The Master's Thesis deals with the issue of the choice of a defence counsel and attorney for a legal entity in criminal proceedings in the context of the right to a fair trial and the right to defence of a legal entity. Defence of a legal entity in criminal proceedings is exercised by persons authorised to act on its behalf. If those persons find themselves in the incompatible procedural position of an accused, a witness or a victim in the same case, they are excluded by law from all acts on behalf of the legal entity in criminal proceedings on the grounds of a presumption of conflict of interests. The title of the Master's Thesis is based on the conclusions of the case law of the Constitutional Court which case law, in order to preserve the right of defence of a legal entity, also grants a person in an incompatible procedural position of an accused or a witness the right to choose a defence counsel or an attorney for the legal entity, subject to other conditions described in this Master's Thesis. I get focused in the introductory part on the description of the rudiments of criminal liability of legal entities, I mention the legal regulation which is used in the Master's Thesis and I summarize what is its content. Subsequently, I deal with the definition of individual persons authorised to act on...
Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:448979 |
Date | January 2021 |
Creators | Hujerová, Věra |
Contributors | Jelínek, Jiří, Heranová, Simona |
Source Sets | Czech ETDs |
Language | Czech |
Detected Language | English |
Type | info:eu-repo/semantics/masterThesis |
Rights | info:eu-repo/semantics/restrictedAccess |
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