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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 Warrant
Hrušková, Kateřina ; Říha, Jiří (advisor) ; Šámal, Pavel (referee)
70 Abstract This presented thesis deals with the subject of criminal warrant. Its goal is to analyse the current legal regulation of these provisions covered in Act No. 141/1961 Sb., Criminal Procedure Code, and to propose possible solutions for the individual contested parts, which would contribute to better and more effective application of this regulation in the future. The thesis contains five main chapters, which are further divided into individual subchapters. The first chapter describes the history of the criminal warrant on our territory from its first introduction into our legal system in 1929 to the present. The second chapter presents the criminal warrant in its current form in a broader context of the criminal procedure. It focuses on its relation with certain theoretical terms, which are typically connected to it, such as judicial decision, special type of proceedings, and diversion. The third chapter is dedicated to relations between the criminal warrant and the basic principles of criminal procedure, with the emphasis on those which are resicted or otherwise modified when criminal warrant is applied. Also mentioned is the case law of the European Court of Human Rights and its position on the criminal warrant in light of the right to a fair trial. The fourth chapter is then focused on the...
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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 Order
Novák, Petr ; Jelínek, Jiří (advisor) ; Nett, Alexander (referee) ; Bruna, Eduard (referee)
1 Criminal Order Abstract The topic of this thesis is a criminal order as an institute of criminal procedural law and at the same time as a kind of decision in criminal proceedings. The first part of the thesis states a detailed description of the recent legal regulation of a criminal order, a systematic classification of a criminal order in the Criminal Procedure Code, the relationship between a criminal order and other provisions of Chapter Twenty of the Criminal Procedure Code is analyzed. The first part also describes positive and negative conditions for issuing a criminal order, describes the punishments that can be imposed by a criminal order, the execution of a criminal order, the delivery of a criminal order, the substantive and procedural effects of serving a criminal order. Subsequently, a protest against a criminal order is described as a remedy sui generis and the effects of a filed protest. The first part also describes the legal force and enforceability of a criminal order and a main trial holding after filing a protest by a person entitled within the deadline. Subsequently, attention is paid to the procedural position of the injured party in proceedings for issuing a criminal order, issuing a criminal order in proceedings against legal persons and the legal regulation of a criminal order in...
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Penal order in Czech-Slovak comparison
Štefánik, Ondrej ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
Penal order in Czech-Slovak comparison The presented thesis deals with the Czech and Slovak legal regulation of the institute of penal order as a decision as to the merits of the case in criminal matters, which can be ruled under the prescribed legal conditions in written procedure. Such decision can be ruled only on the basis of information gathered in the file and without the taking of evidence in a proper trial. The work is divided into five main chapters in order to maintain clarity and logical structure. The first chapter deals with general considerations of a penal order as a diversion and a decision in criminal proceedings. The second chapter is devoted to the constitutional law issues of conformity of the criminal order with the right to a fair trial, the right to a public hearing, the principle of the presumption of innocence and the right to defense. The third chapter presents the historical excursion into the development of the legal regulation of the penal order in the Czech Republic, respectively in the former Czechoslovakia. It deals with pre-war, socialist and post-November legislation. The fourth chapter describes and evaluates the current Czech legal regulation of the penal order and the fifth chapter compares it with the Slovak legislation. Both chapters deal with the general...
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Criminal Warrant
Soukupová, Martina ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
This thesis with the title criminal order deals mainly with the analysis of the current legal regulation of criminal order, focusing mainly on its more contradictory parts. At the same time, proposals for changes to the individual points of contention, that the legislation could undergo in the future in order to clarify them, are presented. In addition to the introduction and conclusion, this thesis contains a total of five chapters, which are further divided into individual subchapters. Each chapters then deals with a comprehensive section of the legal regulation of criminal order. The first chapter is dedicated to the historical development of the criminal order on our territory, while its first subchapter is dedicated to the legislation from 1873 to 1993, when the criminal order was re-introduced in the Criminal Procedure Code, already significantly reminding its current form. The second subchapter captures the development of the criminal order from 1993 to the present. The second, and at the same time the most extensive, chapter of this thesis describes the current legislation, specifically in the first subchapter the conditions of issuing a criminal order and in the second subchapter the nature of the criminal order as a diversion and decision in criminal proceedings. The third subchapter...
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Criminal Warrant
Kubíčková, Michaela ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
Criminal warrant represents a decision in criminal matters which is also special manner of criminal procedure. A single judge is empowered to issue a criminal warrant without trying the matter in the main trial if the facts are reliably proved by evidences. It is regulated by the section 314e and following of the Criminal Procedure Code. It diverse from regular criminal proceeding, because it is in fact a way of simplified and written procedure. These characteristics are also the reasons why criminal warrant is criticized by professionals. Such a diversion from regular criminal proceeding is being called as a violation of right to a fair trial by many authors. Considering such institute from the point of view of basic principles of criminal proceeding, including right to fair trial, emerge in each of six chapters of this thesis, while it forms a crucial and final part of this thesis. At the beginning is a criminal warrant introduced as a decision in a criminal matters, a special manner in criminal proceeding and diversion of criminal procedure. In order to understand applicable legal regulation of criminal warrant which is described in chapter three, the second chapter is designated to historical review. In the fourth chapter of this thesis I deal with rights of appeal, including a statement of...
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Criminal order
Fišara, Michal ; Krupička, Jiří (advisor) ; Heranová, Simona (referee)
The submitted diploma thesis is dedicated to criminal order and its main objective is to provide coherent summary of the issue with a focus on recent legal regulation. It addresses arguable elements of legal regulation and suggests possible solutions for the future in individual chapters. The diploma thesis is divided into six chapters. The first one contains Introduction and the sixth one Conclusion of the thesis. The second chapter deals with historical development of the criminal order and is divided into three subchapters. The first subchapter summarizes the legal regulation of the criminal order between 1873 and 1950. The second subchapter covers the return of the criminal order to the Czechoslovak legal order in 1973 and the third one follows changes of the legal regulation in the 1990s. The core of the diploma thesis is found in the fourth chapter which includes the effective legal regulation of the criminal order and incorporates the relevant case law of Czech courts. After a brief opening summary of the legal regulation the attention is paid to three main conditions for delivery of criminal order, punishments to be imposed by criminal order, situations in which criminal order cannot be delivered, the content of criminal order, its nature, legal force and delivery and its associated...
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Penal order
Šelleng, Dalibor ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
Resumé in english The submitted rigorosum thesis deals with problems of penal order as specified in the current legal regulation of § 314e and following, Act No. 141/1961 Sb., Criminal Procedure Code. In general, the penal order represents a legal institute, which is used by bodies responsible for criminal proceedings, mostly by court, to offer, upon their findings, interested parties to solve a criminal case of low seriousness without having public hearings before a court. The proposal is submitted in writing and contains at least a verdict of guilty and sanction verdict. If the interested parties agree with the submitted proposal, expressly or tacitly, the proposal will be legally binding. The penal order may be also considered a type of decision in criminal proceedings, which has its dual nature. At first, it is a procedural offer made to an accused, and i fit is accepted, then the penal order transforms itself into a decision on merits. The thesis is divided into four chapters: In the first chapter the emphasis is put on an introduction of the penal order in a broader context with aim to subscribe its purpose and I try to subsume it under such terms as judicial decision, special type of proceedings and diversion. The second chapter is dedicated to the historical development of legal regulation of the...
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The principle of promptness in the criminal proceedings
Tikal, František ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
RÉSUMÉ IN ENGLISH The topic of this master thesis is the principle of promptness in the criminal proceedings because this question is nowadays the subject-matter of numerous discussions, in which it is spoken about overloaded Czech justice system, about delays in court proceedings and about options, how to relieve the system of Czech criminal justice system. The aim of the submitted thesis is to evaluate critically the current legal institutes helping to make the criminal proceedings faster, mainly the investigation of crimes, and to contemplate its potential extension, without having caused any more significant limitation of the right of the accused to defence. Among other principles, which stay often contrary to the principle of promptness and which the legislators always must bear in mind, are the principle of material truth and the principle of contradiction. The thesis is divided into seven basic chapters. The first chapter is the introduction. The second chapter deals with the meaning of promptness of criminal proceedings for each particular subject of the criminal proceedings, mainly for the accused and the injured party. Third chapter presents the statistic data on the average length of proceedings in the Czech Republic and within the European Union: the average length of criminal proceedings leaded...
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