Criminal custody as an ultima ratio instrument This thesis deals with a criminal custody which is considered as the most serious instrument within criminal procedural security measures which should be used by law enforcement authorities only in the most extreme cases when all of the legal conditions are strictly fulfilled. One of the purposes of this thesis is to explicate, through personal freedom and presumption of innocence both guaranteed by the Czech Constitution and both significantly affected by custody, the importance of using this instrument only in situations without any other solution when is impossible to reach the purpose of criminal proceedings by using some of the more lenient measures, it means to use the custody just as an ultima ratio instrument. A crucial part of this thesis pays attention to the individual legal conditions of current effective legislation that should ensure observance of this principle also in practice. In the mentioned part the procedure of the authorities deciding on custody is analysed in detail that authorities firstly must resolve the question if the prosecution of a specific person is justified and if a certain specific degree of suspicion is achieved proving that this one perpetrated an offence. After that is necessary to investigate the existence of...

This thesis deals with the issue of the divorce of parents and child custody where its objective is to analyze the legislation concerning the divorce of parents and related legal regulation of child custody in the Czech Republic. At the same time, another objective of the thesis is to point out the elementary differences and, on the contrary, find the same elements between legal regulation of the divorce and child custody in the Czech Republic and England. The introduction to this thesis explains the reasons for the choice of the subject of the thesis, defines the structure of the thesis and its objectives. The first section of the thesis deals with the legal regulation concerning the divorce of parents and child custody in the Czech Republic. The first chapter is devoted to the definition of relevant institutes related to the subject of the thesis. The second chapter is focused on the enumeration and brief description of the source of law related to the divorce and child custody. The centrepiece of this thesis is represented within the third and fourth chapter. The third chapter deals with the analysis of divorce in the Czech legislation in effect including the issue of the restriction on divorce, there are clauses which protect the interest of the minor child and those which protect the interest...

Constitutional limits of personal freedom Abstract The Master's thesis deals with the extensive theme of restriction or deprivation of the personal freedom. The aim of this thesis is not to analyse the reasons for deprivation of personal freedom in detail, but to look at personal freedom as a whole. In the Charter of Fundamental Rights and Freedoms (the Charter), personal freedom is the highest-ranked right to be most often interfered with by the state. Any restriction of personal freedom must meet a number of conditions resulting from legislation, international treaties and the supreme courts' decisions. The main goal of this thesis is to evaluate the frequency and intensity of the deprivation of personal freedom in the Czech Republic. In this thesis I pose the question whether all these limits of permissible deprivation of personal freedom are respected in practice or not. In this thesis I do not deal with the term of imprisonment but I focus on the reasons of deprivation of personal freedom expressly enumerated in the Charter. The first chapter deals with a brief definition of the concept of personal freedom, its incorporation in our legal order and its implementation in international treaties. In the following section, I present the conditions of permissible deprivation of personal freedom resulting...

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