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This study is focused on the consequences of a final conviction in criminal proceedings on the military service of a professional soldier in comparison with the employment of an employee. To provide a better understanding, a basic description of termination of both relationships is offered prior to examination of the main subject of the paper. Further on, the consequences of a final conviction in criminal proceedings on the military service of a professional soldier and on the employment of an employee are reviewed with a finding of great similarities. First of all, before the very formation of the relationship, a candidate's clean criminal record is a must-have in case of military service and might be a must-have in case of some (specific) employment. Secondly, in case of a conviction and sentence to imprisonment (with no specific length of imprisonment) for an intentional crime, a professional soldier must be dismissed from the military service but an employee may (in regular cases) be dismissed only if they are sentenced to imprisonment for six (or twelve) months for an intentional crime. Finally, the study offers proposals de lege ferenda. One of them is to remove the necessity of giving a convicted soldier an extra two months after the final conviction is delivered by court before soldier's military service is terminated. Another is to dispose of the limitation for the employer consisting of the prohibition of termination of employment with protected employees (pregnant employee, employee on maternity or paternal leave). [ABSTRACT FROM AUTHOR]

The paper discusses the basic principles of criminal procedure as set out in the draft of the new Criminal Procedure Code. The author also presents the work of the recodification commission on these principles. He mentions the problems connected with their expression in the text of the code and their systematic arrangement. Two principles are examined in detail. Concerning the principle of legality, he considers the discretionary powers of the prosecutor and the method of controlling compliance with it. With regard to the principle of substantive truth, he discusses the extent to which this principle is eroded by institutions adopted from other legal systems. [ABSTRACT FROM AUTHOR]

The paper focuses on an overview of the Draft New Code of Criminal Procedure's chapter covering searching for, discovering, and securing information, items, electronic data, and documents important for criminal procedure. It is divided into two main parts. The first is a brief introduction to the new conception in a general manner and strives to provide a comprehensive analysis of its main cornerstones and traits, the second consists of an analysis of the most important novelties in particular areas such as a new regime for securing electronic data, new rules for the search of premises where advocacy is conducted, a determination of ownership of a secured item etc. It also brings a discussion of a few chosen elements, which the authors deem as controversial or important. Where the text of the draft is criticized, possible solutions are also recommended. [ABSTRACT FROM AUTHOR]

Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor's Office ("the EPPO") was published in the Official Journal of the European Union on 31 October 2017. The Czech Republic decided to establish enhanced cooperation in this area and to participate in the project of the European Public Prosecutor's Office. This has caused a need to prepare Czech legal order for the Regulation in question to be applied without any major problems. This paper aims to capture, emphasize and explain at least the basic and most important changes brought about by the adaptation of the Czech legal order. [ABSTRACT FROM AUTHOR]

The paper deals with the legislation of obtaining telecommunication data as an important instrument for investigation of crime and changes that have occurred as a result of finding the existing legislation unconstitutional. The main point is the necessity of transposition of the data retention directive 2006/24/ES which has produced many contradictory reactions and has been the subject of review constitutional courts of several EU Member States. The main conflict is between two values - protection of intimate personal data, on the one hand and the investigation of criminal activity on the other. The paper deals with development of legislation, highlights the amendments and also offers a comparison of issues in the legislation of other EU Member States. The author also tries to infer whether and what influence did amendment § 88a TŘ have on solving of criminality. [ABSTRACT FROM AUTHOR]