N_DTR Proof in criminal proceedings

University of Finance and Administration
Winter 2025
Extent and Intensity
2/1. 6 credit(s). Type of Completion: zk (examination).
Teacher(s)
doc. JUDr. Eduard Bruna, Ph.D. (seminar tutor)
doc. JUDr. Markéta Brunová, PhD., LL.M. (seminar tutor)
prof. JUDr. Jiří Jelínek, CSc. (seminar tutor)
JUDr. Ivo Polanský, PhD. (seminar tutor)
Guaranteed by
doc. JUDr. Eduard Bruna, Ph.D.
Department of Law – Departments – University of Finance and Administration
Contact Person: Bc. Tereza Švestáková
Timetable of Seminar Groups
N_DTR/cKKV: each odd Monday 17:30–18:14 KV204, each odd Monday 18:15–19:00 KV204, I. Polanský
N_DTR/cKPH: each odd Tuesday 10:30–11:14 S14, each odd Tuesday 11:15–12:00 S14, M. Brunová
N_DTR/pKKV: each odd Thursday 14:00–14:44 KV204, each odd Thursday 14:45–15:30 KV204, each odd Thursday 15:45–16:29 KV204, each odd Thursday 16:30–17:15 KV204, E. Bruna
N_DTR/pKPH: Tue 12:15–12:59 S01, Tue 13:00–13:45 S01, J. Jelínek
N_DTR/vBSKPH: Sat 27. 9. 14:00–15:30 E004, 15:45–17:15 E004, Fri 10. 10. 17:30–19:00 S01, 19:15–20:45 S01, Sat 15. 11. 9:45–11:15 E306, 11:30–13:00 E306, Sat 29. 11. 9:45–11:15 E004, 11:30–13:00 E004, J. Jelínek
N_DTR/vBSMO: Fri 31. 10. 17:30–19:00 M14, 19:15–20:45 M14, Fri 14. 11. 17:30–19:00 M14, 19:15–20:45 M14, Fri 28. 11. 17:30–19:00 M14, 19:15–20:45 M14, Fri 12. 12. 17:30–19:00 M14, 19:15–20:45 M14, J. Jelínek
N_DTR/vKKV: Fri 3. 10. 14:00–15:30 KV205, 15:45–17:15 KV205, Fri 17. 10. 17:30–19:00 KV205, 19:15–20:45 KV205, Fri 7. 11. 14:00–15:30 KV205, 15:45–17:15 KV205, Fri 21. 11. 17:30–19:00 KV205, 19:15–20:45 KV205, I. Polanský
Prerequisites
Completing the subject Criminal Law 1, 2 a 3
Course Enrolment Limitations
The course is offered to students of any study field.
Course objectives
The aim of the subject is to deepen the knowledge of procedural criminal law, particularly in the area of evidence in criminal proceedings, according to the current legal framework. The content of the subject builds on the basic course of procedural criminal law in the subject Criminal Law 2, which students completed in their previous studies. Evidence in criminal proceedings is one of the most important areas of activity of bodies involved in criminal proceedings and one of the biggest problems of the current legal regulations of procedural criminal law. Through evidence gathering, the bodies involved in criminal proceedings recognize the act that is the subject of the criminal proceedings and the subject of evidence. This act could not be observed by the bodies involved in criminal proceedings through their own senses, and therefore it must be reconstructed through a special type of procedure called evidence gathering, using special evidentiary means. The result of the evidence gathering is the basis for lawful and factually correct decisions in criminal cases. Students become more familiar not only with the current legal regulation but also with the foundations for the future recodification of Czech criminal procedural law. The determination of the factual state of affairs necessary for decision-making involves not only the authorities active in criminal proceedings but also the parties, subjects of criminal proceedings, and persons participating in the criminal proceedings. The relevance of evidential issues is further amplified by the current situation of criminal legislation in the Czech Republic. The ongoing reform of Czech criminal law, which was manifested in the Criminal Code (Act No. 40/2009 Coll.) in 2009, remains half-completed, as a completely new code of criminal procedure was not adopted; thus, the reform remains only a partial recodification. The Czech legislator adopted a completely new Criminal Code but did not adopt a completely new code of criminal procedure. The legal relations in the field of criminal procedure are governed by the frequently amended code of criminal procedure, i.e., Act No. 141/1961 Coll, which in many respects has long been inadequate. This also applies to the rules of evidence in criminal proceedings. In the future Czech recodified Criminal Procedure Code, the legislator will have to deal with a long list of questions regarding evidence in criminal proceedings. Through this subject, students can express their views on these questions as well as on a number of controversial issues of application or legislative practice.
Learning outcomes
Successful passing of the oral exam from the subject.
Syllabus
1. Czech criminal procedural law during the period of the half-recodification of criminal law. Briefly about the historical development of criminal procedural law in the territory of the present-day Czech Republic. The relationship between substantive criminal law and criminal procedural law. 2. Fair trial as a basis for evidence in criminal proceedings. 3. The concept, subject of evidence, preliminary questions. 4. Basic principles of criminal proceedings, guiding ideas of Czech criminal proceedings, their relationship to evidence in criminal proceedings. Application of the adversarial principle in evidence in criminal proceedings. 5. Basic concepts and principles of evidence, the course of evidence, subjects of evidence, division of evidence, procedural consequences of violating the regulations on evidence in criminal proceedings and related issues. 6. The course of evidence taking into account the individual stages of criminal proceedings. 7. Means of evidence in general, individual means of evidence (interrogation of the suspect, interrogation of the accused, interrogation of the injured party, etc.). Recognition and reconstruction as special methods of evidence in criminal proceedings. 8. Expert evidence, expert statements. Assessment of mental state and expert psychiatrist in criminal proceedings. Proving intellectual and moral maturity in proceedings in juvenile matters. 9. Participation of persons other than authorities active in criminal proceedings in the course and results of evidence in criminal proceedings. 10. Evidence within the framework of ordinary remedies, especially appeals. 11. Possibilities of referral within the framework of extraordinary remedies. 12. Evidence from the perspective of future legal regulation of the Czech Criminal Procedure Code.
Literature
    required literature
  • CHMELÍK, J., BRUNA, E., BRUNOVÁ, M., BORČEVSKÝ, P.: Dokazování v trestním řízení. Trestněprávní a kriminalistické aspekty. Aleš Čeněk, 2025, 350 s. ISBN 978-80-7380-983-6.
  • JELÍNEK, J. A KOL.: Trestní právo procesní. 7. aktualizované vydání, Leges 2022, ISBN 978-80-7502-683-3.
  • JELÍNEK, J. a kol.: Trestní zákoník a trestní řád s poznámkami a judikaturou. 9. aktualizované vydání, Leges, Praha 2022, ISBN 978-80-7502-637-8.
    recommended literature
  • JELÍNEK, J. a kol.: Dokazování v trestním řízení v kontextu práva na spravedlivý proces. Leges, Praha, 2018, ISBN 9789-80-7502-287-5.
Teaching methods
Lectures and exercises in full-time form, controlled group consultations in combined form; Minimum compulsory attendance at seminars / full-time attendance is 75%, in managed group consultations in combined form of study 50%.
Assessment methods
The course is concluded with a credit and an oral exam. The condition for credit is the successful passing of a written knowledge test on the lecture material and mandatory literature (30 questions, success rate 50% points). The criterion for passing the oral exam is the correct answer to 1 out of a total of 20 test questions, questions are asked.
Language of instruction
Czech
Further Comments
The course can also be completed outside the examination period.
The course is also listed under the following terms Summer 2017, Summer 2018, Summer 2019, Summer 2020, Summer 2021, Winter 2021, Winter 2022, Winter 2023, Winter 2024.
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