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Presumption of Innocence: Possible Limitation and Obstacles to Fulfillment Abstract The presumption of innocence is one of the oldest legal principles, a guarantee of an objective approach to the accused in criminal proceedings and a human right. This thesis deals with the concept, content and history of the presumption of innocence and its embodiment in law and nature, not only from a legal point of view. The author comes to the conclusion that the presumption is not of absolute nature and it is possible to limit it in order to preserve other values. The main topic of the thesis is the issue of the possibility of limiting the presumption of innocence. Based on the analysis of ECtHR and Constitutional Court jurisprudence and opinions of experts, the author comes to the conclusion that the presumption of innocence can, under certain conditions, be limited in a permitted manner firstly by placing the burden of proof on the accused, secondly as a result of the statutory regulation of proceedings on extraordinary remedies filed in favor of a deceased convict and thirdly as a result of the accused pleaing guilty. On the contrary, in the case of pretrial detention, the author came to the conclusion that the imposition of pretrial detention is not a limitation of the presumption of innocence. However, the...

Criminal proceedings against legal entities Abstract Criminal lability of legal entities and criminal proceedings against them are still relatively new concepts to the Czech law and their interpretation and application causes numerous issues. Questions and debates are caused both by the wording of the Act No. 418/2011 Coll., on Criminal Liability of Legal Entities and Proceedings Against Them, as well as the extent and manner of application of the general legislation, i.e., in the procedural matters the Act No. 141/1961 Coll., on the Criminal Proceedings (the Code of Criminal Procedure). The aim of this thesis is to analyze legislature regarding the procedural part of criminal proceedings against legal entities lex lata, assess the rationality and quality of solutions adapted, point out some of the interpretation issues and eventually propose possible solutions lex ferenda. The thesis is divided into two main parts - general part and specifics of criminal proceedings against legal entities (special part). In the first part, the author introduces basic legal and jurisprudential frame regarding the problematics of legal entities, criminal proceedings, and criminal proceedings against legal entities. In the second part, which is the merit of this work, he then focuses on specific institutes and procedures...

Preliminary Proceedings Abstract in English The diploma thesis deals with the topic of Summary Preliminary Proceedings, which is one of the most important institutes in terms of accelerate the criminal proceedings. It is one of the three forms of preliminary proceedings, the essence of which is to enable simplification of the process for the least serious crime, so that the perpetrator of such a crime can be convicted and punished as quickly as possible. This is not only in order to make the proceedings more efficient in economic terms, but also to ensure that it has the greatest possible impact in terms of individual and general prevention. The aim of this thesis is not to discuss the above mentioned institute only in isolation, but also in its broader context. It therefore presents its characteristics, historical context, the problems associated with the proceedings, including a solution proposal, as well as a more detailed analysis of the planned modification. In addition, the thesis also presents the subsequent special Proceedings before a Single Judge, which, together with the Summary Preliminary Proceedings, form a kind of accelerated form of the entire criminal proceedings. The thesis is also structured in this respect. It consists of four chapters, firstly presenting the preliminary stage of...

Appeal Abstract This Master's thesis introduces the Czech legal regulation of the institute of appeal in criminal proceedings. First of all, it focuses on the subjective and objective conditions of appeal and analyses the course of proceedings before the court of appeal. The main aim of this work is to present the concept of the current legal regulation and thus provide the reader a basic and comprehensive concept of this remedy. This thesis offers a view of the individual points of the current regulation of the institution of appeal through the eyes of experts in the field of criminal law and at the same time presents my own views. The thesis also briefly discusses and evaluates the forthcoming changes to the appeal procedure that are contemplated by the government's draft to recodify the Code of Criminal Procedure, which was presented to the public in the autumn of 2022. Chapter one is a brief excursus into the system and nature of legal remedies, which provides an important introduction to the subject of appeal and an understanding of the institution itself. This is followed by a chapter dealing with the basic and specific principles that substantially affect the appeal process that is built upon them. Knowledge of the various principles and their application in the appeal process is essential for...

1 Abstract This diploma thesis is focused on "Constitutional limits of criminal proceedings" as the essential cornerstones of criminal process. The main point of this topic is the right to a fair trial. The institutional guarantee of its preservation and enforcement is held by the European Court of Human Rights and its jurisprudence. The thesis is devided into three main chapters, which contains more subvisions. The first part is dedicated to the basic characteristics of constitutional limits of criminal proceedings, especially from the point of view their sources and institutional background. The second section deals with the partial aspects of the right to a fair trial. This section is the most comprehensive because of subsumption of the particular components falling under the concept of a fair trial. The third chapter concerns the perspectives of constitutional limits of criminal proceedings in particular from the perspective of criminal procedural law recodification in the Czech Republic. In accordance to an eventual form of the new Criminal Procedure Act. The primary aim of this thesis is consisting in submission and exploration of detailed schema of the right to a fair trial with regard to the mutual coherences between its individual elements. There is also a reflection of selected peculiarities and...

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...

The Role of the Public Prosecutor in Criminal Proceedings The diploma thesis deals with the role of the public prosecutor in criminal proceedings. The public prosecutor has an irreplaceable role in criminal proceedings, and he has statutory powers in all stages of criminal proceedings. The aim of this thesis is to provide an overview of the activities of the public prosecutor in criminal proceedings and to make an analysis of two selected areas. This thesis consists of five parts, which are further divided into chapters. The first part deals with the historical development of public prosecution in our territory between 1918 and 1993. It provides a brief overview of the fundamental change that public prosecution has undergone in this period. The second part is dedicated to the general characteristics of the Public Prosecutor's Office. The first chapter focuses on the constitutional definition of the Public Prosecutor's Office. The next chapter deals with the description of the Public Prosecutor's Office and the method of filling the position of the public prosecutor, part of the chapter describes the issue of supervision within the Public Prosecutor's Office. The last chapter provides an overview of the public prosecutor's powers outside the area of criminal proceedings. The third part focuses on...

The topic of this dissertation is the originally Anglo-Saxon criminal process concept of plea bargaining, which has become a phenomenon within a number of civil law countries in recent decades. This alternative method of resolving criminal cases consists simply in the pos- sibility of an agreement being reached between the prosecutor and the accused, provided that the accused, under certain conditions, admits to having committed the offence and agrees with the proposed punishment. A look at the foreign as well as domestic legal literature reveals that plea bargaining is controversial to say the least. Proponents argue that it accelerates and simplifies criminal pro- ceedings, while opponents point to its flagrant inconsistency with the fundamental principles of continental criminal proceedings. The author of this dissertation examines agreements in criminal proceedings in gen- eral, focusing on their origin, historical development and various forms around the world. A special part of this dissertation is devoted to plea bargaining regulations in all 27 European countries where the concept has been introduced, including the Czech Republic, where it was introduced by Amendment to the Criminal Procedure Code No. 193/2012 Coll., effective from 1 September 2012. In addition, plea bargaining is described...

PROCEEDINGS BEFORE A SINGLE JUDGE Abstract The topic of this diploma thesis is criminal proceedings before a single judge. Due to the relatively broad subject matter, the author of this diploma thesis has focused largely on the history of the development of criminal justice as such and in a later stage of development directly on the proceedings before a single judge in criminal proceedings and the institution of the criminal order. The description of the historical development begins in the second half of the 19th century, where, according to the author, the first beginnings of the European reformed criminal procedure were planted, from which the criminal procedural law is based until today. In the part of this diploma thesis devoted to the historical development of the proceedings before a single judge, the comparison of the earlier and current legal regulation of this institution and the analysis of the subsequent development up to the present day is the key. The historical analysis is followed by the second main part of this diploma thesis, which is devoted to the special regulation of proceedings before a single judge. A significant part of this chapter is devoted to the conditions under which it is possible to hold proceedings before a single judge and under which conditions it is excluded. The...

Defence of a legal person in criminal proceedings and issues related to the defence Abstract The rigorous thesis deals with the definition of problems of the procedural part of the law on criminal liability of legal persons and related problems arising from the Criminal Procedure Code. Problems related to the criminal liability of legal persons appear in the Czech legislation and in the legislation of other countries of the continental legal culture mainly due to the adoption of the institute from the Anglo-American legal culture. The Czech legal system was based on the criminal liability of natural persons only and the incorporation of the new institute thus requires a certain adaptation of the legal system. Moreover, the nature of a legal person is inherently problematic given its specific nature. The author selects the most important problems of the procedural part of the law, analyses them and assesses the suitability of the current legal regulation. Subsequently, the author compares the identified problems with foreign legislation of the countries of the continental legal system. The author considers the most significant problems of the Czech legislation to be the absolute exclusion of the institute of necessary defence for legal persons, problems related to the person of the guardian and problems...

1 The principle of material truth in criminal proceedings Abstract The diploma thesis deals with the principle of material truth in criminal proceedings, which is reflection of the principle of factual findings in the criminal proceedings. The aim of the work is to determine whether the principle of material truth is still leading principle of criminal proceedings (i.e. the purpose of criminal procedure). To this end, the work analyses the rules of evidence, while also points out elements that weaken the principle of material truth. The diploma thesis is divided into six chapters. The first chapter is dedicated to legal principles. Firstly, is briefly considered the substance of principles in law and specificularity of their application. The remainder of the chapter is dealt with basic principles of criminal proceedings in general with emphasis on their functions in criminal proceedings. At the start the second chapter defines three principles of factual findings, namely principle of material, objective and formal truth. What follows is short history of Czech legislation. This chapter primarily deals with the principle of material truth and its current conception in the Czech Criminal Code in essential connection with other principles of criminal proceedings. The third chapter deals with regulation of...

1 Abstract The thesis deals with selected procedural issues of criminal proceedings against legal persons, especially those procedural institutes that are controversial in theory or application. The aim of this thesis is to point out and analyse these procedural shortcomings, which stem not only from the strict legal regulation of Act No. 418/2011 Coll., on criminal liability of legal persons and proceedings against them. To this end, the legal regulation is evaluated and the author bases his interpretation on the opinions of the professional public. To achieve this goal, the method of description, analysis, including linguistic interpretation is used. This thesis is divided into 4 parts in which the author elaborates on the procedural aspects of criminal proceedings against legal persons. The introductory part describes the basic concepts that are necessary to grasp the procedural issues and without which the interpretation would not be complete. The second part is devoted initially to the substantive law institute of "evolving from criminal liability" of a legal person, which, however, has an overlap into the procedural law context and thus deals in detail with the problem of shifting the burden of proof to a legal person, and in its conclusion states that it cannot be accepted in criminal proceedings...

CRIMINAL TRIAL ABSTRACT This diploma thesis deals with the criminal trial, which is the most important stage of criminal procedure, because it fulfills the purpose of criminal procedure, which is the proper detection of crimes and fair punishment of their perpetrators. The thesis focuses on the individual phases of the criminal trial, as well as the basic principles that determine the form of the Czech criminal trial, and in the trial, they mostly find their best use. At the same time, attention is paid to current issues related to the criminal trial, as well as to new institutes that change its traditional form to some extent, such as the plea bargain, the declaration of guilt or the institute of indisputable facts. In connection with the planned recodification of the Code of Criminal Procedure, the current regulation contained in the drafts of the new Code of Criminal Procedure is also being evaluated. The work is divided into four chapters, the first of which deals with the application of the basic principles of criminal procedure during the criminal trial. All the basic principles that determine the form of the criminal trial are briefly discussed, as well as the relations between them and possible conflicts. After that, the first chapter deals with the new institutes in the Code of Criminal Procedure...

Admissibility of evidence in criminal proceedings Abstract The thesis deals with the procedural applicability of evidence in criminal proceedings from the perspective of defects caused by violations of procedural rules of evidence. The aim of the thesis is to summarize the applicable legislation with a focus on procedural acts of law enforcement authorities in criminal proceedings and to analyse the defects that may arise in the process of evidence. Can any substantial error in the acquisition or execution of evidence prevent its use in court proceedings? How do Czech courts view violations of procedural rules on evidence, or defects in the process? The author tries to find answers to these questions by analysing the institutes and principles related to the field of evidence and by analysing the decisions of the Constitutional Court and the Supreme Court. The work is divided into six parts - four chapters, introduction and conclusion. The first chapter is devoted to evidence on the theoretical level. It defines important concepts related to evidence and characterizes the means of evidence listed in the Criminal Procedure Code. Last but not least, it also contains the basic principles governing evidence, also with regard to international regulation. The second chapter deals with theoretical approaches to the...

Limits of interference with constitutionally guaranteed rights and freedoms in criminal proceedings Abstract The presented thesis deals with one of the key issues of criminal procedural law, namely the limits of interference with constitutionally guaranteed rights and freedoms in criminal proceedings. The regulations of criminal proceedings in the Czech Republic, a democratic state governed by the rule of law, must, while preserving the tools for effectively combating crime, contain such guarantees of a fair trial that the full protection of the rights and freedoms of the persons being prosecuted is ensured. In view of the increasing standard of protection of fundamental rights and freedoms on the one hand and the increasing sophistication of criminals as a result of globalisation and the rapid development of modern technology on the other, this creates an extremely difficult task for the legislator. This thesis presents a detailed analysis of the issue. Recent developments in the Czech jurisprudence made apparent certain gaps in the legislation of criminal proceedings, specifically in the area of "evidence" and in the related area of interception. For this reason, the first out of the five chapters of the thesis discusses the establishment of the practice of fair trial in the Czech Republic, which puts an...

Selected Issues of Criminal Proceedings against a Legal Entity Abstract As the name implies, this work deals with selected issues of criminal proceedings against a legal entity. In the presented work, the author aims to draw attention to some difficulties that may arise in criminal proceedings due to the typical nature of legal entities, and to the selected institute of criminal procedural law comparison of the application of principles of criminal proceedings between natural person and legal entities. In fact, the initial problem may be that the current criminal law relating to legal entities is launched briefly. Therefore, this work reflects the current special legislation governing criminal proceedings against legal entities in the sense of Act No. 418/2011 Coll., of criminal liability of legal entities and proceedings against them, applying the relationship of subsidiarity to the general legislation of criminal procedural law, namely Act No. 141/1961 Coll., of Criminal Procedure. At first, the author briefly addresses the question of whether the principles of criminal proceedings apply to criminal proceedings against a legal entity. For the purposes of further formulation of this work, the author simultaneously discusses in the first chapter the principle of equality before the law. In other parts of...

Článek se zabývá některými dopady novely trestních předpisů provedené zákonem č. 333/2020 Sb. Tato novela, účinná od 1. 10. 2020, výrazným způsobem zasáhla jak do oblasti trestního práva hmotného (materiálního), tak i do oblasti práva procesního. Autoři se soustředí především na změny trestního řádu (institut vyjádření k obžalobě, rozšíření aplikovatelnosti dohody o vině a trestu a také nesporných skutečnosti a rovněž i nového institutu prohlášení viny). Tento článek vybrané změny představuje včetně deklarovaných důvodů potřebnosti jejich přijetí, identifikuje aplikační problémy, které by tyto instituty mohly přinést, a nabízí jejich odůvodněná řešení. This article deals with several impacts of amendment of criminal statutes by law no. 333/2020 Coll. This law, effective since 1. 10. 2020, has significantly intervened in both substantial and procedural fields of criminal law. The authors focus mainly on the changes of Code of Criminal Procedure (indictment response, extension of plea bargain applicability and also indisputable facts as well as new legal institute of guilty plea). This article introduces selected changes including declared reasons for the necessity of their adoption, identifies law-in-action problems, which they might bring, and offers reasoned solutions thereof.

Title of dissertation: Defense of a legal person in criminal proceedings Key words: defense of a legal entity, criminal proceedings, criminal liability of legal persons Abstract The topic of the rigorous thesis is the Defense of a legal entity in criminal proceedings. The first chapter deals with the basic concepts and concepts that the rigorous work deals with in it content, specifically it deals mainly with the concept and concept of a legal entity and it concept and defining features, then briefly outlines the history of legal entities. The second chapter of the submitted rigorous thesis is devoted to Act No. 418/2011 Coll., On the criminal liability of legal persons and proceedings against them. This law is first briefly characterized, then this chapter deals with topics directly related to this law, namely the analysis of key provisions of this law, the amendments made and their consequences for legal practice, reasons for punishing legal entities, the extent of criminalization of legal entities and finally and what vicissitudes accompanied the adoption of this law and what controversies surrounding it were discussed within the legal community. The last subchapter of the second chapter compares the state of this issue in the Czech Republic with other selected countries of the European Union. The third...

Příspěvek se zabývá problematikou zástavního práva v trestním řízení. Zástavní právo je často užívaným zajišťovacím prostředkem, a to pro výhody jeho věcné povahy. Věcná povaha zástavního práva spočívá v tom, že tato zásadně následuje právní osud zajištěné věci (zástavy). Výhodou zástavního práva je především skutečnost, že při konkurenci více zajišťovacích prostředků svědčí zástavnímu věřiteli výhodnější pořadí. V rámci soukromoprávních (obchodních) vztahů je však nezbytné věnovat se ještě jednomu způsobu zániku zástavního práva, kterým je zánik zástavního práva v trestním řízení při uložení trestu propadnutí majetku či jednotlivé věci. V případě uložení trestu propadnutí majetku či jednotlivé věci ztrácejí zástavní věřitelé nejen své výhradní postavení, ale především ztrácejí možnost náhradního uspokojení své pohledávky prostřednictvím sjednaného zástavního práva. The paper deals with the issue of the termination of the lien in criminal proceedings. A lien is a frequently used means of security, due to the advantages of its material nature. The substantive nature of the lien lies in the fact that it fundamentally follows the legal fate of the secured thing (pledge). The advantage of the right of lien is primarily the fact that, in the event of competition between several means of securing, a more favorable ranking is evidenced by the lienholder. However, within the framework of private law (business) relations, it is necessary to pay attention to one more way of extinguishing the right of lien, which is the extinction of the right of lien in criminal proceedings when the penalty of confiscation of property or individual things is imposed. In the event of the imposition of a penalty of confiscation of property or individual items, the lien creditors not only lose their exclusive position, but above all they lose the possibility of alternative satisfaction of their claim through the negotiated right of lien.

Agreement on guilt and punishment Abstract The subject of the work is the institute of an agreement on guilt and punishment as a special way of handling criminal cases. The essence of an agreement on guilt and punishment is an agreement between the public prosecutor and the accused, in which the accused confesses to committing the act for which he is being prosecuted, in exchange for imposing a lesser punishment than that which would threaten him in standard criminal proceedings. It is a form of diversion in criminal proceedings, which is intended to speed up and simplify criminal proceedings. The agreement on guilt and punishment is enshrined in the Czech legal system for a relatively short period of time. It was introduced in 2012. As the guilt and punishment agreement did not materialize in practice in the following years, certain changes had to be made. These occurred in 2020 when, for example, an agreement on guilt and punishment was made possible for particularly serious crimes. The work is structured into six chapters. The first chapter deals with the question of whether it is possible to classify the agreement on guilt and punishment among the diversions in criminal proceedings. To answer this question, it was necessary to clarify the very concept of diversion. The work also briefly deals with the...

Problems of public prosecution Abstract The subject of the diploma thesis is a systematic description of the characteristic features of the effective law regulation of public prosecution, its critical analysis and subsequent identification of its shortcomings with a possible proposal for its possible solutions. A public prosecution constitutes the protection of the public interest by means of the penal code, thus showing a close link with the criminal code and also with the right to a fair trial. The body of public prosecution is a very important institute in a democratic state governed by the rule of law, and therefore this thesis focuses first on the basic aspects defining this body, and then on identifying its shortcomings and looking for possible solutions aimed at making public prosecution legislation more efficient. The thesis focuses on the theoretical basis and with the help of a questionnaire survey created for the purposes of this thesis, also on the problematic issues that arise in the use in practice. The main focus of the diploma thesis is contained in its second and third part. The first part of the diploma thesis deals with the definition of the term public prosecution and its historical development, in order to understand the very essence and roots of the public prosecution body. Therefore,...

Verification in Pre-trial Proceedings Abstract: This diploma thesis deals with verification as one of the stages of the pre-trial phase of criminal procedings. The purpose of this thesis is to emphasize the most important institutes operating during verification as well as to expose current issues connected with The Criminal procedure Code, where the author share his experience with this stage of criminal proceedings. The first part of the diploma thesis deals with verification itself - its definition, demarcation of the verification within the criminal proceedings, specification of authorities acting in the verification and defining of the fundamental principles. A brief historical overview of the topic is attached as well. Subsequent principal part of the thesis includes a description of the most significant institutes excercised within the verification. Primarily the institutes related to an evidentiary procedure were stressed, especially institutes raising applicaton difficulties in practise. The author communicates his critisizing view on the topic supported by the appropriate arguments. The attention is paid also to the decisions made during the verification and also to the supervision of the authorities involved in the criminal proceedings. The aim of the thesis was to find out whether the current...

This thesis deals with the topic of means of substitution of custody. These means are milder than a custody itself which out of all the securing institutes of criminal procedural law can interfere with the rights of the individual in a most severe way. Custody must always be duly substantiated and applied only when necessary. Even if the custody of the accused is fully justified by legal facts, it is still necessary, in accordance with the exceptional nature of this institute, to examine whether it cannot be replaced by more lenient measures that can fulfil its purpose and at the same time are less restrictive in terms of basic human rights. The aim of my work is to examine such means of substitution of custody. The work is divided into four chapters. In the first chapter I characterize the institute of custody, its purpose and the reasons for which the accused can be taken into custody. This is the basis for other parts of this thesis, as the substitution of custody is linked to the custody itself inextricably. In the second chapter I follow the gradual development of substitution of custody. With the gradual increase in the level of basic human rights and freedoms, means of substitution of custody have been added accordingly. The chapter contains these developments from 1918 to present. The historical...

This diploma thesis deals with the topic of the competence and organization of the prosecutor's office in criminal proceedings, namely in the Czech Republic and in the Federal Republic of Germany. The institute of the Public Prosecutor's Office is a very important part of the functioning justice system, especially for the protection of justice and society from crime. The given topic can be perceived as very broad, and therefore this work is focused primarily on the comparison of the legislation in selected areas, where the differences that the legislation in question shows. In the legal systems of both states, it is possible to find a number of differences, but also similarities. The thesis is divided into seven logically arranged parts, each of which deals with a specific area of the topic in both comparative states. The first part is devoted to historical development in both states. The second part deals with the current legal regulation of the public prosecutor's office in terms of constitutional and legal anchoring, which is very different in the states. This part also discusses the issue of the classification of the public prosecutor's office into the concept of separation of powers. The third part describes the organization, where the emphasis is mainly on the system of prosecutor's offices,...

Inadmissibility of Evidence in Criminal Proceedings Abstract The main goal of this work is to find out exactly how the conditions of admissibility of evidence in criminal proceedings are determined by law. This issue is explained in detail not only in the so-called Rath Case, where there was a conflict of views on the requirements of the application for spatial interception, specifically in the decisions of the High Court in Prague of October 17, 2016, file no. 6 To 106/2015 and the Supreme Court of June 7, 2017, File no. 6 Tz 3/2017-I.-693. First, the work deals with individual means of evidence and their possible defects, which may result in their inadmissibility at the court. Subsequently, the author explains the differences between the concepts of ineffectiveness, inadmissibility and illegality of evidence, which is defined only by legal science, but which are essential for understanding the issue of admissibility of evidence and possible correction of inconsistencies in the Czech legal system. It also offers insight into the issue of absolute and relative ineffectiveness of evidence and then deals with the American Doctrine of Fruit from the Poisoned Tree and the views of Czech experts in the field of law on this doctrine, or other methods of assessing secondary evidence. A comparative part is added,...

Appeals in criminal proceedings Abstract This diploma thesis deals with appeals in criminal proceedings. The aim was mainly to analyse the current legislation on appeals and the problematic areas of this institute from the perspective of experts in the field of criminal law, where the thesis offers their different views on fundamental issues related to appeals. These questions concern in particular the functioning of this institute in practice, its effectiveness, economy and efficiency, as well as the evaluation of the principles on which the appeal is based with de lege ferenda considerations. For better orientation of this criminal institute the thesis first maps the development of appeals in criminal proceedings during the second half of the 20th century and the 21st century, when three criminal codes and fundamental amendments gradually came into force, in which the regulation of appeals sometimes changed fundamentally to the current form. In order to get acquainted with the essence of the functioning of this institute of work, it also presents the basic principles and principles that are applied in appeal proceedings. The thesis also introduces the reader to the current legislation of the appeal, when it deals with its nature, characteristics and basic properties, discusses the subject, content and...

The Right of Defence in the Criminal Proceedings and its Limits Abstract The thesis deals with one of the fundamental human rights of a person againts whom the criminal proceeding is being conducted, namely the right of defence and its limits in the criminal proceedings in the Czech Republic, because only by exercising the right of defence as a partial element of the right to a fair trial, it is possible to achieve a fair and lawful decision in the matter. The first chapter of the thesis deals not only with the national legislation on the legal and constitutional level, but also with the enshrinement of the right of defence in the international human rights agreements, specifically in the European Convention of Human Rights and in the International Covenant on Civil and Political Rights, and in the regulations of the European Union. The next part of the thesis discusses the various components of the right of defence which include material defence, formal defence including the compulsory defence and the duty of the authorities participating in the criminal proceedings. The chapter is further supplemented by all important rights of the accused which can be exercised within the various stages of the criminal proceedings, including, for example the accused's right to comment on all facts which he is accused of,...

Secondary Victimization of Victims by Criminal Proceedings Abstract The submitted diploma thesis deals with the issue of secondary victimization in the context of criminal proceedings. The main goal of this work is to evaluate whether effective legislation provides victims with protection against secondary harm. Based on the theoretical basis of the issue of secondary victimization, the thesis also focuses on finding out whether the legislation adequately reflects the current victimological and psychological knowledge in the field of secondary victimization and secondary harm. The work is divided into three chapters. The first part deals with the basic conceptual issues of secondary victimization in a broader context. Emphasis is placed on the transformation of the victim's position in criminal proceedings within the historical development of victimology as an independent field. The terminological and interpretive shortcomings of the concept of victimization are also emphasized. The second chapter discusses secondary victimization as a victimological phenomenon. In addition to defining the concept of secondary victimization, attention is paid to the causes of secondary victimization, its sources and types of actions leading to secondary harm. The main part of the work is the third chapter, which deals with...

Criminal proceedings against legal entities Abstract Regarding the character of a legal entity as a fiction, criminal proceedings against legal entities differ in many ways in comparison with standard criminal proceedings against a natural person. The aim of this work is to analyze certain specific institutes, whose interpretation and application is problematic with respect to the interweaving of the procedural regulation contained in Act No. 418/2011 Coll. on penal liability of legal entities and proceedings against them, with the classic regulation contained in the Criminal Procedure Act. This thesis is divided into two main parts. The theoretical one, which serves as the introduction of the whole work, briefly discusses traditional topics related to the substance of penal liability of legal entities, i.e. reasons for its adoption, its concept, its sources and legislation, including their ongoing changes. The merit of the work is, however, its special part, which in six chapters deals with specific institutes and issues of criminal proceedings against legal entities. Gradually, in the special part of this thesis, the issue of the representation of a legal entity in proceedings is analyzed and individual subject that can perform acts on behalf of a legal entity in criminal proceedings are discussed....

Článek se zaměřuje na jisté dopady novely trestněprávní úpravy provedené zákonem č. 333/2020 Sb. co se týče základních zásad českého trestního řízení. Zmíněná novela zavedla některé významné změny trestního řádu (stanovisko k obžalobě, rozšířenou uplatnitelnost dohody o vině a trestu a nesporné skutečnosti, stejně jako nový koncept prohlášení viny), které do určité míry významně modifikují dosavadní povahu trestního řízení. Uvedené koncept, které kolidují se základními zásadami trestního řízení, resp. z nich představují výjimky, jsou významným krokem směrem k anglo-americkému modelu trestního řízení. The article focuses on certain effects of the amendment to the criminal regulations brought by Act No. 333/2020 Coll. in terms of the basic principles of Czech criminal procedure. The mentioned amendment introduced some important changes to the Code of Criminal Procedure (statement ot the indictment, extended applicability of an angreement on guilt and punishment and of uncontested facts, as well as the new concept of a declaration of guilt) which modify the existing nature of criminal proceedings to some extent. The concepts in question, which collide considerably with the basic principles of criminal procedure or rather make exemptions from these principles, represent a significant stept towards Anglo-American model of criminal procedure.

The main topic of this thesis is the reconstruction of a crime. These special means of evidence are regulated in the provisions of § 104d of the Criminal Procedure Code. This act takes place if the situation in which the crime was committed is to be restored, or if the circumstances related to the crime are to be restored, if the testimony of the suspect, accused, co-accused, injured party or witness, is to be examined, but only if other evidence provided in the proceedings is not sufficient to clarify the case. In the first chapter, the topic of the legal regulation of the reconstruction of a crime is set in a historical context. The current legal regulation of this institute in the Czech legal system follows. Furthermore, the concept, meaning and types of forensic reconstruction are analysed, which is compared to selected special means of evidence, for which it is often incorrectly confused. As the reconstruction of a crime is a complex and very important mean of evidence, the merits of this thesis are devoted to the preparation, planning, the actual execution, documentation and evaluation of this act. Furthermore, the thesis describes two examples of crime reconstruction from practice and ends with considerations de lege ferenda.

The principle of contradictory in Criminal Proceedings Abstract The diploma thesis deals with the principle of contradictory of criminal proceedings, its various concepts and characteristics, especially its practical manifestations in Czech criminal proceedings. The aim of the work is to provide an insight into possible concepts of this principle, an overview of individual contradictory elements in criminal proceedings and then to draw attention to those elements that rather weaken the principle of contradictory. The work is divided into four chapters. The first chapter deals with the definition of the principle of contradictory. It offers several possible conceptions of this principle presented mainly by Czech authors. The chapter also contains a selection from the case law of the European Court of Human Rights, which ranks the principle of contradictory among the foundations of the right to a fair trial. The case law of the Czech Constitutional Court, which defines principle of contradictory following the example of the Strasbourg court, also corresponds to this. Finally, the chapter deals with the enshrinement of the principle in the current Criminal Procedure Code, but mainly the role of the principle in recodification work on the new Criminal Procedure Code. Chapter two describes some contradictory...

Means Means of substitution of detention This diploma thesis deals with the possibility of replacing detention in criminal proceedings. The institution of detention is one of the ways in which a person accused can be detained for the purpose of criminal proceedings. However, as this is an institution which imposes a significant interference with the rights and freedoms of the accused person, which are guaranteed primarily by constitutional law, it is necessary to carefully consider whether the accused needs to be taken into custody and whether there is no measure to achieve the purpose of the criminal proceedings, which would otherwise ensure detention. This topic has been very topical for several years and there is no precise agreement on the question of the extent to which it is permissible to interfere with the rights and freedoms of the accused. For this reason, the use of milder institutes needs to be used as much as possible. The aim of this work is to discuss the possibilities of replacing detention and the positive and negative aspects of using these measures, which allow the institute of replacement. The work is divided into a total of four chapters. The first chapter of this thesis focuses on the discussion of the institute of detention and its use in criminal proceedings, while this...

1 Confession and its impact on the criminal proceedings Abstract The aim of this thesis is to provide a comprehensive view of the issue of confession, to characterize this legal concept and describe its importance in matters of substantive and procedural criminal law. For this purpose, the author synthesized the available legal, doctrinal, judicial and other relevant information with her own opinions and considerations de lege ferenda. The content of the thesis is divided into six chapters. The first chapter contains a historical introduction covering the development of confession from the 14th century to the political trials of the 1970s. The second chapter characterizes confession in terms of content and form, focusing on particular requirements for confession and various situations in which it can be made. It also focuses on the legal concept of declaration of guilt, its differences from confession and the mutual relation between the two aforementioned in the light of the recent amendment to the Criminal Procedure Code. The third chapter deals with confession as the evidence and its significance even in case it is revoked or obtained in an inadmissible manner. The fourth chapter deals in more detail with forced confessions, methods of physical and mental pressure on the defendant and presents the results...

The topic of this thesis is The Role of the Public Prosecutor in the Court Criminal Proceedings. Its purpose is to characterize the current legislation, processes in the public prosecutor's office, and the role of the public prosecutor in the phase of court proceedings. The aim is to analyze the current legislation, evaluate, and propose possible solutions for the adoption of new legislation. I chose this topic mainly thanks to my interest in criminal procedural law and the issue of public prosecutors in general. Given the ongoing preparation of the new Criminal Procedure Code and the current efforts to adopt a new law on the Public Prosecutor's Office, I believe that this is currently important topic. The thesis is divided into five major chapters. The first chapter is focused on the development of the public prosecutor's office in the Czech lands from 1437 to the period after 1989. The subchapters are organized by important milestones in the Czech history. The second chapter contains the legal regulation of the Public Prosecutor's Office in the Czech Republic, but also the organization of the Public Prosecutor's Office. The second chapter is dedicated to the position of the public prosecutor, their rights and obligations. I list the competences of the Public Prosecutor's Office and mention...