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Interrogation as evidence in criminal proceedings
Václavková, Michaela ; Musil, Jan (advisor) ; Beranová, Andrea (referee)
This thesis deals with interrogation as the most commonly and widely used means of evidence. The thesis focuses on the so-called questionable methods of verification of testimony, which is a controversial issue on which there are different opinions. The aim of this thesis is to describe and analyse selected methods which can lead to the verification of testimony, but the opinion on their use is still not clear. The thesis focuses on the issue of the use of these methods and the evaluation of the possibility of their use in criminal proceedings. The thesis is divided into two main parts. The first is the theoretical part, which is further divided into two large chapters. The first chapter is devoted to interrogation in general, defines this term and describes its preparation, course and documentation. It also outlines the different types of interviews, including the specific requirements for interviewing children. Finally, this chapter also covers the credibility of testimony. The second chapter focuses on questionable and inadmissible methods of verifying the truthfulness of testimony and describes and discusses suggestive and captious questions, physiodetectional examination, investigative hypnosis, and truth serum. The second part of the thesis is the practical part, which includes two...
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The Specifics of Children Interrogation
Folprechtová, Kateřina ; Šelleng, Dalibor (advisor) ; Dvořák, Marek (referee)
in English, Title and Keywords The Specifics of Children Interrogation Children, meaning people under 18 years of age, appear in criminal procedures rather often and have various process statuses. Therefore, they can get into a situation in which they have to be interrogated. In these cases, they need a different approach than adults. Moreover, they also deserve an extra level of protection. Legislation has taken this into account by specifying how children should be treated during criminal procedures, interrogation included, in numerous details. Amongst these legal provisions, one can find for example the legal provision about necessary protection of minors, about the presence of certain other people during interrogation or the provision regulating the possibility of interrogating children before the prosecution officially begins. Both the Constitutional Court of the Czech Republic and also the European Court of Human Rights have commented on the possibilities of interrogating children before the prosecution start and then using such obtained protocols, especially on the aspect of preserving the rights of defense. Both have declared that such obtained evidence can be used in criminal proceedings despite the fact that the right to a fair trial has been violated, because there are either other...
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Peculiarities of child interrogation
Bažantová, Michaela ; Krupička, Jiří (advisor) ; Dvořák, Marek (referee)
1 Summary This thesis focuses on the description of specific elements occurring during the interrogation of children. The interrogation of children differs from the interrogation of adults and has its own rules due to the incomplete development of children and their psychological specifics. The entire thesis is divided into four chapters, which are further subdivided into individual subsections. The information used in this thesis were drawn from specialized literature, specialized articles, case law and legal regulations, various internet sources and finally also from materials provided by the Police of the Czech Republic and personal experiences of the Police Inspector. The aim of this work is a general summary of the available knowledge on the topic of the peculiarities of children interrogation and at the end of this work, there is an attempt to find and describe the theoretical knowledge discussed in the thesis in the ongoing practice of child interrogation from the provided protocols. The introductory chapter of the thesis is devoted to the explanation of the basic concepts that are key to the thesis. These concepts include the multidimensional concept of interrogation, which is described as it is viewed by various scientific disciplines, and the concept of a child in the Czech legal system, the...
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Interrogation tactics
Trousilová, Marie ; Krupička, Jiří (advisor) ; Šelleng, Dalibor (referee)
Interrogation tactics Abstract The diploma thesis processes the topic of interrogation and tactics of its performance from the perspective of criminal law, criminology, and forensic psychology. The emphasis mainly lays on the first two perspectives. On the contrary, the psychology of interrogation is elaborated only in the extent of institutes and information, which are worked with in subsequent parts of the thesis, and which therefore had to be stated in general. The aim of the diploma thesis is to show the tactical procedures of interrogation in the account of legal norms, criminalistic and psychological recommendations. At the same time, emphasis lays on the comparison of Czech legislation with the French one with a focus on the regulation of interrogation tactics. The processed information was drawn from Czech and foreign monographs, expert essays, commentaries on specified laws, as well as French and internal case-law. The thesis is enriched of practical examples provided by the interrogator of the National Drug Headquarters and illustrative examples from records of interrogation. The method of analysis, explanation and comparison were used in the processing of sources. The thesis includes an introduction, four parts and a conclusion. The individual parts are further divided into chapters and two...
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Interrogation in Criminal Proceedings
Jurová, Zuzana ; Šelleng, Dalibor (advisor) ; Pelc, Vladimír (referee)
Interrogation in Criminal Proceedings Abstract This thesis focuses on interrogation in criminal proceedings, as it is one of the most often used procedures in investigation of crimes. The first chapter addresses interrogation in the context of the current legislation, i.e. how is this procedure regulated at the statutory level. In relation to the person against whom the proceedings are being conducted, it deals with the right to a formal defence, and then with the right to a material defence and its various aspects. In relation to the witness, the thesis addresses the right of the witness to be represented, the right to refuse to testify and the specifics of interrogation of certain witnesses, including a confidential witness. The second chapter addresses interrogation as a discipline of forensic science, describing how the actual interrogation is conducted in all its phases, i.e. the phase of preparation, the actual interrogation and the subsequent documentation of the interrogation. The author has not forgotten to address the specifics of conducting interrogation by means of videoconference, including quantitative research on the frequency of its use by selected courts in the Czech Republic, as well as qualitative research in the form of individual interviews with attorneys practicing criminal law on the...
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"Decided otherwise..." The behavior of Czechoslovak paratroopers arrested in the territory of Ptotectorate 1941- 1943
Stegurová, Karolína ; Čechurová, Jana (advisor) ; Plachý, Jiří (referee)
This thesis is focused on fate of Czechoslovak paratroopers who were arrested by Nazi forces after being dropped into the territory of the Protectorate of Bohemia and Moravia. In several cases paratroopers turned themselves in to the police authorities voluntarily. The goal of this thesis is the analysis of paratroopers' behavior during the interrogations with focus on the information about the resistance and other paratrooper actions they gave to the Nazis. If the paratrooper was persuaded to collaborate with the Gestapo the thesis analyzes the collaborative activity and its results. Keywords Paratrooper, resistance, agent, collaboration with Gestapo, military training, interrogation, Protectorate of Bohemia and Moravia, Heydrichiade, SOE, Gestapo
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Specificity of interrogation of children
Bílková, Darina ; Čírtková, Ludmila (advisor) ; Konrád, Zdeněk (referee)
This diploma thesis deals with specificity in interrogation of children during the legal proceedings. This topic is not interesting just from the legal and criminalistic point of view, but also from the view of investigative practice. The aim of this work is to map in detail situation that deals with repeated examination of children under the age of fifteen in position of victim or witness. I mainly focused on child victim of sexual abuse, because child is the most vulnerable and it is essential to conduct the examination as sensitively as possible. However, the person who conducts the examination needs to get necessary information, because during these criminal acts child is often the only one who can provide testimony. The first chapter deals with legislation of children as witnesses. In the first part of the chapter I define the term child according to various legal sources. Secondly I deal with the legal point of view dealing with the topic of interrogation of child as a witness which is according to the Criminal Procedure Code. I evaluate it, suggest and justify possible modifications. The second chapter deals with issues related to the topic of interrogation of children mainly from the criminalistic and psychological point of view. I also describe development of children's psyche and its differences...
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