Resumé This thesis titled The Scope of the Prosecutor in the Preliminary Criminal Proceedings presents a compact view on the prosecutor's role and activities in the preliminary proceedings. At this stage, the prosecutor has a vital role and is regarded as the master of the preliminary proceedings (dominus litis), for he carries the ultimate responsibility for its results. In the court proceedings, where he is accorded the party status, the prosecutor represents the public prosecution. In relation to the police authorities, the prosecutor has a number of privileges that enable him to supervise the adherence of legality in the preliminary proceedings. The work is divided into four main chapters. The first chapter discusses the legal base of prosecution as a body of public prosecution in the criminal proceedings. This chapter also characterizes the institute of external and internal supervision within the system of prosecution. The second chapter defines the preliminary proceedings as an obligatory, pre-trial part of every criminal proceeding. Furthermore, this chapter elaborates individual functions of the preliminary proceedings, including its forms and stages. The core of the thesis is the third chapter, which defines the actual scope of the prosecutor. First, this part deals with the prosecutor's...

This thesis on the topic of The role of the state prosecutor in the preparatory criminal proceedings is trying comprehensively discuss about activities of the state prosecutor in the preparatory criminal proceedings and possibly to point out individual legal shortcomings. The state prosecutor is an important factor and at the same time party of criminal proceedings. The state prosecutor has irreplaceable role in criminal proceedings, because with it is activities affects preparatory criminal proceedings. The role of the state prosecutor in the preliminary criminal proceedings is crucial because it is he, who bears responsibility for its results. The state prosecutor acts in preparatory criminal proceedings as a so-called dominus litis and has against the police very extensive powers. This thesis is divided into five chapters. The first chapter deals with historical development of Public Prosecutor's Office in the Czech lands since its inception into the present. The second chapter is devoted to the Public Prosecutor's Office and consists of several parts. Is dedicated to definition of the state prosecution, its organization and scope. This chapter also contains major actions of state prosecution and the view of German legislation of the Public Prosecutor's Office. In the focus of this thesis there...

Diploma thesis on the Powers of state prosecutor in preparatory criminal proceedings is trying to comprehensively discuss the individual powers of state prosecutor throughout the preparatory process. The role of the state prosecutor's during the preparatory proceeding is completely irreplaceable. Since the beginning state prosecutor is entitled to co-ordinate the police authorities, and thus form the case by defining the criminal act, the definition of the legal classification and by defining the necessary evidence. Supervises the legality of the preparatory proceeding and ensures that the implementation of procedural acts, that interfere with fundamental rights and freedoms not only of persons against whom the criminal proceedings is conducted, arein order and their nature is preserved. Finally, as the sole state prosecutor, decides whether the criminal justice will be performed in front of court. The thesis is divided into 7 chapters with practical addenda. The first chapter is introductory and defines the concept and purpose of the preparatory proceeding, its forms and basic characteristics of the various stages. The second chapter describes the state prosecutor as a chief of a preparatory proceeding and later focused on each power of state prosecutor during the preparatory proceeding. First, in...

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...

The impact of race within the American criminal justice system has seen long-term debate and has been studied by numerous social scientists. This dissertation examines the criminal justice system by analyzing data created by the Tennessee courts to determine whether race impacts the administration of Tennessee’s death penalty. This dissertation examines whether race impacts the overall administration of Tennessee’s death penalty, a Tennessee prosecutor’s decision to seek death, and a Tennessee jury’s decision to impose death. The impact of race at each stage is analyzed by logistic regression to isolate the defendant’s race, the victim’s race, and the racial interaction between them. Prior empirical research shows black defendants whose victims are white are more likely to receive death than white defendants whose victims are white. Prior research shows defendants whose victims are white, regardless of the race of the defendant, are more likely to receive death than when victims are black. The regression analyses reveal after controlling for heinousness of crime and the defendant’s dangerousness that race is not a predictive factor in whether defendants are sentenced to death in the overall application of the death penalty. The findings show that white victim murders, irrespective of the defendant’s race, have slight predictive power in whether prosecutors seek the death penalty, but white victim cases have the least predictive power of all variables that impact prosecutorial decisions. Murders involving black defendants and white victims, irrespective of their racial relationship, decrease the likelihood a jury will return a death sentence. When testing the racial interaction of defendants and victims, the only relationship that is a significant predictor in the Tennessee death penalty are murders with white defendants and white victims. Based on qualitative data from interviews with Knox County criminal court judges, this can be explained by heinousness of crime.

Crown selected youth diversion has received little academic attention in Canada. As a process that channels offenders out of the formal legal system, diversion purports to achieve contradictory self-serving system and offender-based goals. Using 50 randomly selected prosecution files – half of which the Crown diverted and half of which the Crown prosecuted – a mixed method investigation of diversion assesses cases through quantitative content analysis and grounded theory method. Based on the quantitative analysis, it is argued that there is an emerging patterned nature of Crown selected diversion that is not completely benign. This patterned nature of diversion unearths a distinctive discourse of diversion/non-diversion. Qualitatively, it is argued that the cases are organized around three temporal moments that create an area for distinctions to be made in terms of threat, responsibility, (in)tolerableness and recourse. Seemingly, there is a persistent paradoxical existence of the diversion process that emerges from the case files.

In March 19, 2004, That day was before the presidential election day, when The presidential campaign was in full swing, the President Chen and the Vice President was shot by a shooter. This criminal act shocked the whole world, and even the opposition parties argued this event had already changed the result of the presidential Election. After the presidential election, the KMT legislators and the PFP legislators are in the majority in The Legislative Yuan, and they passed ¡ythe Act of the Special Commission on the Investigation of the Truth in Respect of the 319 Shooting¡z(hereinafter the ¡§SCITA¡¨) without considering controversial issues. According to the law, the Special Commission on the Investigation of the Truth in Respect of the 319 Shooting (hereinafter the ¡§SCIT¡¨) was set up. December 15, 2004, J.Y. Interpretation NO.585 recognized the ¡¨SCIT¡¨ was the organization responsible for the exercise of investigation, and admitted the ¡¨SCIT¡¨ to be no violation of the Constitution. But the ¡§SCIAT¡¨ provided the power to ¡§SCIT¡¨ for ordering prosecutors and retrial, etc. There was in violation of the Constitution. The Legal Profession¡Bjurists and political scientists had different opinions with the character of ¡§SCIT¡¨¡Aand it also meant that the legislators of KMT and PFP challenged the independence of Taiwan¡¦s prosecutor system. Accordingly, they hoped the character of ¡§SCIT¡¨ can be similar with the¡¨ WARREN COMMISSION¡¨ in America. They even hoped to legislate for establishing the Independent Counsel System. Because they believe the prosecutor system in Taiwan cannot avoid intervention from politics or administrative organizations, so when a prosecutor investigates crimes, he might ignored some kinds of crime involving with high-position administrators. April 12,2004, a part of prosecutors from Shihlin District Prosecutors Office¡BTaoyuan District Prosecutors Office, and etc. They cosigned a public statement. It meant that ¡§Begin the independent prosecutor system, solve the crisis of the 319 truth and the innovation of prosecutor system to win-win situation¡¨. Their suggestion is establishing the independent prosecutor system to investigate some crimes involving with high-position administrators. Those prosecutors asserted that establishing the independent prosecutor System would be better than leading in the Independent Counsel System. And making the prosecutor a categoric judicatory position¡Battorney general substitutes the minister of Ministry of Justice to be the chief of the prosecutor system¡Ball prosecutor personnel matters decided by the prosecutor personnel committee, and etc. These methods will improve the independence of the prosecutor system, and avoid intervention from any illegitimate reasons. For the character of the Independent Counsel in America, it belongs to administration. United States Congress pass a law (Ethics in Government Act of 1978) to assure the Independent Counsel can exercise his power without interference. So the Independent Counsel in America is different from the prosecutor in Taiwan. Some constitutionalists claim that the Independent Counsel was in violation of constitution, and this contention was a key point of many reasons to make the law become void. According to these reasons, what is the difference between the Independent Counsel and the independent prosecutor system? Whether we must lead in the Independent Counsel System to solve the defect of the prosecutor system in Taiwan or not? Whether the power of control (one of the five powers of the government specified in the Constitution of the Republic of China) is analogous to the Independent Counsel System? Above-mentioned questions would be the topics of debate.

Many factors such as increase of the international crime rate, establishing of the free movement amongst the countries and others have been determining the importance of the international cooperation in the penal field, the aim of which is to administer justice in the penal actions, where the legal help from the foreign countries is needed. The competence of the law-enforcement officers is limited by the territory of the Republic of Lithuania thus in such cases when investigation data, witnesses or suspect himself are located in the other country, crime was committed by the country citizen abroad, convict is hiding in the foreign country etc. the authorities of the other country are addressed for legal assistance in penal action. The grounds for legal assistance are multilateral and bilateral treaties. Sending the requests and carrying them out according the national law fulfill it. Despite the fact that the communication between the two country's authorities is regulated in many acts of legislation, there are still many gaps. For instance, there are no laid down rules (except the rules regarding the European arrest warrant) when the requests for legal assistance should be send via the Office of the Prosecutor General and in which cases – via Ministry of Justice. This and many other issues are being solved in the practice relations that arise while communicating with other countries. The analysis of communication practice can be also useful as it often uncovers the... [to full text]

TITLE: Life of Josef Urválek AUTHOR: Bc. Alžběta Vašáková DEPARTMENT: Social Sciences and Philosophy Department SUPERVISOR: Prof. PhDr. Jan Županič, Ph.D. ABSTRACT: The thesis chronologically describes the life and career of the communist prosecutor Josef Urválek from his birth in České Budějovice, through the university studies at the Faculty of Law of the Charles University in Prague, the work in the First Republic, post-war and communist judiciary to the politically motivated end of his career in the Czechoslovak judicature. The thesis focuses on his activities at the Exeptional people's court in České Budějovice and at the same time at the State court in Prague during the most well-known but also less-known political lawsuits in the fifties. The last chapter is about the reflection of this unlawfulness during the political releasing in the sixties and about his understanding of the personal and legal accountability in the position of the state attorney of the communist judicature. The bibliography consists of juridical and historical literature, archive materials and newspaper articles. KEYWORDS: Josef Urválek, prosecutor, political trials, communist regime

1 Abstract The aim of this Diploma thesis is to analyse in the most comprehensive way the status, authority and operation of the Public Prosecutor in Preparatory Criminal Proceedings as well as related disputable issues. The investigation of all criminal offenses, the prosecution of persons who have committed them and the supervision over the compliance with the law in the pre-trial proceedings are the core competencies of the prosecutor throughout the criminal proceedings. A public prosecutor, also known as dominus litis or "master of preliminary criminal proceedings", is responsible for the results of the preparatory criminal proceedings, and it is he who puts forward the accusation to court or decides to terminate the prosecution in the preliminary criminal proceedings. The thesis is divided into five main parts which logically follow and are interconnected. The first part is dedicated to the history of the institute of public prosecution, whose current form has been shaped by years of evolution. In the second part, the reader is broadly acquainted with the Public Prosecutor's office. The main points of this part are the disputable constitutional delimitation, the transformation of the Public Prosecutor's office after the dissolution of Czechoslovakia, the current structure, its administration and...