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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

Neodkladné a neopakovatelné úkony v přípravném řízení / Urgent and unrepeatable acts in pre-trial proceedings

Cuperová, Katarína January 2020 (has links)
1 Abstract Urgent and unrepeatable acts are an integral part of criminal proceedings and it would be difficult for law enforcement authorities to detect perpetrators of criminal offenses without them. Despite their characteristic of denying fundamental human rights, their implementation is in some cases essential for finding the material truth. This contradiction between the state's effort to maintain security on the one hand and the individual's right to a fair trial on the other poses a risk of possible misconduct for the entire criminal proceedings. The aim of this work was to point out that their implementation has a significant impact on the overall outcome of criminal proceedings considering their changing probative value, or even their absolute ineffectiveness. The individual acts were gradually incorporated into the Criminal Procedure Code from the most general legal boundaries to their present form. However, even today, it cannot be said with certainty that their legal regulation corresponds to the current needs. An analysis of the case law of individual urgent and / or unrepeatable acts shows that their completion by courts is necessary. From the available analysis, the following factors were found to affect the probative value: (i) insufficient reasoning of urgency or non-repeatability, but also...
2

Neodkladné a neopakovatelné úkony / Urgent and unrepeatable acts

Kučera, Petr January 2020 (has links)
and keywords Urgent and unrepeatable acts Urgent and unrepeatable acts are procedural acts of criminal proceedings in which there is a conflict between the rights of the defense with the purpose of criminal proceedings consisting in the lawful determination of the circumstances of the commission of a crime and in the fair punishment of its perpetrator. This conflict is tolerated because urgent and unrepeatable acts are used to secure and take evidence that risks being thwarted, destroyed or lost, or evidence that cannot be taken in court proceedings. The aim of this work is to describe and analyze the conditions under which these, by their nature exceptional, acts of criminal proceedings can be performed and to analyze the consequences of non-compliance with these conditions. To this end, the first chapter described the structure of criminal proceedings with a focus on the structure of preparatory proceedings and analyzed the definition of urgent and unrepeatable acts, provided some typical examples and an analysis of the problematic definition of urgency. In the second chapter, in addition to the general conditions of evidence, the formal and material conditions for performing urgent and unrepeatable acts were analyzed, including the question of whether some additional conditions imposed on...
3

Neodkladné a neopakovatelné úkony / Urgent and Unrepeatable Acts

Zákravská, Jana January 2019 (has links)
Thesis title: Urgent and unrepeatable acts Abstract Urgent and unrepeatable acts are procedural acts of criminal proceedings that have two opposite aspects. On the one hand, there is an interest in combating crime, and an urgent or unrepeatable act can help law enforcement authorities to obtain evidence that might not be possible to prove at later stages of the criminal proceedings (whether after the prosecution or the proceedings before court), if the law enforcement authorities did not intervene without undue delay. On the other hand, the urgent and unrepeatable acts could be a significant interference with the rights of the defense, especially in cases where they are carried out before the prosecution begins. This is why there are special provision on the requirements for urgent or unrepeatable acts in the Criminal Procedure Code. The aim of the thesis was to analyze selected questions within the topic of urgent and unrepeatable acts, which are currently discussed mainly due to their insufficient legal regulation, and to propose de lege ferenda solution, if possible. These sub-themes included: (i) the requirements of the urgent and unrepeatable acts, in particular with regards to the misconduct of law enforcement authorities in meeting the requirement of proper justification of the urgency and...

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