This Thesis is focused on the most important phase of criminal proceedings, the trial. The aim of this thesis is to form theoretical and practical analysis of the legal regulation of the trial and also to take into consideration the conclusions of the jurisprudence and the foundations of the new Czech Criminal Procedure Code. The Thesis is divided into six chapters. The first chapter deals with the fundamental principles of criminal proceedings and their mutual relations. These principles represent foundation upon which the whole criminal proceedings including the trial are based. The application of these principles is not absolute and the Czech Criminal Proceedings Code regulates many exceptions. The second chapter describes the preparation of the trial and is about the delivery of criminal charge, notice to appear in court, the presence of persons on trial, the order of the trial, measures related to the preparation of the trial and other decisions. The third chapter describes the course of the trial and is divided into three subchapters, the initiation of the trial, the process of evidence and the conclusion of the trial. In the context of evidence, attention is given to hearings of the accused, witness, expert and to expert opinions, material and documentary evidence. The conclusion of the...

Juvenile crime and juvenile criminals are the focus of one key area of society. Criminal acts are commited by youth especially in big towns and cities and they are accompanied by increasing manifestations of aggression. The number of juvenile crimes commited under the influence of narcotics and psychotropic substances continues to rise. There was an important moment when a specific law, no. 218/2003 Sb. Which regards the responsibility of juveniles for unlawful acts and also the judicial system concerning youth, was enacted. Juveniles perceive imprisonment on a significantly worse scale than adults do. Therefore, it is quite possible to influence juveniles in a more positive way by means of a suitable penological and pedagogical approach. Placing juveniles under arrest, their eventual conviction and their eventual imprisonment and confinement is the last solution. This thesis focuses on the research of how juveniles perceive their arrest as they within the Czech prison system. The data was gained by means of the qualitative research method with the use of a half-standardized interview. These interviews took place with ten men, who spent time under arrest as juveniles or young adults (up to 26 years of age). The goal of the diploma thesis was to map the situation of the arrest solution problems due to juvenile criminal activities, to answer some research questions and to eventually offer an optimized solution. These goals have been reached. The findings of this thesis can be beneficial for everybody who deals with the problems of juvenile crime and juvenile criminals. The recorded interviews, which describe the cause, the progress and the results of crime and criminals, as well as the execution of the arrests are of particular importance.

AND KEY WORDS The purpose of my thesis is to analyze the institute of criminal informant as a legal instrument in the fight against organized crime. I introduce the historical background of cooperation between criminals and state on uncovering criminal activities. Then I follow with the analysis of current Czech legislation of cooperating accused and the so far limited cases of its application and also offer a comparative view of the law and its application in United States, Great Britain and Slovakia. The thesis is composed of six chapters. Chapter One is introductory and defines basic terminology used in the thesis: cooperating accused and crown witness. In this chapter I argue that the terms can be used interchangeably In the second chapter I introduce the history of cooperation between criminals and the state. Special subsection deals with the development of Czech legislation on cooperating accused. Chapter Three examines relevant Czech legislation and the limited number of documented cases of application of the institute. Chapter Four offers a comparative view of relevant legislation and approach to decision-making by trial courts in the United States and Great Britain and also the legislation passed in neighboring Slovakia. Chapter Five concentrates on problems resulting from organized crime,...

Nemo tenetur se ipsum accusare principle Abstract The thesis deals with the nemo tenetur se ipsum accusare principle, which represents one of the fundamental procedural rights in criminal proceedings. The European Court of Human Rights considers it an inseparable part of the right to a just trial. Especially considering the problems arising in connection to interpretation and application of he said principle, the thesis tries to _ the most problematic areas of the principle's application and the different opinions as to what it entails. The first chapter contains the history of the principle's application, both on the European continent in civil law and in common law in both the United Kingdom and the United States. The second chapter summarizes the evolution of rulings of the European Court for Human Rights. Attention is paid to the relation between the nemo tenetur principle and the right to a fair trial contained in the Article 6 of the European Convention on Human Rights and also to the relation o other right contained in the same treaty, especially focusing on freedom from torture in order to obtain an evidence of a criminal act. The third chapter summarizes the Czech legislation on the topic, both on Constitutional level - especially focusing on those articles of the Charter of Fundamental Rights and...

O presente trabalho trata da paridade de armas no processo penal brasileiro, tomando como pano de fundo da incidência dessa norma o princípio constitucional da igualdade. Inicialmente, abordou-se tal princípio em suas diversas facetas históricas e jurídicas para, em seguida, analisá-lo a partir da teoria dos direitos fundamentais, que separa a incidência das normas em regras e princípios. Cuidou-se do tratamento dado ao tema nos sucessivos Códigos de Processo Penal brasileiros, inclusive no direito processual penal projetado, sempre com vistas à participação das partes. Tratou-se, ainda, da incidência da igualdade no processo penal a partir do estudo dos sistemas consagrados de direito processual penal. Com base nessas análises e em subsídios de direito processual penal comparado, chegou-se a um conceito específico de paridade de armas no processo penal. Por fim, mediante o conceito desenvolvido, foi possível tratar da incidência do princípio da paridade de armas no direito processual penal brasileiro. Importa ressaltar que, ao longo do trabalho, não se assumiu o ponto de vista segundo o qual o princípio simplesmente não existe no Brasil, mas tentou-se abordar os momentos em que ele se manifesta e nos quais há possível violação. / The present work deals with the equality of arms in Brazilian criminal procedure by considering the constitutional principle of equality as the backdrop of that norm incidence. Firstly, the mentioned principle was explored on its historical and legal aspects and then analyzed based on the theory of fundamental rights, which separates the incidence of norms into rules and principles. The treatment given to the theme in the subsequent Brazilian Procedural Penal Codes, including the projected criminal procedural law, was explored with the focus on the participation of parties. Furthermore, the incidence of equality in the penal procedure was broached through the study of renowned criminal procedural law systems. Based on this analysis and on subsidies of compared criminal procedural law, the work reached a specific concept of equality of arms that can be applied to criminal proceedings. Eventually, from the developed concept, it was possible to discuss about the incidence of equality of arms principle in Brazilian criminal procedural law. It is important to emphasize that the study did not follow the point of view according to which the principle simply does not exist in Brazil, since the aim was to examine the moments when it manifests itself and in which there is possible violation.

UNIVERZITA KARLOVA V PRAZE Právnická fakulta Katedra trestního práva DISERTAČNÍ PRÁCE TRESTNĚPRÁVNÍ NÁSTROJE BOJE S ORGANIZOVANÝM ZLOČINEM Vedoucí disertační práce: Prof. JUDr. Jiří Jelínek, CSc. Zpracovatel: JUDr. Jan Schramhauser English summary This dissertation thesis addresses the issue of organised crime and the selected primarily criminal-law tools intended for the fight against organised crime. The thesis consists of four parts divided into individual chapters and sections. Having mainly a criminological focus, the introductory part defines organised crime and groups aimed at commission of such crime. It analyses certain definitions available from the Czech and foreign literature, compares them and discusses whether it is possible to define organised crime uniformly and universally. Afterwards it specifies the basic features of organised criminal groups, provides their characteristics and includes a brief excurse into selected criminal organisations. The first part also describes the historical development of certain criminal groups up to now and examines, in particular, the causes and the circumstances of the organised crime expansion in the Czech Republic after 1989, its main activities in our country and other issues. It refers to the legislation which was very insufficient at that time, the...

The involvement of individuals with mental illness in the criminal justice system is receiving increased attention. Under the current law, the court or jury makes a special verdict of “Not Criminally Responsible on Account of Mental Disorder” if the accused did not at the time of the offence appreciate what he or she was doing, or that it was wrong, due to a mental disorder. This paper will outline the current Criminal Code mental disorder regime, before examining how Bill C-54, the Not Criminally Responsible Reform Act, proposes to build on the existing law. By exploring the provisions of Bill C-54 aimed at enhancing public safety, this thesis will discuss whether the reforms are supported by empirical evidence, and will likely achieve its stated objective. This paper will also consider the possibility of constitutional challenge in light of the ‘twin goals” statutory framework and Supreme Court jurisprudence.

The involvement of individuals with mental illness in the criminal justice system is receiving increased attention. Under the current law, the court or jury makes a special verdict of “Not Criminally Responsible on Account of Mental Disorder” if the accused did not at the time of the offence appreciate what he or she was doing, or that it was wrong, due to a mental disorder. This paper will outline the current Criminal Code mental disorder regime, before examining how Bill C-54, the Not Criminally Responsible Reform Act, proposes to build on the existing law. By exploring the provisions of Bill C-54 aimed at enhancing public safety, this thesis will discuss whether the reforms are supported by empirical evidence, and will likely achieve its stated objective. This paper will also consider the possibility of constitutional challenge in light of the ‘twin goals” statutory framework and Supreme Court jurisprudence.

Zusammenarbeitende Angeklagte Diese Diplomarbeit befasst sich mit der Problematik des Instituts des "zusammenarbeitenden Angeklagten", dessen Regelung in die strafrechtlichen Vorschriften durch die Novelle des Strafgesetzbuches Nr. 41/2009 Slg. verankert wurde, die am 1. 1. 2010 in Kraft trat. Die Tschechische Republik reagierte hiermit auf die Aufforderungen der internationalen Organisationen, die die Aufnahme der für die Bekämpfung der organisierten Kriminalität nötigen rechtlichen Instrumente verlangten. Das Phänomen des "zusammenarbeitenden Angeklagten", bzw. des Kronzeugen ruft rege Fachdebatten hervor, denn es stellt ein kontroverses Thema dar. Die Straftäter können nämlich für ihre Zusammenarbeit mit den im konkreten Fall tätigen Organen mit bis zur vollständigen Straffreiheit belohnt werden. Vor allem setzt sich diese Arbeit zum Ziel, die wirksame Rechtsregelung des "zusammenarbeitenden Angeklagten" zu beschreiben, auf einige strittige Aspekte aufmerksam zu machen und zu beurteilen, ob die Verankerung dieses Rechtsinstruments als gerecht gesehen werden kann. Die Diplomarbeit besteht aus sechs Grundkapiteln, die weiter aufgegliedert und ausführlicher ausgearbeitet werden. Im ersten Kapitel liegt der Schwerpunkt in der Klassifikation der Begriffe "zusammenarbeitender Angeklagter" und...

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