Magazine Státní zastupitelství 5/2017
- Investigating judge – illusion and reality (Jan Musil)
- Judicial decision-making and its jurisdiction – present and future (Jiří Říha)
- Relation between the police and prosecutors as part of the preparatory proceedings or the influence of the professional and professional level of the police body on the quality of such proceedings (Marek Fryšták)
- Criminal relevance of the order – part II. (Disobedience of the order as a crime, execution of the order as a circumstance excluding illegality) (Jan Dvořák)
- The issue of financial punishment in cases of criminal liability of legal persons (Alena Tibitanzlová)
- To evaluate the legality of the wiretap command (Jakub Matocha)
- The possibility of anchoring the conditional suspension of the execution of the prohibition of activity(Jakub Chromý)
Annotation of Articles from Státní zastupitelství 5/2017
Prof. JUDr. Jan Musil, CSc., soudce Ústavního soudu České republiky, email: firstname.lastname@example.org
Reflection on whether the prosecutor should also aspire to active evidence in preliminary proceedings in terms of personal evidence. The author think that such aspirations, if they are to be feasible, need to be somewhat tainted – such a possibility may be retained, but only for specific cases of certain types of crime.
JUDr. Bc. Jiří Říha, Ph.D.,soudce Nejvyššího soudu, odborný asistent katedry trestního práva PrF UK, email: email@example.com
The article focuses on participation of the judge in decision-making in the preliminary proceeding, whether to leave the current regulation or possibly to base it on or change it depending on the requirements of the practice or to completely change the system and replace it with others, for example by introducing the institute of the investigating magistrate.
Relation between the police and prosecutors as part of the preparatory proceedings or the influence of the professional and professional level of the police body on the quality of such proceedings
doc. JUDr. Marek Fryšták, Ph.D., katedra trestního práva PrF MU, email: Marek.Frystak@law.muni.cz
The context of this article is looking closer relationship between the police body and the public prosecutor in the preparatory proceedings. Its main part will be focused on the influence of the professional and professional level of the police body on the quality of the preparatory proceedings.
Criminal relevance of the order – part II. (Disobedience of the order as a crime, execution of the order as a circumstance excluding illegality)
JUDr. Jan Dvořák, pracovník státní správy
Following the first part and dealing with the term “order”, this contribution represents two distinct functions of the criminal order. On the one hand, the failure to execute the order, or the refusal of the order, criminal liability (offenses of disobeying the order and disobeying the order of negligence). On the other hand includes the execution of the order between the standard circumstances outliers excluding illegality in the law and in certain circumstances.
JUDr. Alena Tibitanzlová, interní doktorandka na katedře trestního práva PrF UK, email: Tibitanzlova.Alena@seznam.cz
This article deals with sanctioning of legal persons. In particular, it deals with the fine in cases of criminal liability of legal persons. The article analyses theoretical and also practical aspects of this kind of sanction. It is introduced by the chapter called conditions and problems of imposing the fine on the legal persons. After this chapter, the practical part of the article follows. It focuses on the imposing of the fine on the legal persons in the practice of Czech criminal courts (commentated statistics). The article is concluded by the analysis of selected judgements or penal orders, by which the fine on the legal person was imposed.
JUDr. Jakub Matocha, právní čekatel v obvodu Městského státního zastupitelství v Praze, email: firstname.lastname@example.org
Although there is a wealth of jurisprudence in the higher courts, there is still a discussion on the quality of the justification for the wiretapping order, in which cases orders can be judged unlawful. The Supreme Court, in its latest decision on this issue, has now set out how to proceed with the evaluation of orders or similar acts in cases where they suffer from partial defects. The presented text draws the conclusion of the Supreme Court and the case-law precedent.
The possibility of anchoring the conditional suspension of the execution of the prohibition of activity
JUDr. Jakub Chromý, Ph.D., MBA, státní zástupce Nejvyššího státního zastupitelství, email: email@example.com
In terms of domestic sanctioning policy, the author is seeing now a rather stormy interest in financial punishment, especially if it is intended to increase the number of cases in which it will be imposed. In this context, consideration is also being given to further criminal alternatives and their changes, one of which also leads to the possibility of anchoring the conditional suspension of the ban on the prohibition of activity, which the existing legislation does not know. A critique of such a variation is devoted to the submitted contribution.