The aim of this thesis is to examine the concept of victims of crime from the point of view of Criminology. It is presented within the law studies, so its object also consists of the analysis of the international and national legislation relating to the position and rights of the victim, or more precisely, the aggrieved party in criminal procedure. Firstly, the work presents the concept of Victimology - the scientific discipline about the victims of crime, and it focuses on processes and factors of the victimization. The following chapter is focused on the victimology prevention. The second part of the thesis is dedicated to the study of the european legislation regarding the assistance, protection and compensation of victims of crime. Moreover the work describes the victimology legislation of Spain and the Czech Republic and compares the role of the aggrieved party in their criminal justice systems.

Originally Anglo-Saxon criminal process concept in the form of plea bargaining also constituting the topic of this thesis has become a phenomena within a number of civil law countries in the last decades. This alternative way of solving criminal cases consists simply of the possibility for an agreement between the prosecutor and accused through plea bargaining if the accused, under certain conditions, admits committing the offense and agrees with the proposed punishment. When looking at foreign but also domestic legal literature we may, without any exaggeration, consider plea bargainig as a controversial institute. On one side are the proponents with their strongest argument being the acceleration and simplification of the criminal proceedings. However, on the other side, their opponents refer mainly to the flagrant inconsistency of this institute with the fundamental principles of continental criminal proceedings. In the first part this thesis the author examines the agreements in criminal proceedings in general, focusing on their origin, historical development and various basic forms in which the agreements in criminal proceedings are presented in the world. Special section is devoted to plea bargaining regulation in the Czech Republic where this institute was introduced by an Amendment to the...

The status of a witness in Czech and French criminal procedure - comparison The subject of my thesis is a comparison of the status of a witness in a Czech and French criminal procedure. I have chosen this theme because I'm interested in criminal law and I also pursue studying French law. During this activity I found an institute of assisted witness which is completely unique and unknown in a Czech legal environment. This thesis is divided into three parts, at first I focus on the status of a witness in Czech legislation, the second part contains a French regulation and the third is a comparison of those two. The first thing in a first part is a determination who the witness is and who can be a witness in a criminal procedure. Then I concern with rights and duties which the witness owns and must fulfil during the proceedings. Next chapter deals with a course of an examination of the witness and with questions connected with an examination, e.g. tactics of examination. In the next chapter there is possible to find out specifics of a situation when the witness is a minor. Next important aspect is also a protection of a witness who is jeopardized because of a provision of a testimony. We can also find out conditions and methods of providing the protection. I affiliated two particular chapters in...

La conceptualisation des procédures pénales dérogatoires n'est pas chose aisée, si bien que c'est sous un angle à la fois constitutionnel et conventionnel qu'il semble intéressant d'appréhender les critères délimitant naturellement ces procédures particulièrement attentatoires aux droits fondamentaux. Partant de ces approches constitutionnelle, conventionnelle et législative, on parvient ainsi à mieux percevoir les difficultés rencontrées par les autorités policières et judiciaires lorsqu'il s'agit de mettre en oeuvre ces techniques spéciales d'investigation. En effet, si la diversité de ces procédures complexifie leur utilisation, elle risque par conséquent d'encourager une utilisation abusive de celles-ci pour favoriser la recherche de la vérité au détriment des droits de l'homme et des libertés fondamentales de tout un chacun. C'est pourquoi il est nécessaire de repenser la place et l'encadrement des procédures pénales dérogatoires dans les textes fondamentaux pour parvenir à la mise en oeuvre d'une pratique efficace mais avant tout respectueuse des droits de l'homme et des libertés individuelles. Dans la présente étude, les procédures pénales dérogatoires font donc l'objet d'une pensée volontairement modératrice en quête d'un juste milieu entre la liberté et la sécurité, éternelle problématique qui anime depuis son origine la procédure pénale et que le législateur a parfois du mal à résoudre / Conceptualizing derogatory criminal procedures is no easy task, so it is under an angle both constitutional and conventional that it seems interesting to apprehend criteria defining these procedures that particularly violate fundamental rights. From these approaches constitutional, legislative and conventional, it succeeds in better perceive difficulties encountered by police and judicial authorities when it comes to implement these special investigation techniques. While the diversity of these procedures complex their use, it may therefore encourage a misuse of these to foster pursuit of truth at the expense of human rights and fundamental freedoms of everyone. Therefore there is a need reconsider the place and the framing of criminal procedures in the fundamental derogatory texts to achieve the implementation of effective practice and above all respectful of human rights and individual freedoms. In this study, derogatory criminal procedures are therefore subject to a voluntarily restraining thought seeking a balance between freedom and security, eternal question that has raised criminal procedure from its origin and that the legislature may difficult to solve

THE ISSUE OF THE CONCEPT OF CRIMINAL CUSTODY This diploma thesis deals with a criminal custody. This is an important part of a criminal process where there is a restriction of personal freedom based on a need to ensure people for acts of a prosecution. It is a complex issue which requires proper and sensitive legislation and as well as appropriate use in a practice. First part of this diploma thesis focuses on the term of custody. It explains the definition and an essential features. In the subchapters, principles which drive custody are specified. Differences between custody and judgment are explained. Second part of the diploma thesis concerns about question of personal freedom and custody in connection with international and constitutional law. First subchapter deals with the Charter of Fundamental Rights and Basic Freedoms which sets basic conditions for limitation of personal freedom and for detention. Next subchapter compares two important international documents: European Convention of Human Rights and International Covenant on Civil and Political Rights. These two documents have a big influence on enactment of custody in Czech Republic. Third part contents substantive enactment of custody. The conditions for arrest are presented. Farther the reasons for custody and also strengthened reasons...

Criminal procedure, the public and media Pavlína Kubešová Abstract Information about crimes creates an important part of news in public and private media. Right to information about criminal procedures and criminality in general is in the democratic society undoubtedly a significant right of every individual no matter if through personal presence on a trial or receiving information from media. Presence of the public during a trial is a way how people can control the activity of the court. Criminal procedure is a case in which state has bigger interference with our rights and freedom than in other different cases. And that is why the public control is essential here. The possibility of the public to access information about criminal cases is then a guarantee for the accused that his or her guild will be debate before an impartial court rather behind the "close door". The target of this thesis is to analyse in details relevant legislation regarding the subject of this thesis (that is especially regulated by § 8a to 8d and § 199 to 201 of criminal code) and on basis of gather knowledge afterwards to critically evaluate the quality of this work, in context of constitutional law guarantee, possible use in practice and defence against violation. I divide this thesis into two key parts. The first part concerns...

Substantiation of Electronic Evidence Abstract This thesis addresses the procedural questions of securing and presenting electronic evidence in criminal proceedings. The use of modern devices and the subsequent creation of electronic evidence is very common, making it necessary for legislation as well as investigative, prosecuting and adjudicating bodies to set out an adequate framework for securing and producing such evidence. The thesis seeks to determine the limits of this framework with regard to the rights to a fair trial, privacy and secrecy of correspondence, as well as the principle of public authority interference minimization, keeping in mind that electronic evidence must be secured and produced in accordance with the Criminal Procedure Code, the Constitution and enforceable international treaties, respecting the rights of individuals but also allowing criminal proceedings to reach their ultimate goal. The thesis first concentrates on traditional instruments of securing evidence, e.g. search warrants, seizure of an item, operative-search means or various types of wiretapping. These general findings are then applied to commonly used information technologies, such as emails, documents stored on websites or social media platforms, as well as communication conducted via mobile applications. In its...

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.

The diploma thesis deals with the role of the police authority in preliminary criminal proceedings. The thesis is divided into twelve chapters which are further structured into subchapters, describing in more detail the given procedure or institute. According to the phases of preliminary proceedings, the diploma thesis is chronologically divided into the examination phase and investigation phase, describing further the police authority proceedings. The objective of the diploma thesis is particularly to describe the procedure and actions of the police authority in individual phases of preliminary proceedings and to explain its role. The content of the diploma thesis is focused on the relation of the person against whom the criminal proceedings are being conducted (i.e. the suspected or accused) and the police authority. More specifically, particularly on the procedures of the Police of the Czech Republic bodies; marginally, it mentions other bodies in the position of a police authority, as well. This is the reason the reader most often encounters in the text a comparison of the criminal proceedings adjustments and the Act on the Police of the Czech Republic, possibly with notice to their differences. In the elaborated topic, emphasis is put on the right of the accused to a fair trial, right of the...

Criminal warrant represents a decision in criminal matters which is also special manner of criminal procedure. A single judge is empowered to issue a criminal warrant without trying the matter in the main trial if the facts are reliably proved by evidences. It is regulated by the section 314e and following of the Criminal Procedure Code. It diverse from regular criminal proceeding, because it is in fact a way of simplified and written procedure. These characteristics are also the reasons why criminal warrant is criticized by professionals. Such a diversion from regular criminal proceeding is being called as a violation of right to a fair trial by many authors. Considering such institute from the point of view of basic principles of criminal proceeding, including right to fair trial, emerge in each of six chapters of this thesis, while it forms a crucial and final part of this thesis. At the beginning is a criminal warrant introduced as a decision in a criminal matters, a special manner in criminal proceeding and diversion of criminal procedure. In order to understand applicable legal regulation of criminal warrant which is described in chapter three, the second chapter is designated to historical review. In the fourth chapter of this thesis I deal with rights of appeal, including a statement of...