Criminal custody as a means of ultima ratio Abstract This diploma thesis deals with a custody in criminal proceedings as an institute which should, due to its strong intervention to personal liberty, be used in the uttermost cases. Although this conception has been enforced to the legal theory and also to the czech legislation for many years, it is necessary to state that practice has considerable reserves in this respect. With respect to planned recodification of criminal procedural law which could reflect needs of aplication, this thesis tries to look at custody in a broad scope focusing on options of subsitution of custody. Due to the fact that the custody cannot be perceive only within the limits of criminal law, the first chapter is devoted to guaranteed freedom on the constitutional level, i. e. personal freedom. To understand a context, the development of this fundamental freedom is briefly described. This thesis also submits its conception on the international and national standards. In relation to the custody, this chapter includes the solution of whether detention restricts personal freedom or deprives individuals of it. It also summarizes three fundamental principles od criminal proceedings which are strongly connected with the custody. The second chapter deals with custody directly. First it...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:453191 |
| Date | January 2021 |
| Creators | Strnadová, Pavla |
| Contributors | Galovcová, Ingrid, Tlapák Navrátilová, Jana |
| 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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