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,...

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...

The diploma thesis „Circumstances and Legal Consequences of Daytime Road Accidents with Pedestrian“ deals with the interpretation of legal decisions on traffic accidents causes by the vehicle during the day and where the other participant was a pedestrian. The main aim of this work is to find the established limits for the assessment of fault in comparable accident situations. Basic concepts, as a traffic accident, participants of traffic accidents and the position of an expert in the criminal proceedings, are defined within the theoretical part of the thesis. It also deals with the biomechanical aspects of a pedestrian – vehicle collision and the violation of specific regulations. Approximately 1,530 judical decisions were studied and analyzed in the analytical part, of which 40 were selected, that correspond to the requirements of this thesis. In the analytical part there are also 4 expert opinions provided by the Institute of Forensic Engineering of Brno University of Technology, where the above – mentioned limits for the assessment of accidents were applied, as well as the decision according to the jurisdiction.

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.

The diploma thesis titled Interpretation of traffic accident analysis results in relation to related legal decision deals with the interpretation of legal decisions accidents with not giving right of way. The main goal of this thesis is to find an established line for assessing culpability for comparable accident situations. Before the analysis of the 230 court rulings measurement is performed to estimate the distance an speed, because it is closely connected with right of way. In the context of theoretical part is characterized by a right of way, an expert in criminal proceedings, the road traffic regulations, penalties and the factors that influence us while driving. The analytical part draws on 230 court rulings and 5 expert opinions provided by the Institute of Forensic Engineering of the Technical University in Brno. Conclusion of the analytical part an established threshold for assessing culpability for comparable accident situations is found.

Legal rules and regulations, which are engaged in forensic engineering including expert evidence’s requirements, are because of the difference of this sphere very universal and common. Due to this situation, legal orders and regulations can not standardize and harmonize expert procedures for particular branches or their specific parts. The Dissertation thesis is focused on a elaboration of the methodology procedure for expert evidence’s elaborations, which analyze defects and imperfections in new-built flats.

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...

Expert Opinion and Its Assessment Abstract Expert opinion is an important institute for professional evaluation of facts and is widely used in public and private law. This thesis primarily focuses on the examination of expert opinion as a means of proof from the point of view of civil procedural law. In civil procedure, an expert opinion often serves as a basis for issuing a court decision. For this reason, high requirements are placed not only on the persons of experts but on expert opinion itself as well. This thesis focuses on the judicial assessments of an expert opinion, i.e. the judicial evaluation of whether the expert opinion meets all the requirements that it should meet by law. Special emphasis is placed on the reviewability of the expert opinion, as it is a prerequisite for any evaluation. Furthermore, the criteria for judicial review of expert conclusions are determined and defined in this thesis. They include legality, relevance and truthfulness. The criterion of factual correctness is examined in more detail, as its application is the most conflicting within the academic circles. However, this work argues and concludes that the court should subject the expert opinion to a full assessment, including the review of factual correctness, otherwise a court decision could ultimately be a...

Název diplomové práce, abstrakt a klíčová slova v anglickém jazyce Title: The crime of drunkenness under the section 360 of the Criminal Code and its current issues Abstract: The Thesis primarily deals with possible theoretical approaches to the crime of drunkenness in continental law and with its legal regulation de lege lata in the Czech Republic. Further, the constituent elements of drunkenness are analysed, and the concept of actio libera in causa is not forgotten either. The provision on the crime of drunkenness under the Czech Criminal Code is also compared to the provisions in other states that are territorially and historically close. The approach to the crime of drunkenness is then examined from historical point of view. Second part of the Thesis concentrates on the problematic of proving the crime of drunkenness in practice in criminal proceedings, with emhasis on the role of the expert opinion in relation to the assessment of insanity and on the process of detecting addictive substances in the body system of an accused. The thesis also contains an analysis of some judicial decisions in which courts of first instance dealt with the crime of drunkenness. Key words: crime of drunkenness, insanity, addictive substances, expert opinion

This thesis deals with the issue of causation in disputes relating to compensation of damage to health. The aim of this work is to give a comprehensive interpretation of this issue. The work presents possible approaches of proving a causality between illegal misconduct during treatment and the damage caused to a patient. In medico-legal disputes patient must carry the burden of proof. It also compares the European legislation in relation to the necessary degree of proof with the main focus on German legislation and institutes created by the case law of German courts. Furthermore it presents the interpretation of causality in terms of the Principles of European Tort Law. The work deals marginally with certain aspects of proceedings concerning compensation of damage to health and expert assessment.