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The issue of the concept of criminal custody
Kudláček, Michael ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
- The issue of the concept of criminal custody Man's personal freedom is the basic human right, however at the same time it is possible to restrict it in a democratic society under certain conditions defined beforehand. This thesis deals with the most serious personal freedom trial restriction - the institute of custody. Custody consists in a temporary personal freedom restriction of the defendant in a closed facility based upon a court decision. Custody is an utmost means and it shall be used only if its purpose cannot be reached by other measures. Custody is not a means of pressure on the defendant and it is unacceptable to misuse it; it si not a sanction measure either. Custody law is arranged particularly in the Penal Procedure Code, which sets the basic principles and conditions under which the defendant can be limited on their personal freedom with this procedure means. The basic suppositions for taking the defendant into custody are a reasonable concern that they will escape or hide, further that they will thwart clarifying facts crucial for the criminal prosecution, and finally that they will repeat their criminal activity. These three reasons for custody are also indicated as getaway, collusion and surpass custodies. This personal freedom restriction may last only for a certain time,...
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Sub-security interest
Kratochvílová, Karolína ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The purpose of this thesis is to present sublien as a form of security. The sublien is a special kind of proprietary security interests, which arises by pledging a receivable secured by a lien. Accessoriness and subsidiarity are the main characteristics of sublien which significantly affect all its aspects including the two main functions of sublien - security function and realization function. The focus of the thesis is on presenting sublien in regard to its close relation to a lien and to a lien on receivables. The thesis presents sublien in its complexity including the application of appropriate section regarding the lien. Above that the thesis formulates some of the crucial questions that have risen with the recent changes in the Czech civil law. The thesis consists of three chapters. Chapter One deals with lien in general and focuses on its characteristics and principles as well as on the establishment, realization and extinction of lien. Furthermore, there are presented the subjects of a lien and their rights and duties. Chapter Two deals with lien on receivables, concerning the special modifications and differences in comparison to lien in general. Chapter Three is of main significance, since it concerns the problem of sublien itself. Successively, there are presented the issues of the classification...
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The Issue of the Concept of Criminal Custody
Šimek, Václav ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
- The Issue of the Concept of Criminal Custody This diploma thesis deals with the instrument of criminal custody as a security instrument. This instrument is considered as quite controversial in view of the fact that it's usage means the conflict between the interest of the investigating authority to accomplish the purpose of prosecution and person's right to personal freedom guaranteed by the Charter of fundamental rights and freedoms while the accused has to be treated as innocent according to the principle of presumption of innocence. The goal of this diploma thesis is to provide a comprehensive overview of the current legislation of the instrument of custody and also of the problems connected with custody. The thesis is divided into seven chapters including the introduction and the ending chapter. The second chapter deals with the development of the custody legislation in history and major part of the chapter is focused on the Act's of criminal procedure from years 1873, 1950 and 1961. The third and the fourth chapter pay attention to the current legislation which is included in the Act of criminal procedure no. 141/1961 Coll. The third chapter extensively describes the meaning of the term of custody, custody reasons and the alternative instruments which the custody may be substituted with. The...
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Custodial Assurance of The Accused Person
MAŘÍKOVÁ, Miroslava
The diploma thesis is focused on the custodial assurance of the accused person. The institute of the custody is seen as a freedom restriction and the person's personal freedom and also it is seen as one of the kinds of ensuring measures. The core is to keep the conditions set by the law and basic principles of the criminal proceedings to not to allow over-use or abuse of the custody. The aim of the diploma thesis is the analysis of the custodial assurance legal frame, custody basic characteristics, its reasons, measures to substitute custody and to map the or of the social worker in this field. It is overall summary of legal adjustments concerning the custody. The thesis is divided into twelve chapters. The first chapter is dedicated to the person assurance itself before the custody procedure and the second chapter includes custody basic characteristics and its legal anchor. The third chapter deals with custodial conditions, reasons and its duration. The fourth one concerns the custody length and other legal terms. The fifth chapter is focused on the decision about custody in proceedings before the court and in the legal proceedings and that in the frame of the authorities by particular organs. The sixth chapter concerns the custody itself, including the place and personal section. There are defined the measures which can be used to substitute the custody in the seventh chapter. There is analysis of the link in the case of youth offenders and there are also stated the main differences from adult accused ones in the eighth chapter. The ninth and tenth chapter mention psycho-social impact of the custody, social work with people in the custody proceedings and the role of the social worker in this field. The last chapter is in short focused on the comparison of the custody and the punishment. The diploma thesis comes out primarily from the judicature, legal regulations - in particular from the Law nr. 141/1961, about the criminal proceedings of justice (legal code), literature with comments, professional articles and internet sources.
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The issue of the concept of criminal custody
Jiroušková, Pavla ; Bohuslav, Lukáš (advisor) ; Gřivna, Tomáš (referee)
The issue of the concept of criminal custody The diploma thesis covers the issue of the custody what is recently very relevant and also interesting. Being placed in custody restricts the right of freedom what is one of the fundamental human rights and freedoms. Accused people are suspected of committing a criminal offence but until proven otherwise they must be treated as innocent. There is a conflict of interests of the law enforcement bodies who want to secure the criminal proceedings to reach their object and of the accused person who is innocent and his right of freedom is guaranteed by the Constitutional Law and international treaties. It is essential to ensure the protection of the right of freedom as much as possible. The restrictions are accepted only when necessary. Legislation should offer another solutions what can be used instead of criminal custody and would be less stringent. My diploma thesis is divided into six chapters. First chapter deals with the history of the criminal custody. The biggest changes of criminal custody are captured in historical course beginning in the interwar period until the present day. In the second part of the diploma thesis there is a short explanation what does the term criminal custody means. It also includes the principles what are binding for law...
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The issue of the concept of criminal custody
Špryňar, Michal ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
1 Abstract: The issue of the concept of criminal custody The subject matter of this diploma thesis is "The issue of the concept of criminal custody". Custody being an institute of the procedure criminal law is a very problematic securing instrument that limits rights of a convicted person. Custody is often the subject of disputes which is reflected on the case decisions of the Constitutional Court of the Czech Republic and on the decisions of international courts. The diploma thesis is divided in five chapters. Starting with a short introduction into the issues of custody, in the first chapter we describe its historical development in the Czech Republic and we concentrate mainly on statutory and amendatory acts after year 1989. The second chapter discusses the term and idea of custody, its purpose, main features and custody principles. The third chapter focuses on substantive enactment of custody, specifically on conditions for custody and their definitions. This chapter also includes examples of judicature of the Supreme Court of the Czech Republic. Custody substitutions are also treated in this chapter as well this chapter include the new preliminary precautions. The forth chapter discusses formal legal custody right and explains the way the substantive custody rights, explained in the previous chapter,...
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Sub-security interest
Kratochvílová, Karolína ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The purpose of this thesis is to present sublien as a form of security. The sublien is a special kind of proprietary security interests, which arises by pledging a receivable secured by a lien. Accessoriness and subsidiarity are the main characteristics of sublien which significantly affect all its aspects including the two main functions of sublien - security function and realization function. The focus of the thesis is on presenting sublien in regard to its close relation to a lien and to a lien on receivables. The thesis presents sublien in its complexity including the application of appropriate section regarding the lien. Above that the thesis formulates some of the crucial questions that have risen with the recent changes in the Czech civil law. The thesis consists of three chapters. Chapter One deals with lien in general and focuses on its characteristics and principles as well as on the establishment, realization and extinction of lien. Furthermore, there are presented the subjects of a lien and their rights and duties. Chapter Two deals with lien on receivables, concerning the special modifications and differences in comparison to lien in general. Chapter Three is of main significance, since it concerns the problem of sublien itself. Successively, there are presented the issues of the classification...
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The issue of the concept of criminal custody
Kudláček, Michael ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
- The issue of the concept of criminal custody Man's personal freedom is the basic human right, however at the same time it is possible to restrict it in a democratic society under certain conditions defined beforehand. This thesis deals with the most serious personal freedom trial restriction - the institute of custody. Custody consists in a temporary personal freedom restriction of the defendant in a closed facility based upon a court decision. Custody is an utmost means and it shall be used only if its purpose cannot be reached by other measures. Custody is not a means of pressure on the defendant and it is unacceptable to misuse it; it si not a sanction measure either. Custody law is arranged particularly in the Penal Procedure Code, which sets the basic principles and conditions under which the defendant can be limited on their personal freedom with this procedure means. The basic suppositions for taking the defendant into custody are a reasonable concern that they will escape or hide, further that they will thwart clarifying facts crucial for the criminal prosecution, and finally that they will repeat their criminal activity. These three reasons for custody are also indicated as getaway, collusion and surpass custodies. This personal freedom restriction may last only for a certain time,...
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The Issue of the Concept of Criminal Custody
Šimek, Václav ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
- The Issue of the Concept of Criminal Custody This diploma thesis deals with the instrument of criminal custody as a security instrument. This instrument is considered as quite controversial in view of the fact that it's usage means the conflict between the interest of the investigating authority to accomplish the purpose of prosecution and person's right to personal freedom guaranteed by the Charter of fundamental rights and freedoms while the accused has to be treated as innocent according to the principle of presumption of innocence. The goal of this diploma thesis is to provide a comprehensive overview of the current legislation of the instrument of custody and also of the problems connected with custody. The thesis is divided into seven chapters including the introduction and the ending chapter. The second chapter deals with the development of the custody legislation in history and major part of the chapter is focused on the Act's of criminal procedure from years 1873, 1950 and 1961. The third and the fourth chapter pay attention to the current legislation which is included in the Act of criminal procedure no. 141/1961 Coll. The third chapter extensively describes the meaning of the term of custody, custody reasons and the alternative instruments which the custody may be substituted with. The...
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Debt Security and Recovery from Business Relations
Geržová, Pavla ; Žák, Květoslav (advisor) ; Bartoň, Pavel (referee)
The thesis deals with the debt security and recovery from business relations. The main purpose was to explain the issue of debts, to compare classic judicial proceedings with arbitration and to analyse particular legal cases of the company XY in terms of security and recovery. The result is the evaluation of company's legal steps and efficiency of used security instruments, the summary of advantages and disadvantages of the arbitration and the overview of the most frequent practical problems with potential solution proposal.
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