|
|
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...
|
|
|
Defence by the defence counsel in the trial
Juráň, Martin ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Defence by the defence counsel in the trial Abstract The thesis provides the reader with practical overview of the exercise of the rights and obligations of the defense counsel during the trial phase. The aim of the thesis is, in addition to a comprehensive definition of the rights and obligations of the defense counsel in relation to the trial phase of the criminal proceedings, to also set out controversial issues of interpretation of norms of the criminal procedure and deficits of the criminal procedure regulations and outline their possible solutions with regard to the right of defense. The thesis is systematically divided into two parts, the first of which deals with a brief and general description of concepts related to the scope of the thesis. These are, in particular, the right of a fair hearing, the institute of a defense counsel and the stages of the criminal proceedings with an emphasis on the concept of trial phase. The second part is designed taking into account the practical nature of the topic and provides a detailed analysis of the exercise of the rights and obligations of a defense counsel in the trial phase. Emphasis is placed primarily on the exercise of such rights and obligations by which the defense counsel has the opportunity to influcence the decision of the court in favor of the...
|
|
|
The right of defense in criminal proceedings
Svobodová, Pavla ; Bohuslav, Lukáš (advisor) ; Pelc, Vladimír (referee)
The thesis deals with the right of defense in criminal proceedings in the Czech Republic. The thesis is divided into several chapters defining the legal rights of the defense at national and international level. The thesis deals with the historical development of the right of defense in the first chapter, defining certain differences of the former legal regulations up to the present. In the next part of the thesis, the institute of the right of defense is analyzed in terms of international and national legislation, including regulation at European Union level. The third chapter deals with the position of the accused, what the denomination carries in the various stages of the criminal proceedings, and what are his individual rights of defense, including material and formal defense. The third chapter follows the chapter analyzing the position of a lawyer in criminal proceedings. It focuses on its historical development, attorney's substitution, advocate's rights and duties, and individual ways of choosing a lawyer, including the necessary defense institute. The fifth chapter deals with a separate group of persons to whom statutory defense rights belong. Finally, the legal framework for the right of defense, including the de lege ferenda, is reviewed. The thesis also includes the case law of the...
|
|
|
The right of defense in the Czech criminal proceedings
Klofáčová, Anna ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The right of defense in the Czech criminal proceedings The right for a defence is a right of the defendant guaranteed by the Constitution and by its means represents one of the conditions for a fair-minded trial. The fair-minded decision can be achieved when the defendant is guaranteed a proper application of the right of defence over the whole trial. The goal of my diploma thesis is to expound the constituent rights of the defendant which together create the right of defence. In the whole diploma thesis I am trying to present the current legal alterations, pointing out their imperfections, which appear at the carrying out of defence in the practice and describe the mutual relationship of the defendant and the defence counsel. In the first part of the thesis I am focusing on the general definition of the right of defence the way it is regulated on the legal and constitutional level in the Czech Republic and I also state how it is enshrined in the international agreements within whose meanings the Czech Republic is bounded according to the 10th article of the Constitution. In the second chapter I am describing the position of the defence counsel and the defendant in the criminal proceedings and persons, which can in the criminal proceeding act (appear) on the side of the defence. The third chapter...
|
guest ::
