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Criminal procedure in front of a single judge
Hassmannová, Valentýna ; Říha, Jiří (advisor) ; Bohuslav, Lukáš (referee)
1 Proceedings before a single judge Abstract The topic of this diploma thesis is criminal proceedings before a single judge and its purpose is to provide a comprehensive interpretation of the legal regulation related to this special type of proceedings, outline problematic questions, answer them and to present own considerations related to possible future legal regulation. The author of this thesis has also focused on the institutes related to proceedings before a single judge, namely the criminal order and the lay element in criminal proceedings. The thesis draws mainly from the literature, commented legal regulations, case law of the courts and professional articles. The thesis is based on the methods of description, analysis and comparison. In the first chapter of the thesis, the author describes the historical development of the proceedings before a single judge and the judicial organization. The historical excursion begins in 1848, when some basic principles of criminal procedure were established, which are still applied today, and therefore meant the beginning of modern criminal procedure. The chapter gradually discusses the most important legal regulation of the time, up to the period of the socialist state, when the legislation of proceedings before a single judge into the Czech legal system was...
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Criminal procedure in front of a single judge
Herš, Michal ; Říha, Jiří (advisor) ; Šelleng, Dalibor (referee)
PROCEEDINGS BEFORE A SINGLE JUDGE Abstract The topic of this diploma thesis is criminal proceedings before a single judge. Due to the relatively broad subject matter, the author of this diploma thesis has focused largely on the history of the development of criminal justice as such and in a later stage of development directly on the proceedings before a single judge in criminal proceedings and the institution of the criminal order. The description of the historical development begins in the second half of the 19th century, where, according to the author, the first beginnings of the European reformed criminal procedure were planted, from which the criminal procedural law is based until today. In the part of this diploma thesis devoted to the historical development of the proceedings before a single judge, the comparison of the earlier and current legal regulation of this institution and the analysis of the subsequent development up to the present day is the key. The historical analysis is followed by the second main part of this diploma thesis, which is devoted to the special regulation of proceedings before a single judge. A significant part of this chapter is devoted to the conditions under which it is possible to hold proceedings before a single judge and under which conditions it is excluded. The...
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Criminal procedure in front of a single judge
Burak, Oleg ; Říha, Jiří (advisor) ; Tejnská, Katarína (referee)
Criminal procedure in front of a single judge Abstract The master thesis focuses on the legislation concerning criminal procedure in front of a single judge and its purpose is not only the description of all aspects of such criminal procedure but also the presentation of disputable questions and their answers. Another objective of the thesis is to identify inappropriate legislation and provide solutions in the form of de lege ferenda thoughts, including the provision of opinions as to future legislation. Based on methods of description, analysis and historical comparison, the master thesis provides a comprehensive view on the single judge, while using commented legislation, academic literature and case law. The first chapter closely describes the historical evolution of the role of the single judge from 1918 (respectively since 1873 as the Austrian-Hungarian legislation had been adapted) until today. The second chapter solves a problematic question whether the single judge can administer justice at a regional court or only at a county court. The following chapters focus on the core of the thesis, which is described in the next three chapters. The third chapter presents the very first actions of the single judge after the prosecution is delivered to him. The fourth chapter is dedicated to the criminal order...
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Criminal proceedings in front of a single judge
Bělohradská, Lucie ; Říha, Jiří (referee) ; Krupička, Jiří (referee)
This rigorosum thesis on the topic of criminal proceedings in front of a single judge deals with, as the title suggests, a very specific, extraordinary criminal proceedings in front of a single judge, therefore in front of the only judge. Currently, the criminal proceedings in front of a single judge is frequently used, as under specific conditions stipulated by law, this proceedings enables execution of a criminal case in an often faster, economical and effective manner, especially in case that the single judge decides in a way that a decision in form of a penalty order is issued. The main objective and purpose of this work is not only to outline the criminal proceedings in front of a single judge as such in a close detail, but also to present all institutes that appear in criminal proceedings, respectively in criminal proceedings in front of a single judge and are closely connected to it. For the sake of better clarity and easier orientation of the reader this rigorosum thesis is divided into several main chapters and related subchapters. The main part of the work, respectively criminal proceedings in front of a single judge legislation de lege lata, continuously builds on and is based on historical context and results in the form of de lege ferenda consideration and suggestion. In conclusion,...
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