66 The credibility of testimony in criminal proceedings Abstract This thesis focuses on assessing the credibility of testimony in criminal proceedings with a closer focus on assessing the credibility of testimony by investigative, prosecuting and adjudicating bodies. For this purpose, in the first part of the thesis, the author defines the term "testimony", describes its role in the criminal proceeding and distinguishes its role in the criminal proceeding as opposed to that in the civil proceeding. Then, the author defines the term "interrogation" and identifies institutes of criminal law applied in the course of criminal proceedings, by which the testimony is obtained. In the following, third chapter, the author focuses on the explanation of the concept of credibility of testimony, and differentiates its various types. In the fourth and fifth chapter, the author identifies, describes and evaluates possible ways of assesing the credibility of testimony by investigative, prosecuting and adjudicating bodies in context of current case law. Special attention is paid to expertises, their assignment, interpretation and evaluation. The author analyzed current legislation and case law, and the options they offer for assessing the credibility. The formulated hypotheses have been confirmed. Current legislation...

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...

The thesis, titled The Selected Aspects of Environmental Law in the legal theory and practise was written on a base of interdepartmental cooperation between FŽP (Faculty of Environment) and PEF (Faculty of Operation and Economy) at ČZU (Czech University of Agriculture). The main idea of the thesis is to make a study of criminal law development from a standpoint of the society interests since the force of legislation Nr. 140/1961 Sb. (Code), criminal law, until the present time, when the law mentioned above was replaced by the law Nr. 40/2009 Sb. (Code), Penal Code. The study takes quite a long term period, from 1961 to 2015. In the theoretical part I primarilly tried to characterise the rank of interest within the branch of criminal law, with the focus on the substantive criminal law. At the same time I tried to determinate its relationship to the international law and the Czech legal system built on two basic constitutional laws Constitution of the Czech Republic (i.e. Constitutional law Nr. 1/1993 Sb. (Code), as amended). Then, in the practical part I wanted to characterise criminal offences development in the context of the substantive criminal laws mentioned above, with respect to the state system at the certain time, and in the context of society interests at that time, especially focused on the sphere of environment protection and criminal law usage together with the law characterised by ultima ratio principle, i.e. as the last possible means. I also made an analysis and comparism of statitistics data concerning registered criminal offences made by the Police of the Czech republic that was provided to me by The Police Presidium of the Czech Republic, Department of Analyses. The final part presents detected results that point out latent behaviour to environmant in the Czech Republic and the problems connected with quantifying losses. In this respect the law enforcement agencies try to solve the problem by taking in an expert in agreement with the legalities of § 105, Paragraph 1 of the Law 141/1961 Sb. (Code), Penal Code, when the expert makes an expertise according to the law enforcement agencies requests in which he objectively deals with the damage setting. Its determination is important for example for the right legal qualification of the criminal offence against environment. At the end of the thesis I also try to outline possible measures contributing to improving of current state of prosecution connected with criminal offences against environment with greater emphasis on respective efficiency.

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...

This thesis is focused on analysis of expert opinions on the business valuation. Its goal is to identify the most serious mistakes in expert opinions and how to prevent them. The analysis is processed using preselected criteria. Totally twenty-two expert opinions are analyzed. The conclusion is a quantitative summary of the results of analysis of expertise, as well as pointing out the most common shortcomings and proposals for their elimination.

The purpose of this thesis is to calculate the market value of Královský pivovar Krušovice a.s. Appraisal does not contain theoretic and practical parts but it consists of strategic and financial analysis, analysis of value drivers, financial plan and valuation.

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...

This thesis deals with the very topical issue in the sphere of the expert activity, which is requested by the general public at the same time. It sets a task of improvement, or better to saythe simplification in the approach to the appraising of real estate, with the aid of systemic methodology. There is as an example of the correct application of systemic methodology in the preparation of a sample expert opinion used in real estate (apartment house) located in Brno – Starý Lískovec. The property in question is appraised in accordance with the assignment by using the systemic approachonly after the evaluation of the current situation in appraising and discussing systemic methodology. A systemic approach to the appraising of aproperty is appropriately chosen largely because it better ensures the indispensable fact that, in the case of the expert opinion made by an expert, it is practically impossible to omit those important requisites which are inextricably linked to the expert opinion.

Subjetc of the Master's thesis: Economic and legal aspects of the valuation of an enterprise The purpose of the Master's thesis is to provide for an overview of business valuation process for audience having legal background and to deal with legal and economic aspects related to business valuation. This is reflected by structure of the Master's thesis which is initially focused on legal aspects of business valuation, thus providing a systematic and comprehensive overview of use of expert's opinions within the framework of Czech legal system and which subsequently deals with economic theory of business valuation. The synergy of economic theory, legal regulation and author's own practical experience should bring an added value to this thesis, which is the reason why the author applied for an individual topic of this Master's thesis, i.e. Economic and legal aspects of the valuation of an enterprise, which requires and combines knowledge from these areas. The first chapter defines the basic concepts related to business valuation. It deals with the definitions of terms such as enterprise in the meaning of a subject of valuation, definition of the value, expert as an individual, all in connection with expert opinions; and includes the applicable legislation regarding business valuation. The second chapter...

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...