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Intervention (the In-Person Presence) of the Public Prosecutor During Trial in the Czech Context
Žibřidová, Alena ; Drápal, Jakub (advisor) ; Richter, Martin (referee)
Intervention (the In-Person Presence) of the Public Prosecutor During Trial in the Czech Context Abstract The public prosecutor, although long over-looked by doctrinal and empirical research, is a vital element that guides the dynamics and the outcome of criminal proceedings. Nevertheless, prosecutorial intervention (the in-person presence) during trial has not yet been theoretically explored or empirically studied. Therefore, we do not know whether prosecutors approach this subject in a principled and consistent manner, with respect to its original purpose. Based on theoretical premises, I first analyse the elements that influence the role of the public prosecutor, and then I apply these to the Czech criminal justice system. I conclude that, regarding the conceptual role of the Czech prosecutor, which prosecutor attends the court hearing is significant. I then propose a theoretical framework, which reflects both the purpose of the institute of intervention and the specifics of the prosecutor's role during trial. In the empirical section of this master's thesis, I explore the practices adopted at district prosecutors' offices across the prosecution system. For this purpose, I develop four research questions that are directed both (i) at the level of the public prosecution service and (ii) at the practice...
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The Role of Public Prosecutor in Criminal Proceedings
Čermák, David ; Mulák, Jiří (advisor) ; Beranová, Andrea (referee)
The Role of Public Prosecutor in Criminal Proceedings Abstract This diploma thesis on the topic of The Role of the Public Prosecutor in Criminal Proceedings identifies and presents the key parts of the regulation related to the position, role and tasks of the public prosecutor in criminal proceedings. Public prosecutors play an important and irreplaceable role in the system of criminal justice. It manifests itself to the full in particular in criminal preliminary proceedings, in which the public prosecutor exercises his supervisory powers over the procedure of the police authority and has a number of exclusive powers that enable him to effectively control and manage the course of this phase of the criminal proceedings. Furthermore, it is exclusively the public prosecutor who in the Czech Republic is authorized to initiate criminal proceedings before a court and to represent a public prosecution in it. The aim of the thesis is not only to bring closer the key parts of the regulation regarding the role of the public prosecutor in criminal proceedings, but also to critically analyze and place them in a wider context. It approaches individual topics and questions primarily conceptually and tries to use the inductive method to abstract from the specific regulation a conclusion about what role the representatives...
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The role of public prosecutor in preparatory criminal proceedings
Křižková, Lucie ; Vokoun, Rudolf (advisor) ; Richter, Martin (referee)
The intended aim of this diploma thesis called The role of public prosecutor in preparatory criminal proceedings is try to remind but also more elucidate the importance and meaning of public prosecutor - in many cases underrated but in fact indispensable subject of criminal proceeding - both to scholarly and the general public. The emphasis is put on the role of public prosecutor in preparatory criminal proceedings. The juristic theory calls public prosecutor by Latin expression dominus litis - it means master of preliminary criminal proceedings. According to actual legislation, criminal proceedings are not conceivable without his participation. The indisputable benefit and decisive effect of public prosecutor for the result of preparatory criminal proceedings is demonstrated by the description of his activities and authorizations. The key role of public prosecutor particularly consists of the supervision over the observance of legality of activities of the police. The public prosecutor bears the responsibility for the result of pre-trial proceedings. The text tries to offer complex but still clear insight to forewarned issues as much as possible and also provides answers to occurring questions. The diploma thesis is divided into four parts - their order tries to reflect coherent continuity of the...
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The principle of legality and opportunity in criminal proceedings
Vrbová, Johana ; Mulák, Jiří (advisor) ; Beranová, Andrea (referee)
THE PRINCIPLE OF LEGALITY AND OPPORTUNITY IN CRIMINAL PROCEEDINGS Abstract This diploma thesis deals with the issue of the principle of legality and opportunity in criminal proceedings. The aim of this thesis was to establish the development of exceptions to the principle of legality. The introductory part focuses on the conceptual definition of both principles, how the view of expert criminal law authors on both principles has changed until current definition. The section on the definition of both principles is followed by their embedding and form in the criminal codes of the years 1873, 1950, 1956, 1961, up to the current version of the Criminal Procedure Code. On what principles were these criminal codes based and what purpose the principle of legality fulfilled, or whether there were exceptions to this principle in the individual criminal codes. The principle of legality imposes the duty on the prosecutor to prosecute all crimes which he becomes aware of, so the thesis then focuses on this duty and how the principle of legality is related to other general principles. The main focus of this thesis is to analyse the individual exceptions to the principle of legality that are enshrined in the current version of the Criminal Procedure Code and those that are based on directly applicable legal regulation of...
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The role of public prosecutor in the insolvency proceedings
Kubala, Tomáš ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
- 1 - The role of public prosecutor in the insolvency proceedings Abstract The activity of public prosecution is exclusively associated with the criminal proceedings. Therefore, the fact that it also has a very important non-criminal scope of authority is oftentimes forgotten. The primary focus of this thesis is to uncover such second part of its authority, particularly with respect to the insolvency proceedings. Due to the fact that the position of public prosecution has not yet been properly clarified, cases in real life occur, in which even parties to the proceedings themselves question, whether the public prosecution being a party to the respective insolvency proceeding can be deemed as beneficial or whether it was even entitled to exercise some of its procedural acts. The first part of this thesis shall focus on the historic summary of evolution of non-criminal authority of public prosecution (including the insolvency proceedings) and on specification of the basic principle, which is to be pursued or followed during the course of its (entire) activity and which has undergone some evolution throughout the history as well. In the next part, the general legislation shall be discussed which allows the public prosecution to enter into certain proceedings, and even initiate a few of them. Some of the...
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Professional Ethics of Public Prosecutors in the Czech Republic
Novotný, Jiří ; Friedel, Tomáš (advisor) ; Chmel, Jan (referee)
Professional ethics of public prosecutors in the Czech Republic Abstract The diploma thesis is dedicated to problematics of professional ethics from its historical concept, conceptual meaning and development, to current perception and practical application in Czech republic, focusing on public prosecutors of Czech republic. Its purpose is to give readers an insight into theoretical basis of the problematics in question and their influence on current practical uses in the light of current legislation, case study, and other relevant sources. The thesis is structured into three chapters arranged in content from the most abstract chapter to the analysis of specific legal institutes and case studies in the last chapter. It therefore proceeds from the general to the specific in terms of the content. The first, theoretical chapter, focuses on the definition of a key concept in this thesis, the ethics, and other related concepts that are included in the thesis, such as morality, responsibility and law. Furthermore, their mutual relations, connections and differences of meaning are also remembered. The second chapter deals with the professional ethics of public prosecutors with regard to their constitutional grounding in the legal order of the Czech Republic and other legal regulation of lower legal force. It also...
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Public Prosecutor in Preparatory Criminal Proceedings
Chejstovská, Nicole ; Pelc, Vladimír (referee)
1 Abstract The aim of this Diploma thesis is to analyse in the most comprehensive way the status, authority and operation of the Public Prosecutor in Preparatory Criminal Proceedings as well as related disputable issues. The investigation of all criminal offenses, the prosecution of persons who have committed them and the supervision over the compliance with the law in the pre-trial proceedings are the core competencies of the prosecutor throughout the criminal proceedings. A public prosecutor, also known as dominus litis or "master of preliminary criminal proceedings", is responsible for the results of the preparatory criminal proceedings, and it is he who puts forward the accusation to court or decides to terminate the prosecution in the preliminary criminal proceedings. The thesis is divided into five main parts which logically follow and are interconnected. The first part is dedicated to the history of the institute of public prosecution, whose current form has been shaped by years of evolution. In the second part, the reader is broadly acquainted with the Public Prosecutor's office. The main points of this part are the disputable constitutional delimitation, the transformation of the Public Prosecutor's office after the dissolution of Czechoslovakia, the current structure, its administration and...
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The role of public prosecutor in the preparatory criminal proceedings
Blagodárná, Ivana ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The role of public prosecutor in the preparatory criminal proceedings The thesis on The role of public prosecutor in the preparatory criminal proceedings attempts to comprehensively analyse the role and activities of the public prosecutor in the criminal proceedings. The public prosecutor is the significant subject and also the party in the criminal proceedings. His role in the criminal proceedings is irreplaceable and he is able to fundamentally affect the preparatory criminal proceedings through his activities. It depends on him whether the accused will be bring to court or the case will be already terminated in the preparatory criminal proceedings. The paper is dividend into four chapters. The first chapter outlines the historical development of the public accusation in the Czech lands from the the beginning until the present. As the thesis deals with the role of public prosecutor in the preparatory criminal proceedings, so the second chapter deals with the preparatory criminal proceedings and it describes its aim, kinds, periods and functions. The third chapter deals with the role and the competence of the public prosecution in the Czech legal system. There are defined basic principles and rules of the activities of the individual public prosecutors. The fourth chapter represent the very core of...
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To Be a Lawyer - Theory and Practice of Professional Ethics of Chosen Legal Professions in the Czech Republic
Friedel, Tomáš ; Kysela, Jan (advisor) ; Maršálek, Pavel (referee) ; Večeřa, Miloš (referee)
The dissertation thesis To Be a Lawyer - Theory and Practice of Professional Ethics of Chosen Legal Professions in the Czech Republic aims to strengthen (currently rather weak) discussion about professional ethics in the Czech Republic. The first part introduces elemental terminology of the topic which enables easier understanding of second and third part. The second part is devoted to the presentation of results of researches regarding the analysis of judgements issued by Czech disciplinary authorities on judges', state attorneys' and lawyers' discipline. The last part demonstrates how professional ethics scrutiny operates in a real-life situation. A judicial usage of social media serves as an example of such situation (or more precisely of such scrutiny). Arguments for and against the judicial usage of social media are articulated and based in a weighting of the arguments final decision is taken.
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The role of state prosecutor in preparatory criminal proceedings
Kroftová, Tereza ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This thesis on the topic of The role of the state prosecutor in the preparatory criminal proceedings is trying comprehensively discuss about activities of the state prosecutor in the preparatory criminal proceedings and possibly to point out individual legal shortcomings. The state prosecutor is an important factor and at the same time party of criminal proceedings. The state prosecutor has irreplaceable role in criminal proceedings, because with it is activities affects preparatory criminal proceedings. The role of the state prosecutor in the preliminary criminal proceedings is crucial because it is he, who bears responsibility for its results. The state prosecutor acts in preparatory criminal proceedings as a so-called dominus litis and has against the police very extensive powers. This thesis is divided into five chapters. The first chapter deals with historical development of Public Prosecutor's Office in the Czech lands since its inception into the present. The second chapter is devoted to the Public Prosecutor's Office and consists of several parts. Is dedicated to definition of the state prosecution, its organization and scope. This chapter also contains major actions of state prosecution and the view of German legislation of the Public Prosecutor's Office. In the focus of this thesis there...
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