National Repository of Grey Literature 467 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
The applicability of criminal law statues
Sýkora, Michal ; Jelínek, Jiří (advisor) ; Musil, Jan (referee) ; Fryšták, Marek (referee)
The applicability of criminal law statues (abstract) The submitted thesis is focused on the applicability of criminal law statutes and aims to summarize the current legislation regarding the applicability of criminal law statutes, assess its current state, draw attention to any legislative gaps and propose possible de lege ferenda changes. The usual focus of university textbooks might suggest the applicability of criminal legislation is a matter more or less brief, which does not require a special level of attention. However, the opposite is true. The applicability of criminal legislation is a rather broad and diverse topic, its legal framework can be found both in substantive and procedural law, as well as in regular law, constitutional law and law of international treaties. A detailed theoretical research and the solution of individual cases uncovers a number of subquestions, not only in criminal law, but also in a number of other areas of law. There are four basic aspects of applicability: temporal, territorial, personal and subject matter. Every single one of those has a rich history in theoretical, statutory and case law development. Despite such history, it remains an ongoing issue, both from the perspective of professional and general public alike. The matter is also a part of the regular occupation...
Juvenile justice - Comparison of swiss and czech law
Hurychová Peroutková, Lucie ; Jelínek, Jiří (advisor) ; Ivor, Jaroslav (referee) ; Mencerová, Ingrid (referee)
1 Juvenile justice - Comparison of swiss and czech law with focus on criminal procedure Abstract anglicky This thesis focuses on comparison of Czech and Swiss form of juvenile justice. The opening chapters briefly summarize the Czech law no. 218/2003 Sb., basic principles of juvenile criminal procedures, concept of his criminal liability and sets out sanctions - educational, protective and penal - which can be assigned to a juvenile person. Then a Swiss version of juvenile law is introduced (the "Jugendstrafgesetz") together with juvenile criminal procedures law ("Jugendstrafprozesordnung"). Also these chapters cotains introduction of basic principles of both laws, a detailed description of respective penalties ("Strafen") and protective measures ("Schutzmassnahmen") and their execution. The juvenile criminal procedure, its specifics and details, is described in Chapter 4, followed by the analysis of laws, comparisons of specific penalties and protective measures. This is supported by recent statistic of juvenile criminality, decisions of special juvenile courts and age limits for criminal liability throughout Europe. Swiss judgements are supplemented by an overview of type and length of respective sanctions and execution of protective measures of placement. The goal of this thesis is to show a different...
Czech and Polish legal regulation of criminal liability for drug offenses
Rosůlek, Adéla ; Jelínek, Jiří (advisor) ; Kuchta, Josef (referee) ; Bohuslav, Lukáš (referee)
The dissertation thesis about Czech and Polish legislation on drug offenses deals with driving under the influence of addictive substances, responsibility for acts committed under the influence of addictive substances, drug possession, cannabis cultivation, production and distribution of drugs, handling of articles for drug production and spreading drug addiction. The aim of this work is to bring a critical view of the current Czech legislation on drug offenses and related issues and then to present specific legislative proposals based on comparison with Polish law. The thesis analyzes the Polish and Czech legal regulations of drug offenses and brings a comparison of the facts of the aforementioned crimes and specific case studies. The work is based on legal regulations and case law of both countries, practical knowledge and also available statistical data. The thesis deals with the legalization of drugs comprehensively, including the arguments for and against legalization, wich are used in the Czech Republic and Poland. It addresses the legalization of cannabis on the example of Holland, the USA and Uruguay, as well as the availability of hard drugs in substitution programs in the Czech Republic and Poland. In conclusion the thesis gets to the explanation how the Czech legislator should proceed...
The Victim in the context of Restorative justice
Dleštíková, Tereza ; Jelínek, Jiří (advisor) ; Bohuslav, Lukáš (referee) ; Kalvodová, Věra (referee)
The purpose of the thesis is to confirm or disprove the hypothesis whether alternative methods of crime resolution and restorative programs bring advantages and benefits to the victims of crime. For that reason I perceive the victims of crime from the Restorative justice's point of view trying to identify their interests, needs and expectations arising from the criminal event and trying to get to know whether the criminal procedure, as well as its alternatives, is able to fulfill them. Therefore the thesis is composed of four chapters, each of them dealing with different aspects of the victim from the restorative perspective. The first chapter of the thesis is dedicated to the theoretical analysis of the concept of Restorative justice. It deals with the principles of restorative and retributive paradigms and their relation, it briefly discusses the theory of conflict and describes the restorative process, its principles and the stakeholders - the victim, the offender, their communities of care or their social circles and, last but not least, the facilitator. The stakeholders are a crucial part of the process, as the Restorative justice considers the crime as a social event with negative impact not only on the victim and the offender but also on the society and a social peace, so for that reason the...
Sanctioning of adolescents - comparative study
Budayová, Lucie ; Jelínek, Jiří (advisor) ; Gřivna, Tomáš (referee) ; Kalvodová, Věra (referee)
The thesis focuses on the issue of sanctioning juveniles in the Czech Republic according to the Act No. 218/2003 Coll. on the criminal responsibility of juveniles and jurisdiction of juveniles (hereinafter referred to as the "Juvenile Justice Act"). The aim of the thesis is to analyze the Czech legal regulation of sanctioning juveniles, compare it with foreign legal regulations, evaluate the knowledge from application practice and find out the frequency of use of individual institutes with regard to the extent of application of restorative justice elements. It compares various periods of the development of legislation in this area in the Czech lands and focuses on circumstances and reasons for adopting the Juvenile Justice Act. It examines whether the system and types of sanctions, as well as other solutions to criminal matters of juveniles, which the legislator has regulated in Juvenile Justice Act, correspond to the needs of juveniles and whether it can truly represent an effective solution to their situation and at the same time effectively protect society. It analyzes in detail the various possible ways of responding to offenses committed by juveniles, critically evaluates them and compares them to responses to adult offenders. It also apprises readers of an analysis of the frequency of use of...
Protections of the injured party in criminal proceedings
Stuchlík, Jakub ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The subject of this diploma thesis is the protection of an injured party in criminal proceedings. Throughout the thesis author analyzes the relevant laws, specialized legal literature and case laws. When there is a debate amongst the professional public, author summarizes the key arguments and provides his own perspective. The paper provides a general definition of the term injured party, which includes a positive and negative definition and distinction between the terms injured party and a victim. The author more closely examines when the injured party is not allowed to exercise his rights. There are also described, from the view of current legislation and also de lege ferenda, the circumstances under which a person is not allowed to join the criminal proceeding as an injured party. Furthermore the author breaks down the rights of an injured party with the emphasis being put on the right of the injured party to consent to prosecution and the right to demand for his/her claims to be satisfied in accordance with the 59/2017 Sb., on the use of funds acquired from property penal sanctions imposed in criminal proceedings, which has been in effect for over a year now in March 2019. The paper also examines collateral proceeding, especially the conditions under which the injured party can assert his claim...
A pecuniary punishment - its advantages, drawbacks and application
Šeba, Jan ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
In the Western States, a pecuniary punishment represents a proven alternative to (un)conditional imprisonment. By joint effort of the Supreme Public Prosecutor's Office and the Supreme Court, the pecuniary punishment has become a trend over the last few years also in the Czech Republic. Why should criminal justice bodies strive for more frequent imposition of the pecuniary punishment? In which cases is the pecuniary punishment an appropriate criminal sanction? And how is, or rather should be, the pecuniary punishment imposed and enforced? The submitted master's thesis draws attention to the obstacles of effective legal regulation and its inconsistent application. It deals with substantive and procedural aspects of the matter, relevant case law and statistical data. Conscious of the limits of comparisons in criminal law, the author also takes into account the law of Germany, Austria and the Netherlands. The first part of the thesis deals with the pecuniary punishment in general. The diploma candidate describes its purpose, position in the system of criminal sanctions and basic characteristics. A closer look is taken at the new way to satisfy the injured person, which was introduced on 1 January 2018 by Act No. 59/2017 Sb., on the use of financial resources from proprietary criminal sanctions imposed...
Defence by the defence counsel in the trial
Vrátilová, Alena ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Defence by the defence counsel in the trial Abstract The main aim of the thesis is the defendant's right of defence, which applies throughout the criminal proceedings in the form of formal and material defence. In the thesis, the emphasis is placed on the defense counsel of the accused, especially his role in the trial. The author of the thesis tries to define the rights and obligations of the defense counsel in a factual and concise way so that it is clear when the law is exercised and when it is misused and when the role of the defence counsel is misunderstood. The thesis is thus very up-to-date and clearly beneficial for practitioners in the field as it is evident from the review of disciplinary decisions of the Czech Bar Association that the practice still raises many problems in the field of defense as well as the rights and duties of the defence counsel. The thesis is divided into two parts, the first part of the work generally discusses the bases of the rights of the defense and the position of the defense counsel in criminal proceedings, while the second part focuses on the specific features of the defence in the trial. The first chapter of the thesis closely analyses the right of the accused to defense in the context of fundamental human rights and freedoms with reference to national and...
Criminal law regulation of protection against terrorism in the Czech Rpublic
Janoušková, Kristýna ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
1 Criminal law regulation of protection against terrorism in the Czech Republic Abstract This diploma thesis deals with the criminal law regulation of protection against terrorism in the Czech Republic. Its aim is to characterize this criminal law regulation, including selected related topics. The thesis is divided into four chapters. The author first introduces the reader to the issue of terrorism through a short historical excursion, then focuses on various definitions of the term terrorism and describes its characteristic features, principles, types, forms and presents it in the context of organized crime and extremism. The second chapter deals with instruments of protection against terrorism. An essential term in this context is anti-terrorism or counter-terrorism, which is a set of measures and activities aimed at preventing, suppressing and eliminating the consequences of terrorist acts and implemented through so-called "anti-terrorism policy". First of all, in this chapter, the analysis of individual terrorist threats and their relevance for the Czech Republic positively answers the question of the need for instruments of protection against terrorism, accented also by a sub-chapter dealing with phenomenon of lone wolfs and foreign terrorist fighters. Finally, two basic concepts of anti-terrorism...
Insanity - Comparison of Czech and Americal legal concept
Břenková, Anna ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Insanity: Comparison of Czech and American legal concept Abstract The aim of this thesis is to capture the essence of the institute of insanity from the substantive point of view according to the Czech and American legislation and to deduce any differences from them. First, the continental legal system on which the Czech legal order is based is compared with the Anglo-American legal system from which the American legislation is derived. Subsequently, the basic pillars of the Czech legal order including the position of criminal law are defined. Attention is also paid to the political system of the United States, because, as a result of federalism, there are two levels of law that have a significant impact on national legislations. Hereupon, the structure of criminal liability according to Czech law is analyzed. Since the prerequisite of criminal liability is the commission of a criminal offense, this is also defined. For the purposes of comparison, circumstances excluding punishability as well as circumstances excluding liability are outlined. Due to the fact that US law is based on common law, criminal liability is defined both from the perspective of common law and the Model Penal Code, which are of the basic sources of US criminal law. Next part of the thesis is focused on the institute of insanity in the...

National Repository of Grey Literature : 467 records found   1 - 10nextend  jump to record:
See also: similar author names
12 JELÍNEK, Jakub
10 JELÍNEK, Jaroslav
14 JELÍNEK, Jiří
14 JELÍNEK, Josef
12 Jelínek, Jakub
32 Jelínek, Jan
10 Jelínek, Jaroslav
14 Jelínek, Josef
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