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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

Znalecké dokazování / Expert Evidence

Coufalová, Jana January 2011 (has links)
The thesis called "Expert proofs" deals with one of the types of proper evidence which is applied in cases when an expert report is necessary to clarify facts important for criminal trial proceedings. Thesis is divided into 5 basic chapters. The first chapter is introductory and talks about some of the general problems of expert laws - evaluation of the current legal regulations of expert's function - expert law and expert ordinance, especially from the point of view of the changes that these legal regulations have undergone as well as the forthcoming changes in the form of updating of the current law and preparation of a brand new law. It also talks about definition of an expert, especially the difference between a witness and a consultant, then briefly about their rights and duties in the criminal trial proceedings in general. The second chapter deals with the presence of an expert explicitly in criminal trial proceedings and is divided into three parts. The first one provides basic information about admitting an expert and its form. The second one concerns the definition of an expert's assignment and the third one concerns preparation of an expert report, in which the expert familiarizes themselves with the criminal case. The third chapter deals with the actual output of an expert's investigation, its...
2

Účast znalců a odborníků ve vyšetřování / Participation of experts and professionals in investigations

Prokopová, Jana January 2018 (has links)
Participation of experts and professionals in investigations Abstract The topic of the thesis is the involvement of experts and professionals in criminal investigations. It is a compilation work, using the content analysis of books, internet, and magazine sources. Following a brief background on the history of experts' activities, it focuses on the legal regulation of experts / expert witnesses and their conduct, in particular in criminal proceedings. Making use of professional literature, applicable legislation, and her own experience in pre-trial proceedings, the author defines the basic concepts of using experts in criminal investigations. Terms such as a professional, consultant to a body involved in criminal proceedings, expert witness, expert institute, expert opinion, and professional opinion are described in detail. The thesis then outlines the options of using various expert activities in investigators' work. Referring to her practical experience, the author presents the most frequently used forms of cooperation with experts, and current trends in applying professional opinions in pre- trial proceedings. The thesis also deals with certain methods of obtaining and assessing evidence relevant for criminal investigation. The selection and appointment of an expert, and the structure of an expert...
3

Problémy znaleckého dokazování v trestním řízení / The problems of judicial expertise in criminal proceedings

Kapounová, Jana January 2020 (has links)
The problems of judicial expertise in criminal proceedings Abstract Contemporary criminal proceedings are highly dependable on judicial expertise and in number of cases we encounter a situation where the determination of the facts is based on the expert evidence. However, judicial expertise is linked to a number of issues which damage the reputation of the field which is then considered to be untrustworthy by the general public. This paper is divided into 5 separate chapters dissecting the most commonly criticised practices by the general public. At first the issue of relegating responsibilities from the judge to the judicial experts is analysed. The author believes that there are two root causes to the problem, one being the factual accuracy of the provided expert evidence and the other being the unnecessary utilization of judicial experts. The aforementioned relegation of responsibilities places power in the hands of the experts whose work seldom meet the appropriate quality given the increased level of responsibility. Therefore the author further focuses on the problems with the quality of the expert evidence as well as examining the warranties provided by the current legislation and the shortcomings of this legislation along with the changes of it that are coming into effect as of 1 January 2021. The...
4

Trestný čin křivé výpovědi a nepravdivého znaleckého posudku dle § 346 tr. zák. / The Crime of Perjury and False Expert Report according to Section No. 346 of the Criminal Code

Vernerová, Monika January 2019 (has links)
The Crime of Perjury and False Expert Report according to Section No. 346 of the Criminal Code Abstract A great deal of media attention has been dedicated recently to cases of experts facing the charge of perjury and false expert report pursuant to Section No. 346 of Act No. 40/2009 Coll. of the Criminal Code (hereinafter referred to as the Criminal Code). These cases reduce the experts' credibility in the eyes of the public, cast doubts on their practice as a whole and are therefore commonly used as an argument for adopting a new Law on the experts' conduit. In accordance with the aforementioned facts, the goal of this thesis is to provide a further insight into the crime of perjury and false expert report under Section No. 346 of the Criminal Code. The thesis consists of an introduction, five chapters and a conclusion. The first chapter gives a historical overview concerning perjury and false expert report followed by the definition of Section No. 346 of the Criminal Code, including its specific elements, and finally an analysis of several disputed cases that call into question the conclusion of criminal liability under Section No. 346 of the Criminal Code, such as the expert's consultant, the processor of the expertise or the formal and the material witnesses. The following chapter is divided into two...
5

Znalecké dokazování v trestním řízení / Expert evidence in criminal proceedings

Borčevský, Pavel January 2017 (has links)
This thesis addresses the use of expert evidence in criminal trial proceedings. The author's primary aim is to present a thorough analysis of this highly specific form of evidence as contained in the Criminal Procedure Code, Act No. 141/1961 Coll., to identify its insufficiencies, and to suggest some potential legislative modifications. The author is aware that the role of an expert in criminal proceedings is also determined in part by the Act on Experts and Interpreters, Act No. 36/1967 Coll., but he deals with this organizational norm only marginally, as his main goal is to analyze the possibilities of using expert evaluations within the framework of criminal procedure. In this thesis, the author describes the historical development of this type of evidence, discusses the concept of the role of the expert in legal theory, and above all, presents his views regarding the law currently in effect, describing the use of expert evidence from its initial stages of appointment of an expert to the preparation and presentation of the expert opinion and the evaluation thereof. The author also takes account of some currently topical issues such as the confrontation of experts and the use of computer software in the expert's work. Given that recodification of the Criminal Procedure Code is currently underway,...
6

Psychologie vraždy / The psychology of murder

Rovná, Renata January 2013 (has links)
The main concern of this thesis is to describe the motivation of the offender of murder and psychological background of this extremely aggressive antisocial act. The whole work was conceived from the perspective of expert's witness work. It draws mainly on the knowledge of forensic psychology, as well as other border areas. It is based on a total of processing 38 expert witness statements of accused murderers. In this set, Schlesinger's concept of criminal motivation was applied by using a simple methodology. The aim was to verify whether it is possible to determine the nature of motivation. Also used was the opportunity of causal assessment recidivism, and compared the responses with expert witness's opinion if they were comparable. Both hypothesis were confirmed on significance level α = 0,05. Since this is a relatively unique set of explorands with high proportion of homicide offenders active in organized crime and hired killers, there were compiled descriptive statistics of the tested group, which was divided subsequently into two smaller criterion: murder by organized crime. Group "organized murderers" (n = 17) was compared with the file "unorganized murderers" (n = 21). Powered by TCPDF (www.tcpdf.org)
7

Znalec - psycholog v trestním řízení / Expert witness - psychologist in criminal trial

Kolková, Alžběta January 2016 (has links)
anglicky The aim of this diploma is to describe the role of an expert psychologist witness in criminal trial and to define purpose of forensic psychological assessments. It also tries to answer current questions related to the field of psychological expert opinions. The psychological forensic expert witness is appointed in the same way as other legal expert witnesses. That means he has the same rights and obligations as them. The first chapter is therefore devoted to connoisseurship in general. It deals with the historical development of expert witnesses, current applicable legislation and upcoming legislative changes in this area. The second chapter approaches other expert witnesses in court too. It includes number of forensic experts in various fields and compares expert psychologists to psychiatrists, who often provide their opinions alongside psychologists'. The main part of the chapter is left to expert opinions. It clarifies terms such as personality, intellect, memory, motivation and dangerousness of the offender, that are the most commonly evaluated aspects. Conclusion of second chapter summarises the expert opinions in selected EU countries and the USA. The final chapter is devoted to the expert report as evidence in criminal proceedings. In addition to the description of expert witnesses...
8

Porovnání cen bytového domu v k.ú. Břeclav stanovených dle platných oceňovacích předpisů / Price Comparison of an Apartment Building in the Břeclav Cadastral Area According to the Valid Valuation Regulations

Helešicová, Hana January 2010 (has links)
The Diploma work includes the valuation of a flat-building according to the valuation rules in Břeclav.The main line of this work is to give information about valuation of properties and concepts, which connented with these questions. In the conkrete there is a fixed price of flat-building and there are for methods for valuation of properties. The first task is to appoint the price of flat-building as a whole and the second is to appoint the prices of flats. The price of flat-building also includes outdoor alterations. There are used the methods for valuation. For flat-building it is a load and a decree way and their combination and for flats it is a comparing method.In the end it is necessary to find out the change of price of flat-buiding if the ownership is change. We found out that if the price will be appoint according to the combination of the load the decree wayand comparing method, the price of the sum of accommodation units will be higher than price of combi ation of the load and the decree way.
9

Analýza rizik znalecké činnosti v České republice / Risk Analyse of the Expertising in the Czech Republic

Složilová, Lenka January 2015 (has links)
This diploma thesis deals with risk mapping and investigation in the expert activity. To obtain further information, the questionnaire survey will be addressed to the experts from the Czech Republic as a supportive material of the diploma thesis. The part of the thesis will be focused on analysis and comparison of expert activity in neighbouring countries of the Czech Republic. The identified risks will evaluated based on the analysis of expert activity current state. The outcome of the thesis will be assessment of the situation in the Czech Republic and suggestions of measures leading to elimination of the risks as well as to reduction the occurrence probability or mitigating the impact of risks realization.
10

Znalec a znalecký posudek v civilním procesu / Expert and Expert Opinion in Civil Proceedings

Dörfl, Luboš January 2019 (has links)
Expert and Expert Opinion in Civil Proceedings Abstract This thesis combines the topic of expert opinion as an important means of proof in civil court proceedings with wider issues of expertise. That means it also deals with the conditions for the proper performance of the expert activity with a focus on its outcome - expert opinion. Understanding these relationships in their contexts can play an important role in seeking good practice in the judicial proceeding, evaluating an expert opinion by a court or even being subject to de lege ferenda considerations in the area of regulatory and procedural rules. Since the correct and effective use of this means of proof has a direct impact on the speed and cost efficiency of court proceedings, the issue of optimal setting of expert activity is currently highly up- to-date. Therefore, this thesis focuses first on the issues related to the activity of judicial experts, its legal regulation and deals with the analysis of the requirements of the expert opinion and the correct course of the expert in its elaboration. The next part follows a brief introduction to the theory of proof and represents an expert opinion as a specific means of proof using in civil court proceedings, which requires a number of partial steps. The work focuses on the effects of proper activity of...

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