The topic of this thesis is "Proceedings for administrative transgressions against the safety and smooth highway traffic". Although there is no such special type of proceedings, it is an issue which deserves an attention. Every one of us is a part of highway traffic every day. Therefore it is important not only to know the rules by of it but also the rules and principles of the proceedings in which are transgressions against safety and smooth highway traffic heard. The aim of this thesis is to provide the complex summary of the proceedings for administrative transgressions against the safety and smooth highway traffic and to give notice of its unusualness from the basic proceedings for administrative transgressions. This thesis also points out the inaccuracies, wrongness and ambiguities of the proceedings' rules and also reflects and comments the latest amendments to relevant acts. The thesis is divided into nine chapters, from which the first and the last ones are introduction and conclusion. The second chapter clarifies the term administrative transgressions. The third chapter briefly describes the administrative transgressions against the safety and smooth of highway traffic and the interests safeguarded by them. The fourth chapter gives the overall summary of the administrative proceedings. The...

Remedial measures in criminal law are set mainly to eliminate and correct mistakes, which have occurred in the course of the trial. It acts as a review and a remedy of law and legal defects. It can be divided into regular and special ones. Amid the regular remedial measures belong appeal, complaint and protest, to a group of special remedial measures belong apart from a renewal of proceedings, a review of an appeal and a complaint for the breach of law. Renewal of proceedings is a special remedial measure, which brings with itself interference into legal power. Renewal of proceedings with which one can contest only some legitimate decisions, in which criminal prosecution has already finished, is used for a removal of shortcomings in factual findings, because at that time all the decisive facts had not been known and the evidence, which came up only after the former decision has come into legal force. New evidence or facts underlying this extraordinary breach into inalterability and binding of judgments made in criminal proceedings are only the facts that were not part of evidence or survey or were not applied by any of the parties engaged in the proceedings and the only evidence that was not designed nor made by either party during the proceedings. As new evidence can be even used evidence already...

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...

Remedial and supervisory measures in tax procedure The major aim of my thesis is to characterise and analyze each legal means of protection used in tax procedure with putting emphasize on conditions of using them and ways of protection they providing especially the taxable entities. The next purpose is to compare the selected aspects of the remedial and supervisory measures according to the current and previous legislation. The main part of my work focuses on the remedial and supervisory measures regulated by a Tax Procedure Code, but there are briefly mentioned other legal means of protection contained in the same act and also the judicial means of protection regulated by the relevant procedure codes. The analysis of these legal instruments is based on diction of the legislation and also the relevant judicial decisions. The thesis points out the disputable provisions of their regulation in the Tax Procedure Code too. My thesis is composed, besides Introduction and Conclusion, of other five chapters, mainly dealing with each of the remedial and supervisory measures. Chapter One defines the basic terms used in my work and characterises generally legal means of protection coming into consideration in tax procedure. This chapter is divided into three parts. Part One illustrates possible division of...

Participation of the Counsel in the Preliminary Proceedings A right of defence is one of basic rights of democratic state of law. It is contained in various international treaties and also in our constitution, namely in article 40 of Charter of Fundamental Rights and Basic Freedoms. In case of criminal procedure it is further adjusted in Criminal Procedure. Representation by a defence counsel is one of the main ways how to fulfill a right of defence. A defence counsel becomes essential compoment of criminal procedure. Especially in preliminary procedure is defence counsel and his services irreplaceable. For that reason I decided to examine the role of defence counsel in preliminary procedure. My diploma thesis consists of five chapters, whilst first chapter is introduction and last conclusion. First chapter is an introduction into topic of right of defence and role of defence counsel in criminal procedure. It also deals with legal sources of right of defence and its brief history form 1873Criminal procedure until recent Criminal procedure. In second chapter of my thesis I deal with right of defence in general and with different concepts in several subheads. Therefore subheads deal with problems of representation by defence counsel and subsequent mandatory defence. Subheads also deal with chosen and...

A heated debate was going on during the past few years among Czech lawyers concerning punishment of legal entities. It culminated as the law on criminal liability of legal entities and proceedings against them was passed. However, this has not solved all the problems of legal regulation of delicts committed by legal entities. The question of reform of administrative punishment remains relevant. The current legislation suffers numerous defects, in particular its incompleteness, which has to be addressed in legal practice by using laws whose primary field of application lies elsewhere; those laws do not address all the peculiarities of administrative punishment of legal entities. While the main discussion is centered on substantive law, proceedings for administrative delicts of legal entities deserve attention as well. My thesis is divided into four parts. The first part briefly outlines the historical development of the proceedings for administrative delicts of legal entities. The second part provides a brief overview of the current state of egislation, focusing on the sources of lw. The third part deals with general principles of law relevant for proceedings for administrative delicts of legal entities, especially the right to a fair trial, as described in the Convention for the Protection of Human Rights...

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.

English summary The aim of my thesis is to analyze the Institute of assets in insolvency proceedings, which will try to break down with regard to the structure of the provisions governing it in the Insolvency Act and also to make a comparison with the bankruptcy in the Act on Bankruptcy. With regard to the re-codification of private law and consequently the planned amendment to the Insolvency Act, it is necessary to further outline the changes of assets which that amendment would bring. I chose the topic of my thesis because of interest in the legal industry and also because of the knowledge of insolvency law with regard to the increasing importance of this area of law as a result of the increasing number of bankruptcies. The thesis is divided into six chapters dealing with various aspects of the assets. The first chapter provides a basic definition of assets and defines its scope, which is different according to the person lodging the bankruptcy petition. This chapter also sets out specific things, rights and other assets belonging to the assets or y those that do not belong. The second chapter discusses the process of identifying the contents of the assets. This chapter describes the different procedures and privileges of insolvency administrator. It also describes the obligation of debtor, public...

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...