|
|
Appeals in criminal proceedings
Staněk, David ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
APPELS IN CRIMINAL PROCEEDINGS ABSTRACT The goal of this Diploma thesis is to analyse the legal regulation of appeals in criminal proceedings and the issue of this regular remedial measure in general. Author's goal is to present readers with the historical genesis of the institution of appeal since early feudalism until the adoption of current Criminal Procedure Code, considering the most important amendments of this law, and to put the intrastate legal regulation into the context of international law and embedment of the right of appeal in criminal proceedings in international treatises. The author also aims to explain appeal as regular remedial measure together with other remedial measures in Criminal Procedure Code and to introduce basic and specific principles, that impact the legal regulation. In the main chapter the recent regulation of appeals in Criminal Procedure Code is critically analysed. The author further deals with the admissibility and effects of the appeal, by all parties that are legitimate to appeal, the time limit, place and means of filling it, while listing practical examples of abnegation of the right to appeal to a higher court and withdrawal of the appeal, content requirements and possible problems in practice, the operation of the court of first instance after appealing, and also...
|
|
|
Cooperating defendant
Musilová, Nikola ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This diploma thesis deals with the institute of Cooperating defendant. In particular, it focuses on its relation to the basic principles governing the Czech criminal proceedings, as well as selected aspects of its legal regulations. The institute of cooperating defendant has been in legal force since January 2010. Its legal regulation may be found in the legal provision 178a of the Code of Criminal Procedure. The Criminal Code contains substantive legal provisions defining the consequences related to the attainment of the cooperating defendant designation. Such consequences especially include the exceptional reduction of the length of imprisonment or even complete waiver of any sort of punishment. The institute is typically used as a tool to fight organized crime. The institute has its roots in the common law legal system from which a lot of European countries have been importing many other legal institutes, especially in the last three decades, to speed up criminal proccedings, help solve the lack of evidence and fight against organized crime which poses a threat to the society as well as the democratic state. The import of legal institutes that are otherwise typical for the common law system, however, poses many obstacles, especially because the criminal proceedings of the continental legal...
|
|
|
Odhad disparit v zacházení s cizizími statními příslušníky v trestním procesu v České Republice
Vávra, Jan ; Dušek, Libor (advisor) ; Kovanda, Lukáš (referee)
This thesis examines the effect of foreign nationality on the outcomes of criminal process in the Czech Republic. Foreign citizens are overrepresented by 2% compared to their share in population in all stages of the criminal process, suggesting possible discrimination by domestic authorities. Using rich case level datasets from 2005 to 2015 observed gaps are decomposed to part explained by a difference in the objective characteristics of the cases and unexplained part, suggesting possible inequality of treatment. Foreigner gaps in probability of charge, probability of conviction, probability of imprisonment, length of the sentence and probability of release from prison on parole are decomposed. Majority of observed disparities in the outcomes can be attributed to higher involvement of foreigners in more serious crimes compared to nationals. Unexplained disparities remain in probability of imprisonment and probability of release on parole, suggesting possible unequal treatment in these two outcomes.
|
guest ::
