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...

Made available in DSpace on 2016-04-26T20:24:05Z (GMT). No. of bitstreams: 1 mauricioaraujo.pdf: 436422 bytes, checksum: 6d1f2ed853ea14c4d94222c5a74fe3ed (MD5) Previous issue date: 2005-04-20 / The objective of this paper is to assess the constitutional bases that allowed Brazil to subscribe to the International Criminal Court and the resulting obligation to respect its jurisdiction and to provide judicial cooperation. Therefore this paper discusses the concept of State sovereignty, within the context of national and international law and its historical evolution, from the beginning of international law and the sovereign States up until the institutionalization of an international legal order with the enforcement of an international jus cogens, based on the pacific resolution of conflicts and on the universalization of human rights. The creation of the International Criminal Court is discussed from the principles of complementarity and non-intervention. This study analyses the compatibility between the International Criminal Court and the current concept of sovereignty, the system of the United States Organization, the treaties on human rights and the constitutional principles of criminal proceedings present in the Brazilian Constitution of 1988. In order to evaluate the compatibility among these systems, it was necessary to establish a comparison between the principles of criminal proceedings in the Federal Constitution of 1988, especially the due process of law and the principle of a fair trial, present in international treaties on human rights and in the international military courts of Nuremberg and Tokyo, in the ad hoc courts of the United Nations for the former Yugoslavia and Rwanda and in the International Criminal Court from the Statute of Rome. Finally, this paper analyses the principles of criminal proceedings in the International Criminal Court, as in the wording of the Statute of Rome, comparing them with the principles of a fair trial as determined by international treaties on human rights, which are a true international jus cogens. / Este trabalho tem como objetivo verificar os fundamentos constitucionais que permitiram ao Brasil aderir ao Tribunal Penal Internacional, a conseqüente obrigação de respeitar a sua jurisdição e de oferecer cooperação judicial. Para tanto, foi abordado o conceito de soberania do Estado em face do direito interno e internacional, sua evolução histórica, desde a origem do direito internacional e dos Estados soberanos até a institucionalização de uma ordem jurídica internacional, com a imposição de uma norma cogente internacional, ou jus cogens internacional, baseada na solução pacífica dos conflitos e na universalização dos Direitos Humanos. A criação do Tribunal Penal Internacional é abordada tendo em vista o princípio da complementaridade e da não intervenção. É realizada uma análise da compatibilidade do Tribunal Penal Internacional com o atual conceito de soberania, com o sistema da Organização das Nações Unidas, com os tratados de Direitos Humanos e com os princípios constitucionais do processo penal na Constituição brasileira. Para a verificação da compatibilidade entre os sistemas, foi necessário realizar uma comparação entre os princípios do processo penal da Constituição Federal de 1988, mormente o do devido processo legal, com o princípio do julgamento justo (fair trial), constante dos tratados internacionais de Direitos Humanos e nos tribunais militares de Nuremberg e de Tóquio, nos tribunais ad hoc da Organização das Nações Unidas para ex-Yugoslávia e Ruanda e no Tribunal Penal Internacional do Estatuto de Roma. Por fim, foram analisados os princípios do processo penal do Tribunal Penal Internacional, contemplados na redação do Estatuto de Roma, comparando-os com os princípios do processo justo previsto nos tratados internacionais de Direitos Humanos, que se constitui em verdadeiro jus cogens internacional.

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...

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...