Witness in Criminal Proceedings The aim of this thesis is to provide a compact overview of the rights and duties related to a witness, which affect his position in criminal proceedings. The witness is considered as a one of the fundamental institutions of criminal law. The witness's testimony with its irreplaceable role also ranks among the most important evidence provided by criminal proceedings. The witness in principle can be found in all stages of on-going criminal proceedings, whereas the circle of persons, which may be witnesses, is not a priori restricted. The witness's role is in particular very significant in preparatory stage of criminal proceedings as without his testimony there is often impossible to identify the perpetrator of a committed crime. He is also important in such a trial, where the court based on his testimony is able to decide, whether an accused is in truth guilty, i.e. decide on his punishment, or on acquittal. The thesis itself is divided into six chapters, which are further divided. The first chapter deals with the definition of a witness and the conditions of being legally qualified to perform as a witness and finally with the necessity of distinguishing a witness from other persons being involved in criminal proceedings. The second chapter is devoted to all duties...

v anglickém jazyce Efficiency of criminal procedure and adjustment of pre-trial proceedings The purpose of my thesis is to analyse relationship between basic principles of criminal procedure and the purpose of criminal procedure. The reason for my analysis is fact that basic principles are ground of criminal proceedings. They influence all institutes of criminal procedure law and the way how they are applied. The thesis is composed of five chapters. Chapter One is introductory and defines basic terminology used in the thesis: criminal procedure, purpose of criminal proceedings, pre - trial proceedings and other section of criminal proceedings. The chapter is subdivided into four parts. Part One describes term of criminal procedure and it's purpose and explains relationship between criminal proceedings and human rights. Part Two deals with history of criminal procedure codes in the Czech lands. Part Three deals with relevant Czech legislation connected with criminal proceedings and Part Four explains term of sections of criminal procedure and briefly describes individual sections. Chapter Two focuses on basic principles of criminal proceedings. The Chapter consists of sixteen parts. Part One focuses on term and importance of basic principles of criminal proceedings. The rest of the Chapter concerns...

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...

The title of this diploma thesis is "The Role of a Public Prosecutor in Criminal Proceedings". In the Czech Republic, it is Public Prosecution that is granted the right by the Constitution to prosecute criminal offenses on behalf of the country. Activities arising from this right are the main duties of a public prosecutor. The aim of this thesis is therefore to describe said activities. It is done so chronologically with regard to the different phases of criminal proceedings. Other goals include trying to find problematic areas of the laws that govern public prosecutors, trying to come up with possible reasons behind them and proposing their solutions. This thesis also contains comments on some of the recent changes in the rules governing public prosecution. The first chapter of this thesis contains a brief history and evolution of public prosecution in Central Europe and in the Czech lands as the author believes it is a very useful introduction to public prosecution and its role in criminal proceedings today. Chapter two of this thesis deals with the laws governing public prosecution. First, the Constitution is mentioned including its article 80 and its problematic placement within the Constitution. The author then talks about other significant laws from which all duties of public prosecution...

Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2017-02-22T11:43:08Z No. of bitstreams: 1 Fernando Bertolotti Brito da Cunha.pdf: 773732 bytes, checksum: 1c6dbf87cbe7024460b54243e625f5e0 (MD5) / Made available in DSpace on 2017-02-22T11:43:08Z (GMT). No. of bitstreams: 1 Fernando Bertolotti Brito da Cunha.pdf: 773732 bytes, checksum: 1c6dbf87cbe7024460b54243e625f5e0 (MD5) Previous issue date: 2017-02-17 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior - CAPES / In this work, we intend to present the outlines of the new paradigm of the Brazilian criminal process that emerged after the advent of the Federal Constitution of 1988, and the main characteristics and theoretical references of what we will call constitutional criminal procedure. In this context, we will try to rethink the idea of efficiency in criminal proceedings taking into account, in particular, the studies conducted by the Law and Economics School. Lastly, we will present the precautionary criminal proceeding as a possible route to an efficient constitutional criminal procedure / No presente trabalho, pretendemos apresentar os contornos do novo paradigma do processo penal brasileiro surgido a partir do advento da Constituição Federal de 1988 e as principais características e referenciais teóricos daquilo que chamaremos de processo penal constitucional. Nesse contexto, trataremos de repensar a ideia de eficiência no âmbito do processo penal, levando em conta, especialmente, os estudos conduzidos pela escola da Law and Economics. Por fim, apresentaremos o processo penal cautelar como possível caminho para o processo penal constitucional eficiente

This Thesis is focused on the criminal trial, which is the most important part of the criminal proceeding. The purpose of the criminal proceeding, which is to investigate the perpetrator of the crime and his just punishment, is fulfilled during the criminal trial. The object of this Thesis is to present the process of the criminal trial and to particularly elaborate about the legal regulation of those juridical institutes, which may appear problematic or not fully clear. The aim is also to present the critical view on some juridical institutes contained in the legislation or to those which cause difficulties in practice together with the outline of their future regulation or de lege ferenda view or how the foreign regulation deals with them. This Thesis consists of five chapters which are subdivided into subchapters where it is necessary. The first chapter follows the purpose, object and legislation of the criminal trial together with introduction to the forthcoming recodification of the criminal procedure law, which should follow the recent recodification of the criminal substantive law. The second chapter deals with the basic principles of the criminal proceeding which apply to the criminal trial. The aim of the third chapter is to outline the process before the criminal trial itself, while...

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...

The right of any person accused of a crime to be defended at a court by a professional defence counsel is a fundamental element of a democratic criminal proceeding. The aim of this diploma thesis is to analyse the position of the defendant as it is regulated particularly within the code of criminal procedure and the advocacy act, to gather and to summarize available information from various publications written by important Czech jurists and to add a brief introduction to the history of the position of defence counsels in the Czech legal system as well as some own minor remarks related to this topic. The thesis consists of 10 main chapters further divided into two levels of sub- chapters. After a brief introduction (chapter 1) follows the chapter related to a general concept of the defence right and relating issues such as the formal and material defence and the relevant sources of law. The third chapter contains short summary about the development of the counsel's position and the law regulating it throughout modern history from 19th century, up to this day. The following chapter which is the largest is called "Position of the defence counsel in the criminal proceedings". It contains a several sub-chapters dealing with various issues from general ideas of a role of the defence counsel to the...

IV. Summary This thesis deals with legal elements of a child interrogation and psychological elements of this interrogation as well. This thesis deals both legal and psychological elements and, at the same time, a comprehension of their interconnection. Introduction part is focused on general, historically embedded child protection and personal experience over several years in working with children. At the same time, the development of methods of education is mentioned, which is connected, among other things, with the liberalization of society. The first chapter of the text is devoted to the personality of the child and their legal status from the historical point of view, as well as the developmental periodization, which is according to Vaclav Příhoda divided into 7 periods. In more detail, is presented the first and second childhood period, puberty and adolescence periods are analyzed as well. This chapter also focuses on the factors that influence youth. These factors include family and related heredity, school facilities, and other child groups. The main theme of chapter two is to outline the basic features of interrogation according to current criminological theory. Attention is paid to both the general distribution of interrogation and its preparation and division of its stages, which is distinguished...

APPEALS IN CRIMINAL PROCEEDINGS ABSTRACT This thesis tries to describe the legislation of appeals in criminal proceeding in the Czech Republic. The aim is to present information on the historical development of remedies in criminal proceedings, on the basic principles of criminal proceedings, on the recent legislation of appeals in criminal proceedings, then a short comparison of the legislation in Austria and finally to point out to some of its deficiencies and suggest their solutions. The introduction of the thesis gives the basic information on the work itself, its aims and reasons which convinced the author to choose this topic. The first chapter of it is devoted to a short description of the legislation of remedies in history. Then, the basic principles of criminal proceedings and their effects on remedial proceedings are described. The third chapter focuses on the basic classification of remedies in the Czech Republic. The most exhaustive chapter with the analysis of the legislation of appeals follows. The biggest part in it is devoted to the description of remedial proceedings and several institutes are criticized here. Time periods, entitled person, the requirements for the content of an appeal, proceedings before the Court of First Instance, proceedings before Appeal Court and finally proceedings...