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Presumption of Innocence
Svoboda, Timon ; Gřivna, Tomáš (advisor) ; Říha, Jiří (referee)
Presumption of Innocence: Possible Limitation and Obstacles to Fulfillment Abstract The presumption of innocence is one of the oldest legal principles, a guarantee of an objective approach to the accused in criminal proceedings and a human right. This thesis deals with the concept, content and history of the presumption of innocence and its embodiment in law and nature, not only from a legal point of view. The author comes to the conclusion that the presumption is not of absolute nature and it is possible to limit it in order to preserve other values. The main topic of the thesis is the issue of the possibility of limiting the presumption of innocence. Based on the analysis of ECtHR and Constitutional Court jurisprudence and opinions of experts, the author comes to the conclusion that the presumption of innocence can, under certain conditions, be limited in a permitted manner firstly by placing the burden of proof on the accused, secondly as a result of the statutory regulation of proceedings on extraordinary remedies filed in favor of a deceased convict and thirdly as a result of the accused pleaing guilty. On the contrary, in the case of pretrial detention, the author came to the conclusion that the imposition of pretrial detention is not a limitation of the presumption of innocence. However, the...
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Formal Burden of Proof of Public Prosecutor in Criminal Proceedings
Pudilová, Anežka ; Šelleng, Dalibor (referee)
The legal concept of formal burden of proof of public prosecutor has been discussed for more than 17 years of legislative work on the new Criminal Procedure Code and an increased attention was also paid to it before by the legal science, at the same time with the enforcement of adversary elements of court proceedings. The legal concept in question was established and developed as part of the Anglo-Saxon type of criminal proceedings where trial is based on a dispute between the parties. This involves the exclusive procedural responsibility of public prosecutor to clarify the facts relevant to the indictment filed. Although it is possible to give a brief description of the legal concept in question in a single sentence, its enactment would affect the overall nature of the proceedings before the court and would also be reflected in other stages of the criminal proceedings. The aim of the dissertation was to analyse the prerequisites and consequences of the enactment of the formal burden of proof of public prosecutor in the Czech criminal proceedings. Given the origin of the legal concept, the crucial question was whether its adoption would necessarily constitute a total departure from the legal principles which the existing Criminal Procedure Code is based on or whether it is possible and appropriate...
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Formal Burden of Proof of Public Prosecutor in Criminal Proceedings
Pudilová, Anežka ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee) ; Kalvodová, Věra (referee)
The legal concept of formal burden of proof of public prosecutor has been discussed for more than 17 years of legislative work on the new Criminal Procedure Code and an increased attention was also paid to it before by the legal science, at the same time with the enforcement of adversary elements of court proceedings. The legal concept in question was established and developed as part of the Anglo-Saxon type of criminal proceedings where trial is based on a dispute between the parties. This involves the exclusive procedural responsibility of public prosecutor to clarify the facts relevant to the indictment filed. Although it is possible to give a brief description of the legal concept in question in a single sentence, its enactment would affect the overall nature of the proceedings before the court and would also be reflected in other stages of the criminal proceedings. The aim of the dissertation was to analyse the prerequisites and consequences of the enactment of the formal burden of proof of public prosecutor in the Czech criminal proceedings. Given the origin of the legal concept, the crucial question was whether its adoption would necessarily constitute a total departure from the legal principles which the existing Criminal Procedure Code is based on or whether it is possible and appropriate...
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Institute of Pre-trial Detention in Criminal Proceedings
ZELENKOVÁ, Nikola
This bachelor thesis deals with the restriction of personal liberty of an accused person during the prosecution through the custody institute in the context of fundamental human rights and freedoms guaranteed by the rule of law including the international treaties to which the Czech Republic is bound. The thesis is divided into four chapters. The legal analysis of restriction of personal liberty through restraint or arrest that precedes the custody is followed by so-called material custodial law, specifically the custody institute focusing on the grounds for detention. The next chapter covers formal custodial law dealing with procedural aspects of the detention of an individual within the detention session, the detention order and the limits for accepting legal compensations for the detention by other measures. The last chapter deals with the detention in terms of rights and duties of an accused person in a detention including possible social-psychological aspects.
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Criminal procedure, the public and media
Žilová, Denisa ; Bohuslav, Lukáš (advisor) ; Tlapák Navrátilová, Jana (referee)
Criminal procedure, the public and media - abstract The public principle is a fundamental element of the right to a fair trial. This public character protects litigants against the secret administration of justice with no public scrutiny. Public hearing also fulfils the educational and preventive function. Therefore there must be sufficient legal reasons to justify an exclusion of the public. The right of the public to receive information and the media's right to disseminate information are tied with the public control of the judiciary. Courts do not operate in a vacuum and criminal cases may be a subject to public debates. However, none of this is happening without any regulation. The freedom of expression has also its limits. As the personality rights and the presumption of innocence stand at the same level as this freedom. Media play two important roles in criminal proceedings. First role consists of dissemination of information (within the public interest) about ongoing criminal proceedings. This important task has several results. One is development of general prevention, when state tries to influence the society as whole, another is assistance with finding a missing person. Second role of media is interfaced with supervision. Information provided by media facilitate to control criminal proceedings....
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The role of media during formation of public opinion on the course of criminal proceedings
Fuksová, Veronika ; Benda, Josef (advisor) ; Bednařík, Petr (referee)
Diploma thesis called The Role of the media in shaping public opinion on the course of criminal proceedings deals with the issue which lies on the border between legal and media science. Its aim is to explain the relationship between these two areas on the basis of criminal proceedings, both in theory and practice using real criminal cases. Diploma thesis primarily deals with the legal base of the media and its relationship to some important principles of criminal law, namely the principle of presumption of innocence and the principle of public prosecutions. The principle of presumption of innocence and its violation affects the personal rights of offended person, so this work is also focused on comments relating to the personality protection against unauthorized interference which may occur in the context of criminal proceedings, both by the authorities involved in criminal proceedings as well as from the media. For the media sector there are some typical legal institutes correcting such interference which are presented in this thesis as well. As already mentioned, the thesis has practical dimension within which there are four essential criminal cases of 2015 examined through different media platforms that informed about these cases. The final section summarizes the findings which were achieved in...
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