The aim of my diploma thesis is to deal with recently enacted institute named agreement on guilt and punishment which was incorporated to the Code of Criminal Procedure by Act No. 193/2012 Coll. This Act also widen field of application of existing alternative procedures. The aim pursued by legislator is to achieve the increase of effectivity of criminal proceedings in the Czech Republic. My diploma thesis is divided into three main chapters. In the first chapter can be found presentation of existing alternatives procedures in the czech criminal proceedings with accent to the changes made by Act No. 192/2012 Coll. At the end of the first chapter there are statictical records showing the use of particular alternative procedures. In the second chapter I present and analyze the agreement of guilt and punishment. This chapter contains definition, history of evolution and conditions of use of the agreement of guilt and punishment. In the last chapter we can find comparison of the agreement of guilt and punishment to french institute named la Comparution sur reconaissance préalable de culpabilité which aims to provide inspiration for potential future changes of this procedure.

The injured party and his/her protection in criminal proceedings The presented thesis deals with the protection of an injured party in criminal proceedings as a whole, in particular with regard to his/her position as a party in the criminal proceedings, and to his/her procedural rights in accordance with the Rules of Criminal Procedure. The aim of this thesis is complex analysis of the position of an injured party in the Czech legal order with focus on differentiation of the concept an injured party (as the party of criminal process) and the concept a victim of an offence, as a person whose rights were violated in certain manner. The thesis is composed of five main chapters, each of them dealing with different aspect of the injured party involvement in criminal procedure. The first chapter contains thorough analysis of the concept an injured party, as is defined in the provision of Section 43 of the Rules of Criminal Procedure. At the same time, there is incorporated the analysis of limitation or exclusion of participation of an injured in criminal proceedings. Thereafter, the conclusion of this chapter is dedicated to the mentioned differentiation of the concepts an injured and a victim, in particular in the light of the new law on victims of crime. In the second chapter the author addresses...

-1- Abstract Counsel in the Criminal Proceedings: The objective of our Diploma Thesis is to analyze the currently valid law governing the counsel's position in the criminal proceedings, to evaluate its sufficiency or insufficiency and to provide views and proposals in the sense of 'de lege lata' and 'de lege ferenda', focusing more in detail upon some partial aspects which are closely related to the counsel's position during the criminal proceedings. Good quality law system relating to the counsel's position in the criminal proceedings, his/her process rights and obligations is an assumption for meeting the criminal proceedings purpose and is reflected in the possibility to provide to the accused efficient legal counselling and thus meet the accused person's right of defence and fair trial (process) which is guaranteed by the Constitution. The counsel as an actor operating in the criminal proceedings plays a significant role in enforcing the rights and justified interests of the accused. The counsellor masters the legal argumentation, strategy and tactics of the defence, is able to better formulate ideas, to draw ideas from the experience gained in former law suits, whilst for the accused person his/her position is entirely new and unknown, many time it is the first experience in life. The competent counsel...

Principle of legality and its application in criminal proceedings Abstract This diploma thesis focuses on the principle of legality and its application in criminal proceedings. Based on this principle, the prosecuting attorney is obliged to prosecute all crimes about which s/he learns unless the law or declared international treaties stipulate otherwise. It is one of the basic principles on which criminal proceedings in the Czech Republic are based. The introduction deals with the definition of the term "criminal proceedings" and its basic principles and their importance from the point of view of professionals in the field of criminal law. Next part of the thesis is devoted to the concept of the principle of legality in criminal codes valid on our territory from the year 1918 until today. It mainly concerns the changes in criminal proceedings and the motion of the principle of legality including the exceptions which were gradually introduced. The following chapter deals with the comparison of the principle of legality and the principle of opportunity and with other related principles on which the criminal proceedings are based. Special attention is paid to the application of the principle of legality in preliminary proceedings and breaching this principle in favour of the opportunity principle. Based on...

This thesis addresses the use of expert evidence in criminal trial proceedings. The author's primary aim is to present a thorough analysis of this highly specific form of evidence as contained in the Criminal Procedure Code, Act No. 141/1961 Coll., to identify its insufficiencies, and to suggest some potential legislative modifications. The author is aware that the role of an expert in criminal proceedings is also determined in part by the Act on Experts and Interpreters, Act No. 36/1967 Coll., but he deals with this organizational norm only marginally, as his main goal is to analyze the possibilities of using expert evaluations within the framework of criminal procedure. In this thesis, the author describes the historical development of this type of evidence, discusses the concept of the role of the expert in legal theory, and above all, presents his views regarding the law currently in effect, describing the use of expert evidence from its initial stages of appointment of an expert to the preparation and presentation of the expert opinion and the evaluation thereof. The author also takes account of some currently topical issues such as the confrontation of experts and the use of computer software in the expert's work. Given that recodification of the Criminal Procedure Code is currently underway,...

A introdução de novas medidas cautelares de caráter pessoal em nosso sistema processual penal, diversas da prisão, traz a necessidade da exegese do princípio da proporcionalidade em cotejo com nosso sistema de garantias. Somente a fixação adequada de medidas assecuratórias, em detrimento da liberdade face ao princípio da presunção de inocência, pode tornar harmônico o ordenamento jurídico que equilibra, na balança, direitos e garantias individuais versus poder punitivo estatal, quando ainda na jornada processual. O estudo da legislação, doutrina, direito estrangeiro e jurisprudência complementam uns aos outros, possibilitando uma visão ampla e eclética do assunto. / The introduction of new precautionary measures of personal character in our criminal justice system, different from prison, brings the need to analyze the proportionality principle in collation with our system of guarantees. Only the proper mounting of precautionary measures, at the expense of freedom and the presumption of innocence, can make the legal system harmonic, in balance individual rights and guarantees versus state punitive power, while still in procedural journey. The study of law,doctrine, foreign law and jurisprudence complement each other, enabling a wide and eclectic view of the subject .

This diploma thesis is focused on a comprehensive analysis of criminal proceedings against legal entities using Act No. 141/1961 Coll., On Criminal Procedure (Criminal Procedure Code) in combination with Act No. 418/2011 Coll., On Criminal Liability of Legal Entities and Proceedings against them. The adoption of Act No. 418/2011 Coll., On Criminal Liability of Legal Entities and Proceedings against them, introduced criminal liability of legal entities into the legal order of the Czech Republic since 1st January 2012 but the institute of criminal liability of legal entities is constantly evolving to respond to the needs of society. The diploma thesis is conceived from a procedural point of view with the current use of the substantive bases of the issue of criminal liability of legal entities. The thesis further explains important terms and outlines the development of criminal liability of legal entities in the Czech Republic. The aim of the thesis is to provide a comprehensive view of phases of criminal proceedings against legal entities and to evaluate selected problematic aspects of the legal regulation which are accordance with the interpretation of the professional public and with the developing jurisprudence of the domestic courts. The thesis is divided into five chapters. The first three are...

The Role of the Public Prosecutor in the Court Proceedings Abstract The purpose of this thesis is to comprehensively analyze issue of the public prosecutor and its role, especially in the court proceedings. The reason for my research is my personal interest regarding criminal law and problematics of the public prosecutors in general, as well as, in my opinion, the great importance of such topic, especially in the context of a long-term expert discussion on the considered conceptual changes of the relevant Czech legislation - the Criminal Procedure and the Public Prosecution Act. The thesis is composed of four major chapters, each of them dealing with different aspects of role of the public prosecutors. Chapter One is introductory and defines basic terminology used in the thesis and further the historical development and transformation of bodies of public action in two different legal systems - common law and civil law. Chapter Two provides an outline of Czech, French, English and Welsh, U.S. and international bodies of the public action, their placement in the system of national legal systems, organization and scope of activities. Also describes the issues regarding proposals to the new Czech Public Prosecution Act. Chapter Three examines relevant Czech legislation regarding public prosecutor and its role...

O interrogatório judicial do acusado sempre foi previsto na legislação processual brasileira desde o Código de Processo Penal do Império até os dias atuais. O advento da Constituição Federal de 1988 mudou o panorama quanto às garantias processuais dos acusados e teve reflexo na prática forense. No entanto, o Código de Processo Penal, datado de 1941, continha disposições contrárias ao estabelecido no texto constitucional, o que ensejou discussão na jurisprudência por vários anos. Este panorama ensejou discussões no Congresso Nacional sobre a legislação processual penal e culminou na aprovação da Lei nº 10.792/2003. Apesar de naquela oportunidade a lei não prever o uso da videoconferência, trouxe significativas mudanças para o interrogatório judicial. A matéria foi regulada apenas em 2009, através da Lei nº 11.900/2009. Suas disposições ainda geram discussões na doutrina e na jurisprudência, mas embasam o uso daquele recurso tecnológico em casos envolvendo acusados presos. / The defendants judicial hearing has always been under the Brazilian procedural legislation from the Criminal Procedure Code of the 19th century to the presente day. The advent of the Federal Constitution of 1988 changed the landscape of the defendants procedural guarantees, which reflected in the forensics practice. However, the Criminal Procedure Code of 1941 states contrary provisions to what is set out in the Constitution, which resulted in discussions in Courts for several years. This scenario encouraged debates in the National Congress about the criminal procedural legislation and led to the approval of the Law 10.792/2003. At that time, although the Law had not set out the videoconference use, the judicial interrogation had significant changes. The issue was regulated only in 2009 with the passage of the Law 11.900/2009. Its provisions still raises discussions in the doctrine and jurisprudence, but also support the use of that technology resouce in cases involving arrested defendants.

Terminas psichikos sutrikimai baudžiamojo proceso moksle turi specialią procesinę teisinę reikšmę ir vartojamas kalbant apie tokius sutrikimus dėl kurių įtariamasis, kaltinamasis negali savarankiškai įgyvendinti teisės į gynybą. Magistro baigiamasis darbas aktualus tuo, jog remiantis susiformavusia teisine praktika, atskleistas įtariamųjų, kaltinamųjų, turinčių psichikos sutrikimų, teisių ir teisėtų interesų užtikrinimo veiksmingumas. Pateikiama naudinga informacija ikiteisminio tyrimo pareigūnams ar prokurorams apie įtariamųjų psichikos sutrikimų tipinius požymius, kurie gali padėti laiku atskleisti įtariamojo psichikos sutrikimus bei tokių žinių gavimo šaltinius. Analizuojamas psichikos sutrikimų nustatymas taikant specialių žinių panaudojimo formas baudžiamajame procese – ekspertizę ir objektų tyrimą. Remiantis mokslinės literatūros apibendrinimu bei archyvinių baudžiamųjų bylų analize pateikiami specialių žinių panaudojimo, psichikos sutrikimams nustatyti, probleminiai aspektai. Be to, analizuojama gynybos instituto svarba baudžiamajame procese. Aptariama viena iš pagrindinių įtariamojo, kaltinamojo, turinčio psichikos sutrikimų teisių ir teisėtų interesų užtikrinimo garantijų - teisė į gynybą bei atstovų pagal įstatymą dalyvavimo procese tikslingumas, atskleidžiami kai kurie diskutuotini aspektai. / The term psychical disorders has a specific juridical meaning in the science of criminal process and it shall be used talking about such disorders, due to which the suspect, indictee cannot independently implement his right to defence. Master’s paper is urgent by the fact that basing upon the already shaped legal practice, efficiency of providing rights and legal interests of the suspects/defendants with mental disorders is disclosed. Useful information for pre-trial investigation officers or prosecutors is provided covering the types of mental disorders of the suspects, which could assist in timely disclosing the suspect’s mental disorders as well as the ways to obtain such knowledge. Disclosure of mental disorders is analysed by applying the special knowledge forms in the criminal proceedings: expertise and subject analysis. Basing upon the scientific literature summary and analysis of archive criminal cases, problem aspects of special knowledge use for disclosure of mental disorders are presented. Besides that, importance of defence institution on the criminal proceedings is analysed. One of the main guarantees of a suspect/defendant with mental disorders to have his/her rights and legal interests assured – his/her right to defence and purposefulness of representatives’ participation in the process according to the law is described, some disputable aspects are disclosed. Taking into consideration the research performed during the final work and the conclusion that rights... [to full text]