Magazine Státní zastupitelství 3/2016

Mgr. Pavel Komár, náměstek vrchního státního zástupce v Olomouci

The author dedicates to the one of the most controversial issues of justice which is house search or search of other premises in the places where the lawyer practices law. He describes the most serious problems associated with this issue and thus arouse debate among experts.

JUDr. Miroslav Růžička, Ph. D., ředitel analytického a legislativního odboru na Nejvyšším státním zastupitelství Brno;
JUDr. Karel Šabata, Ph. D., soudce Okresního soudu v Uherském Hradišti

Public Prosecutor’s rights protection authority. This authority provides criminal justice. The State Prosecutor’s Office is part of the monitoring mechanisms of the state. The prosecutor must maintain an appropriate degree of freedom to exercise its powers. It is necessary to discuss the principle and opportunity. It is necessary to assess some aspects of private legal action.

JUDr. Miroslav Petrák, státní zástupce Okresního státního zastupitelství v Jindřichově Hradci

Theory of criminal law in the field of international judicial cooperation distinguishes legal aid in a broader sense and in the strict sense (legal assistance). In the first case it is a form of international judicial cooperation including a) legal assistance in the narrower sense, b) extradition, surrender and acceptance of criminal proceedings, the recognition and enforcement of judgments in relation to a foreign state, and finally) the transit of persons. The article discusses the general (but also selected from the perspective which is not marginal) particulars of a written document, which is addressed (sent) to foreign judicial (central) authority, which is the basis for the settlement of legal aid in the strict sense, in the measure of proof (burden agent) in a foreign country for the purpose of criminal proceedings.

Markéta Bartizalová, doktorandka katedry trestního práva PrF MU v Brně, asistentka soudce na Krajském soudě v Českých Budějovicích

Development of international criminal law is not linear. It reflects real situations in the world and it is possible to study it through the development of its executive organs, which are ad hoc International Criminal Tribunals and permanent International Criminal Court. For their existence it is extremely important, that they fulfil their function the best way possible, so that they prove the legitimacy of their existence and financial resources invested into them by the international community. If they do not, it could endanger their existence and together with it also the development of the international criminal law. The practice of prosecutors plays significant role in acceptance of International Criminal Tribunals and Courts by public and international community. This article deals with two important and also controversial aspects of prosecutors’ practice, where prosecutors have to be extraordinarily circumspect and careful, i.e. selection of situations and plea bargaining.