| Abstract [eng] |
The MA thesis mainly analyzes the kinds of court decisions in the criminal procedure. Such analysis is closely interrelated with interpretation of the concept of court decision. It is concluded that the way how this legal category is understood determines the basis of classification of court decisions. There are cases when theory and practice present contradictory views about the relation between the court decision and its form. The author has chosen the historical, comparative and statistical analysis considering the stages of the criminal procedure; this is not the only criterion mainly depending on the law methodology on the grounds of which court decisions in the criminal procedure could be differentiated. On the basis of the chosen criterion, the kinds of court decisions which are directly dependent on the limits of court’s powers and characteristics of the stage of criminal procedure are analyzed in the thesis. While analyzing individual kinds of court decision, the question from the theoretical and practical aspect arises whether particular court decisions do not contradict to the nature of the powers of the court in separate stages of the criminal procedure. It is emphasized that in addition to final court decisions which complete the criminal procedure, the decisions providing for prerequisites for making the final decision play an important role too. With having in mind the individual contents of each kind of court decision, it should be remembered that these kinds are interrelated and certain consistent patterns could be observed. |
