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Recognition
Košacká, Kristýna ; Konrád, Zdeněk (advisor) ; Dvořák, Marek (referee)
1 Selected aspects of line-up Abstract This diploma thesis introduces line-up as an important and in practice widely used means of evidence. The thesis mainly tries to point out the important problematic and unclear aspects of the legal regulation of line-up and, based on a comparison of our legal regulation with the legal regulation abroad, especially within the United States, to propose a legal regulation de lege ferenda that could contribute to more reliable results of recognition and less interference with the rights of the identified person. The first part of the diploma thesis focuses on the general legal regulation of line-up, with a focus on the line-up performed in natura, especially its nature, phases, principles and different types of line-up. The key part of the thesis analyzes the problematic and unclear aspects of line-up, namely the performance of line-up as a non-repeatable act, the performance of line-up as an urgent act and the obligations of the identified person's in relation to the line- up, with focus on the current legal regulation of these aspects, the opinions of experts and comparison of the current regulation of the given aspects with the legislation in the United States. The final part of this diploma thesis is devoted to possible ways of de lege ferenda legal regulation of...
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Line-up in criminal proceedings
Rešlová, Anna ; Pelc, Vladimír (advisor) ; Galovcová, Ingrid (referee)
Line - up in criminal proceedings Abstract This rigorous thesis deals with the topic of a police line-up in the context of criminal law, which is closely specified in the Section 104, subsection b) of Act No. 141/1961 Coll., On Criminal Procedure (Criminal Procedure Code). This thesis looks at the police line-up from the perspective of the criminal law as well as the investigation perspective, plus it points out several psychological aspects of this procedural act, namely the memory tracks. The goal of this rigorous thesis is to provide critical analysis of the current status of the police line-up from the statutory provisions point of view, as well as from the perspective of the correctness and efficiency of the procedures in place. The aim is to answer the question whether the de lege lata regulation meets the requirements of modern criminal procedural law. The first part of this thesis focuses on the police line-up as a special form of identification, including the issue of memory tracks including its unique features. Further, it covers understanding of the police line-up from the criminal law perspective, meaning it deals with the term "line-up" as such and with the historical development of this procedural act, including summary of several theoretical definitions that are the most often represented in...
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Line-up
Janulková, Kateřina ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
This rigorous thesis analyzes line-up, which introduces a frequent procedural act and one of the basic criminological-tactical methods. The thesis considers line-up as a very important evidence from the perspective of Criminal Procedure Law and criminology. Line-up is also a very specific act because the process of rebuilding takes place in human brain and can not be controlled or verified in any way. All these characteristics increase the requirements for proper preparation and execution of line-up. The rigorous thesis also points out the fact that line-up is an important procedural act even in cases where identification is not achieved or the result of a line-up is not credible, as such result can be used for further investigative procedures. The aim of the thesis is to comprehensively and clearly analyze the issues of line-up and to analyze if the current law regulation corresponds with importance of this procedural act. Further, the aim of the thesis is to analyze the process of line-up and its correctness and effectiveness. Relating to these aims, the thesis points out especially significant problems, imperfections and confusion associated with line-up and focuses on possible ways of their elimination. The first part of the rigorous thesis focuses on general knowledge of line-up, types of...
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Identification by a line-up
Hanušová, Zuzana ; Konrád, Zdeněk (advisor) ; Krupička, Jiří (referee)
The topic of my thesis is a recognition in criminal proceedings. The thesis deals with recognition in terms of crimilonogy and criminal procedure. The recognition is one of the important evidence, which are often based on evidence in criminal proceedings. At first sight it may seem that a recognition is easy procedure in criminal proceedings, but closer examination reveals its complexity. The aim of the thesis is to introduce the recognition as a special way of proving and its specifics, summarization of the knowledge gained by studying textbooks and monographs, articles in journals and some judicial decisions, as well as outlining the selected questions and poiting out possible problems, especially the obligation of the defendant to attend the recognition. The thesis is divided into eight chapters, which are divided to subchapters. Following the introduction, the first chapter defines the concept of recognition, and then focuses on psychological basics of recognition, historical evolution of recognition as an evidence since 1873 and also its grounding in the Code of Criminal Procedure. Second chapter describes the relationship between recognition and other criminal methods, poiting out some of the common features and also its differences. Third chapter defines different types of recognition - with...
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