1 Basic principles of criminal proceedings and the right to a fair trial Abstract This dissertation deals with the basic principles of criminal proceedings from the point of view of the right to a fair trial. The basic principles of criminal proceedings are certain legal principles, the leading legal ideas underlying the criminal proceedings. They are a manifestation of a legal, political and legal philosophical approach to criminal proceedings. As a result, the basis on which the organization of criminal proceedings and the regulation of the activities of its bodies are built. They express the legislator's opinion on the most efficient organization of the criminal process. The meaning of the basic principles is mainly concentrated in their functions. The text of the thesis is divided into three major chapters, which are further divided into sub-capitals and sections. The second chapter is devoted to the conceptual definition of both the democratic state law and its attributes, the legal principle, and two basic models - the continental system and the adversary system. Then follows a chapter that deals in detail with the concept, meaning, functions and system of the fundamental principles of criminal proceedings. It also deals with exceptions to the basic principles, the classification, the nature of the...

This dissertation provides a comprehensive account of diversions in the criminal proceedings, which constitute an important part of the modern criminal process. The introduction of the dissertation deals with the reasons for introducing of alternative ways of dealing with criminal matters into Czech criminal law and its current taxonomy. This is followed by a broad description of the development of the term "diversion" in the criminal proceedings and the current understanding of this term in Czech law (where is a plurality of opinion in this respect). In connection therewith, the author presents her opinion on the elements of a diversion, and subsequently questions, whether several instruments used in the criminal proceedings should be categorized as a diversion. The aforementioned is followed by a theoretical treatise on the international initiatives in the area of diversions in the criminal proceedings, after which the most significant milestones in the genesis of the various forms of diversion in Czech criminal proceedings are already mentioned; at the same time the constitutional and international limitations connected with these institutes are discussed. The thesis also deals in detail with the very nature and purpose of diversions in the criminal proceedings. The second part of the thesis is...

The role of public prosecutor in the preparatory criminal proceedings The thesis on The role of public prosecutor in the preparatory criminal proceedings attempts to comprehensively analyse the role and activities of the public prosecutor in the criminal proceedings. The public prosecutor is the significant subject and also the party in the criminal proceedings. His role in the criminal proceedings is irreplaceable and he is able to fundamentally affect the preparatory criminal proceedings through his activities. It depends on him whether the accused will be bring to court or the case will be already terminated in the preparatory criminal proceedings. The paper is dividend into four chapters. The first chapter outlines the historical development of the public accusation in the Czech lands from the the beginning until the present. As the thesis deals with the role of public prosecutor in the preparatory criminal proceedings, so the second chapter deals with the preparatory criminal proceedings and it describes its aim, kinds, periods and functions. The third chapter deals with the role and the competence of the public prosecution in the Czech legal system. There are defined basic principles and rules of the activities of the individual public prosecutors. The fourth chapter represent the very core of...

This thesis, themed Public action in criminal proceedings, is trying to treat the historical development of the public action, contemporary legal regulations of prosecution and its status, and the task and the operation of the public prosecutor as the litigant in the criminal proceedings. The core of this thesis is the comparison of contemporary legal regulations with the proposal of a new law of prosecution and brief summary of pros and cons of the suggested legal regulations. The thesis consists of three chapters and some of them are further divided into subchapters and their sections. First chapter approaches the historical development of the public action in Bohemian countries and is further divided into two subchapters. The first of these subchapters deals with the origin and the development of the public action in general, whereas the second subchapter describes the development of the public action in Bohemian countries in individual historical periods and consists of seven sections. Second chapter is divided into five subchapters. Primarily it brings the insight into the operation of the prosecution and then it deals with the operation and the task of the prosecution in individual stages of the criminal proceedings. The fifth subchapter, determining the force of the prosecution outside of the penal...

Institute of agreement on guilt and punishment, was implemented into Czech criminal law by Act No. 193/2012 Coll. in 2012 and came into force on 1th September 2012. The institute belongs among diversions from standard criminal proceedings. The purpose of its introducing was an effort to increase efficiency of criminal proceedings. Generally, this instute is typical in common law system, however several countries with continental legal system have already introduced agreement on guilt and punishment into their criminal law - for example: Spain, Germany, Italy and Slovakia. In particular, the Slovakian agreement on guilt and punishment constituted fundamental basis for the Czech version of the agreement. The inspiration for choosing this topic for my Master's thesis was formed by internship at district prosecutor of Prague 4. I have had an option to attend conclusion of the agreement during the process there as well. The thesis is divided into six chapters, which are accompanied by my personal experiences from the internship. Each of them is dealing with different aspects of the institute. The content of the first and the second chapters are reasons for implementing of the institute and detailed analysis de lege lata and I have solved also a question in these chapters namely, if the agreement is in...

Resumé This thesis titled The Scope of the Prosecutor in the Preliminary Criminal Proceedings presents a compact view on the prosecutor's role and activities in the preliminary proceedings. At this stage, the prosecutor has a vital role and is regarded as the master of the preliminary proceedings (dominus litis), for he carries the ultimate responsibility for its results. In the court proceedings, where he is accorded the party status, the prosecutor represents the public prosecution. In relation to the police authorities, the prosecutor has a number of privileges that enable him to supervise the adherence of legality in the preliminary proceedings. The work is divided into four main chapters. The first chapter discusses the legal base of prosecution as a body of public prosecution in the criminal proceedings. This chapter also characterizes the institute of external and internal supervision within the system of prosecution. The second chapter defines the preliminary proceedings as an obligatory, pre-trial part of every criminal proceeding. Furthermore, this chapter elaborates individual functions of the preliminary proceedings, including its forms and stages. The core of the thesis is the third chapter, which defines the actual scope of the prosecutor. First, this part deals with the prosecutor's...

This thesis on the topic of The role of the state prosecutor in the preparatory criminal proceedings is trying comprehensively discuss about activities of the state prosecutor in the preparatory criminal proceedings and possibly to point out individual legal shortcomings. The state prosecutor is an important factor and at the same time party of criminal proceedings. The state prosecutor has irreplaceable role in criminal proceedings, because with it is activities affects preparatory criminal proceedings. The role of the state prosecutor in the preliminary criminal proceedings is crucial because it is he, who bears responsibility for its results. The state prosecutor acts in preparatory criminal proceedings as a so-called dominus litis and has against the police very extensive powers. This thesis is divided into five chapters. The first chapter deals with historical development of Public Prosecutor's Office in the Czech lands since its inception into the present. The second chapter is devoted to the Public Prosecutor's Office and consists of several parts. Is dedicated to definition of the state prosecution, its organization and scope. This chapter also contains major actions of state prosecution and the view of German legislation of the Public Prosecutor's Office. In the focus of this thesis there...

This thesis is dedicated to legal institute of plea bargaining which has been adopted to Czech criminal procedure law on September 1, 2012. The plea bargaining law in the Czech Republic is highly influenced by plea bargaining practise used in different forms in various common law jurisdictions. The thesis is divided into three basic chapters. First chapter of this thesis describes overall background and reasons for adoption of plea bargaining into Czech law. In this chapter the author presents and analyses reasons and desired results the Czech legislature pursues by adoption of plea bargaining and its usage in practise. Second chapter provides a critical view of relation of plea bargaining with the rest of Czech criminal procedure regulation, especially an interaction of plea bargaining with fundamental principles of criminal procedure. Third chapter focuses on whole procedure related to plea bargaining as regulated by current law. This chapter describes and analyses positions of all parties to the process concerned, plea bargaining negotiation process itself and its legal limits. Furthermore it depicts and examines the process of court hearing and position and role of the court within it. The third chapter also concerns several legal measures laid down in order to secure compliance of the plea...

Defence counsel in criminal proceedings Criminal law was always my favourite subject at Law faculty and that is the reason, why i choose this topic at first. Because in this moment, I am still just student, and I don't have any personal experience with criminal proceedings, I have to search information largely from specialized publications and sentences od Czech courts. In the begining, i mentioned right of defence and international agreements, where is this right based and described how important is this right for criminal proceedings and for the defendant espacially. I wanted to show consequences of this right and Czech penal code as well. In my opinion, it was necessary to start with right of defence, because position of defence counsel in criminal proceedings in many thing depends on person of defendant. In next parts, I was paying attention to person of defence counsel, and especially conditions, which are necessary to his profession. Most important condition in general is that defence counsel has to have passed advocate exams and he has to be registered in list of advocates in Czech republic. Then I was describing his rights and duties to defendant, I meantioned for example his duty of descreetness, his duty to pay attention and behavior by wishis of his client and many others. I was try to divide the...

I have chosen the topic "Criminal Trial", because I am interested in criminal law and during my studies I completed an internship at court, which gave me the opportunity to experience criminal trial in practice. The aim of my thesis is to provide a comprehensive view of criminal trial as the most important part of criminal proceedings with its actual issues. The thesis begins with an introduction and ends on a conclusion. Between that, the thesis is divided into three main chapters. The first chapter is called the general characteristics of criminal trial and deals with the Czech legislation governing criminal trial, purpose and meaning of criminal trial and describes the basic principles of criminal proceedings, especially those most used in criminal trial. The second chapter focuses on the preparation of criminal trial, which is very important. Only a precise preparation can lead to a fluent criminal trial without any adjournment, as law requests. This chapter also discusses presence of the public and media at the court. The chapter tries to answer the question whether it is appropriate if the presiding judge permits making video and audio broadcast from the hearing. The third chapter analyses the course of the criminal trial, especially its beginning, rights and obligations of parties in the...