The submitted diploma thesis deals with one of the special methods of the taking of evidence in criminal proceedings known as human recognition or line up. This method is specified in the current legal regulation of section 104b, Act No. 141/1961 Coll., Criminal Procedure Code. Particular attention is paid to the general definition of human recognition "in natura". However, some less common ways of execution of this method are also mentioned, such as blank line up occurring in some foreign jurisdictions (especially in Poland). Further attention is then focused on possible significant defects during the process of recognition with its legal consequences. The whole issue is even more complicated when we take into account that recognition as a criminal method is essentially unrepeatable. The thesis analyses foreign researches carried out in some countries, especially in the United States of America. Attention is then focused also on legal regulation of line-up (parade) in England and Wales, because these countries use one of the most modern methods in the world, such as video parade or CCTV. The question of the obligation to passively pass the recognition is also mentioned. Legislation does not deal with many of important questions and details so it's necessary to build on case law and opinions of criminal law...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:358044 |
| Date | January 2017 |
| Creators | Dvořák, Marek |
| Contributors | Pelc, Vladimír, 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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