SUBSTANTIVE LAW PROCEDURAL LAW CRIMINAL PROCEDURE CIVIL PROCEDURE

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Presentation transcript:

SUBSTANTIVE LAW PROCEDURAL LAW CRIMINAL PROCEDURE CIVIL PROCEDURE Eliška Charvátová

Substantive law Establishes rules of conduct and penalties Law which creates, defines, and regulates rights and obligations Defines the legal relationship of people with other people or between them and the state Stands in contrast to procedural law

Civil Code

Procedural law = adjective or remedial law Prescribes the method of enforcing rights or obtaining redress Prescribes how to proceed in court

Civil procedure Code

CRIMINAL PROCEDURE Procedure by which are detected crimes and their perpetrators, and ensure their fair punishment Public Law Parties Stages Principles Punishments

Parties of criminal procedure Bodies active in criminal proceedings 1) court 2) prosecuting authority 3) investigators (police) Accused defendant convicted Injured Or other participant

Stages of criminal procedure Preliminary proceedings Preliminary hearing of the indictment Trial Appeal Enforcement of judgment

Principles of criminal procedure Principle of a prosecution on legal grounds Principle of officiality Principle of legality Principle of public hearing Principle of oral proceedings The presumption of innocence Etc.

Punishment Conditional  Unconditional sentence Imprisonment Loss of honorary degrees and awards Community service Loss of military rank Ban on work Forfeiture of property Fine Deportation Ban on residence

Protective measure Protective treatment Protective education offender is not criminally responsible due to insanity Protective education offender younger than 15 years old  Head of the state has a right to grant a pardon or amnesty (general pardon) during the criminal procedure.

CIVIL PROCEDURE One of three basic types of procedure (with criminal and administrative procedure) Procedure of decision-making authority (court), parties and other participant in discussing and deciding private disputes and other legal matters Private Law Kinds of civil procedure Principles

Kinds of civil procedure Discover proceedings Enforcement proceedings Insolvency proceedings Arbitration Hedging proceedings

Principles of civil procedure Disposition principle Principle of public hearing Principle of equality before the court Principle of oral proceedings Principle of free evaluation of evidence Etc.

Can you tell me some examples of criminal and civil procedures?

Civil procedure Criminal procedure The debtor and the creditor Divorce Property disputes Etc. Murder Robbery Selling drugs Etc.

Sources: New Introduction to Legal English, Marta Chromá Teorie práva, Jaromír Harvánek a kolektiv Websites My notes from lessons

Thank you for your attention and have a nice evening! 