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National Repository of Grey Literature 2 records found  Search took 0.01 seconds. 
Detention of foreigners
 Hametová, Andrea ; Kryska, David (advisor) ; Svoboda, Petr (referee)
Administrative detention of migrants Resumé The aim of this thesis was to critically evaluate the institute of administrative detention of migrants and decide whether it is and appropriate, proportionate and necessary measure or if it has become obsolete considering the development of recent years and whether it would be appropriate to replace it with more effective alternatives. In the first part of the thesis I have critically evaluated the legal framework regarding administrative detention of migrants. I analysed the impact of international law with the emphasis of human rights, laid out the rules as stated by fragmented European law directives and regulations. The most detailed analysis is of Czech legal framework, including mentions of its most problematic points both from past and present. Next I considered the nature of the institute as an administrative law instrument used to restrict someone on his personal liberty. Considering the insufficiency of mere legality as a criterion of legality and legitimacy of administrative detention, I evaluated the aims and purposes of the administrative detention of migrants. In the last part of the thesis I have raised some critical points against current legal framework and practice. I point out the abuse of administrative detention for other than legally stated...
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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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