is "The status of the state prosecutor in preparatory criminal proceedings". This issue is still relevant not only in the area of the criminal law, but also from the point of view of the public. Given the importance of the role of the Public Prosecutor's Office in a democratic state governed by the rule of law, it is necessary for the legislation, which governs the competences of the Public Prosecutor's Office, to respect the present needs of the public. The above mentioned issues resulted in discussion regarding recodification of the criminal proceedings and the Act on the Public Prosecutor's Office. However, the preparation of the new legislation must not overlook possible negatives of an innovative approach. It cannot be assumed that there would be full consensus on all aspects of the legal status of the state prosecutor, but the recodification must not cause systemic failure and paralysis of the state prosecutor's competences. The first chapter deals with the historical development of the Public Prosecutor's Office in the Europe with a focus on Czech territory. The following chapter focuses on the current regulation of the Public Prosecutor's Office in the Czech Republic. It also deals with the power...
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The public prosecutor in a pre-trial proceedings
Hájek, Jaroslav ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The public prosecutor in a pre-trial criminal proceedings Abstract The Diploma thesis is concerned with the role of a Public Prosecutor in pre-trial criminal proceedings. The opening part of the thesis introduces the Public Prosecutor's office as a system of authorities of a state, which is established to defend a public interest in criminal proceedings. In this part of the Diploma thesis deals with the scope of authority of the Public Prosecutor's office, the framework of the Public Prosecutor's office and with the questionable issues of the position of the Public Prosecutor's office according to the Constitution of the Czech Republic and the independence of the Public Prosecutor's office. The opening part of the thesis also covers a brief definition of the term the pre-trial criminal proceedings since the core of the activity of the Public Prosecutor lies in this stage of criminal proceedings. The following parts of the thesis are dedicated to a detailed analysis of a role of a Public Prosecutor in pre-trial criminal proceedings based on the valid legislation of the Czech Republic. First, the author deals with general issues of the role of Public Prosecutor in pre-trial criminal proceedings. The Public Prosecutor performs a supervision in pre-trial criminal proceedins. The supervision in preparatory...
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The role of police in pre-trial proceedings
Konečný, Martin ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
The aims of the thesis is to present an analysis of a group of entities legally referred to as "the Police authorities" at preparatory criminal proceedings and to define the material and local competency of such authorities, also in the context of the contemplated or, as the case may be, already implemented regulation thereof. The purpose of the thesis is to describe specialised departments or sections participating in criminal proceedings in the role of the Police authorities. These efforts are, however, in some cases obstructed by the fact that the needed information is subject to confidentiality according to special law, so it is no available at all or it is only possible to rely on general publicly accessible sources. The thesis also contains a passage focused on the fundamental national legislation in terms of tasks of the Police authorities at criminal proceedings, including a chapter analysing basic procedures applied in terms of international law. The last part of the thesis concentrates on crucial moments of preparatory proceedings, how it is instituted, closed, and on the so-called pre-trial stage. The procedural tasks of the Police authorities at these stages were practically demonstrated on specific samples followed by the Police of the Czech Republic, on the application of which the...
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Defender's participation in preliminary procedure
Blaškovanová, Veronika ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
This rigorous theme focuses on the position of defence counsel in the preliminary proceeding because the participation of the defence counsel on the criminal procedure is a contemporary topic, both from the theoretical and practical point of view. The theme of this thesis describes the development and strenghtening of the position of the defence counsel from the historical perspective as well as based on the evolution of jurisprudence. The core of the presentation theme is to define the position of the defence counsel as well as his / her rights and obligations in the preliminary proceeding. The defence counsel has guaranteed "defending" rights for all phases of the criminal proceeding due to the fact that the accused person has the right to be defended. This theme brings added value (especially from the perspective of its potencial use) to everyone due to the fact that the role of the defence counsel and his presence already in the pre-judical phase of the criminal proceeding is of vital importance not only for the proper enforcement of the right to be defended granted to the accused but also for the other phases of the criminal proceeding. Preliminary proceeding serves to verify the initial information concerning the commiting of crime and the reliability of such information, to detect a person...
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