National Repository of Grey Literature 16 records found  1 - 10next  jump to record: Search took 0.00 seconds. 
Constitucional limits of personal freedom
Fišerová, Veronika ; Antoš, Marek (advisor) ; Kindlová, Miluše (referee)
Constitutional limits of personal freedom Abstract The Master's thesis deals with the extensive theme of restriction or deprivation of the personal freedom. The aim of this thesis is not to analyse the reasons for deprivation of personal freedom in detail, but to look at personal freedom as a whole. In the Charter of Fundamental Rights and Freedoms (the Charter), personal freedom is the highest-ranked right to be most often interfered with by the state. Any restriction of personal freedom must meet a number of conditions resulting from legislation, international treaties and the supreme courts' decisions. The main goal of this thesis is to evaluate the frequency and intensity of the deprivation of personal freedom in the Czech Republic. In this thesis I pose the question whether all these limits of permissible deprivation of personal freedom are respected in practice or not. In this thesis I do not deal with the term of imprisonment but I focus on the reasons of deprivation of personal freedom expressly enumerated in the Charter. The first chapter deals with a brief definition of the concept of personal freedom, its incorporation in our legal order and its implementation in international treaties. In the following section, I present the conditions of permissible deprivation of personal freedom resulting...
Institute of Pre-trial Detention in Criminal Proceedings
ZELENKOVÁ, Nikola
This bachelor thesis deals with the restriction of personal liberty of an accused person during the prosecution through the custody institute in the context of fundamental human rights and freedoms guaranteed by the rule of law including the international treaties to which the Czech Republic is bound. The thesis is divided into four chapters. The legal analysis of restriction of personal liberty through restraint or arrest that precedes the custody is followed by so-called material custodial law, specifically the custody institute focusing on the grounds for detention. The next chapter covers formal custodial law dealing with procedural aspects of the detention of an individual within the detention session, the detention order and the limits for accepting legal compensations for the detention by other measures. The last chapter deals with the detention in terms of rights and duties of an accused person in a detention including possible social-psychological aspects.
The issue of the concept of criminal custody
Šperlíková, Petra ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
1 Abstract The issues of criminal custody This thesis deals with theoritical issues of criminal custody, which is the gravest possible criminal procedural measure of law enforcement authorities whose purpose is to ensure a person during criminal proceedings. In the opening chapters of this thesis are outlined not only the issues of the very concept of criminal custody and relevant legislation, but also the basic principles and tenets, controlling criminal cases in which the defendant was remanded in custody, as well as the enshrinement of the right to personal freedom and security and the possibility of its limitations, both at the level of the Czech legal regulation of constitutional character, as well as from the perspective of international human rights standards. The thesis is also focused on the issue of the substantive detention law, therefore the legislation of the reasons for custody and conditions of detention, as well as the issue of the procedural detention law, therefore the legislation of procedural aspects of decisions on custody in criminal proceedings in the wider concept. Another discussed subject matter is a part of alternative measures to detention in the form of custody, the possibilities of their application and the methods of making decesion on these measures, including the legislation...
The proportionality principle and the deprivation of liberty of a foreigner in administrative law
Holubkovová, Hana ; Kryska, David (advisor) ; Pítrová, Lenka (referee)
The proportionality principle and the deprivation of liberty of a foreigner in administrative law This thesis concerns the proportionality of the deprivation of liberty of the foreigner in Czech Republic. It only covers those types of deprivation of liberty that are specifically applied on foreigners and that are covered by the administrative law. In the first chapter this thesis defines legal concepts of a personal freedom and a proportionality principle. The second chapter covers the level of the international law, namely the article 5 of the European Convention of Human Rights, define legal conditions that a deprivation of liberty must meet and offers a relevant judicature of the European Court of Human Rights. The third chapter covers a deprivation of liberty from a view of the Return Directive (No. 2008/115/EC), the Reception Conditions Directive (No. 2013/33/EU) and the Dublin Regulation (No. 604/2013) and offers judicature of the Court of Justice of the European Union. The fourth chapter comprehends the Czech law and covers three acts, that enable a deprivation of liberty of a foreigner - the Act on the Police of the Czech Republic No. 273/2008 Coll., the Asylum Act No. 325/1999 Coll. and the on the Residence of the Foreign Nationals in the Czech Republic No. 326/1999 Coll. This chapter also...
The issue of the concept of criminal custody
Beňák, Ondrej ; Hořák, Jaromír (advisor) ; Bohuslav, Lukáš (referee)
The thesis deals with the issues of pre-trial detention in the criminal procedure of the Czech Republic. It comprises and compares opinions voiced by various scholars, high courts and myself. The thesis also includes a section about the rules of pre-trial detention in the American federal criminal procedure and compares it with the Czech system. The first part of the thesis is the Introduction, in which the goals of the thesis are set out. The second part is the main part of the thesis and it is divided into five chapters. The first chapter consists of a general description of pre-trial detention in the Czech Republic and the principles that govern it. The second part is called Formal Rules of Pre-Trial Detention, and it deals with the issues of competence, court procedure and decision-making. The third chapter is where the focus point of the thesis lies, as it investigates the conditions of ordering a pre-trial detention of a person and adresses the numerous problems that arise in this area. The fourth chapter describes the conditions for pre-trial release of an accused person, including the legislative changes recetly made in this area. The fifth chapter explores the American federal criminal procedure and compares it with the Czech criminal procedure. It also includes American scholars'...
Detention proceedings
Andělová, Kateřina ; Smolík, Petr (referee) ; Pohl, Tomáš (referee)
The detention proceedings constitutes a heavy intervention into the individual's right to personal freedom guaranteed by the Czech Constitution in a way of involuntary stay in hospital. The basis of present legal regulations of detention proceedings is necessary to see especially in the Czech Declaration of Human Rights And Freedoms (article 8, clause 6) that continues European Convention on Human Rights (article 5, clause 1e) specifying that (only) law constitutes, in which events individual may be kept in a hospital without his acceptance.
Administrative Detention of Foreigners
Zelenková, Adéla ; Vopálka, Vladimír (advisor) ; Pomahač, Richard (referee)
of the thesis This thesis deals with the institute of administrative detention according to the Czech legal system. The term administrative detention is used to designate deprivations of liberty under administrative law for the reasons that are directly linked to the immigration policies of the state. In the context of migration law the detention may be basically used for two purposes. First purpose is to ensure the realization of administrative deportation of the foreigner. Second purpose is to prevent the foreigner from an unauthorized entry into the country. Both irregular migrants and asylum seekers fall under the scope of this work. Although different norms are applicable to each of these categories, both of them are subject to detention on the same ground - the lack of state authorization for their presence on national territory. The purpose of this paper is to detail the legal framework with which deprivation of liberty of migrants must comply in particular for what concerns the fundamental principle of international law that no one should be subjected to arbitrary detention. International human rights norms, principles and standards define the content of that principle. Such norms, principles and standards apply both to criminal and administrative proceedings including migrants and asylum...
The Securitization of Terrorism: The Evolution of Debate on Detention Measures in the United Kingdom and in Spain
Vrubel, Jan ; Weiss, Tomáš (advisor) ; Šlosarčík, Ivo (referee)
The thesis deals with the theme of counter-terrorism legislation in two West European countries, namely in the United Kingdom and in Spain. Specifically I focus on the topic of detention measures (particularly on the specifics of the means of detention of suspects of terrorism) and on the attempts of their toughening in both of the states named above. On the present issue I apply the theory of securitization, through which I examine the debate on toughening the detention measures, which occurred in both of these countries. The text of the thesis comprises of two long historical chapters and a comparative final one. The first two chapters deal with the complicated development of terrorist threats and counter-terrorist reaction with a special focus on detention measures. The main goal is to introduce the extensive matter of counter-terrorist legislation and to integrate the principal topic in a broader context. The final chapter consists of several shorter parts, which allow the comparison of distinct attitudes of both states. After 9/11 both the United Kingdom and Spain chose different strategies how to deal with the threat of terrorism legislatively and how to toughen the measures examined. The main research question is how the securitization of terrorism in the United Kingdom and in Spain differed...
Forecast of the size and structure of the prison population in the CR
Koňařík, Martin ; Burcin, Boris (advisor) ; Kučera, Tomáš (referee)
Forecast of the size and structure of the prison population in the CR Abstract: Forecasting of prison population in the Czech Republic is almost an unexplored topic. To the whole prison system as a topic is also devoted little space in the literature. The most advanced methods of forecasting of prison populations cannot be used to the Czech data, which are used in countries with a long tradition of it. The data are not connected between Ministry of Justice and the Ministry of Interior, and also differ in their definitions. It is therefore necessary to use a simplified method, which correspond to the data sources. The process is also interfered with unexpected external factors such as the amnesty of the President of the Republic on the 1 January 2013. Models for convicted expected forecast decline in their number by the end of 2013 to 12 to 19 thousands. Models further assume that a decline in 2013 would take place, even if there were no amnesty. Models for the accused assume their fluctuation around the same values. Follow-up calculations show that the state would save significantly by the projection models variants and also the burden on prison officers in correctional facilities would be reduced to 2.1 to 3.2 prisoners per guard from the current 3.5 prisoners per guard. Keywords: prison projection,...
Detention and its role in international migration of foreigners in the Czech Republic
Kubát, Jan ; Drbohlav, Dušan (advisor) ; Janská, Eva (referee)
Detention and its role in international migration of foreigners in the Czech Republic Aims of thesis are evaluation of detention, its influence and role in migration processes of foreigners in Czech Republic, as a restrictive action against irregular migration which is applied within common homecoming politics of EU countries, followed by analysis of conditions and informal structures which are related to irregular migration issues in Czech Republic. Individual aims are accomplished in two steps. At first is discussed present knowledge of detention, its part in migration processes, and theoretical definition of irregular migration's and detention's issues. In theoretical section of diploma project is considered mainly the detention's function in migration process from the point of view of migration concepts, negative impact of irregular migration, smuggling and trafficking, client system, EU migration politics' approach to irregular migration, migration politics' restrictive instrument and measures leading to criminalization, securitization and extraterritoriality of irregular migration, law regulation of detention and its application within detention facilities in Czech republic. The second step comprises survey aiming on detention's function and influence in migration processes of 42 foreigners...

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