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Alternatives to unconditional sentence of imprisonment and their comparison with the French legislation
Kocourková, Kristýna ; Šelleng, Dalibor (advisor) ; Pelc, Vladimír (referee)
This thesis deals with alternatives to unconditional imprisonment. Since this is a very extensive topic, I have focused only on alternative sentences in the narrower sense of the term, namely conditional conviction, conditional conviction with supervision, house arrest, community service and financial punishment. The aim of this thesis is to analyse the Czech lawful legislation of alternatives to unconditional imprisonment, to compare it with selected French alternative sentences and to propose changes de lege ferenda. The thesis consists of an introduction, five chapters and a conclusion. The first chapter deals with the concept of punishment and its purpose. At the same time, this chapter outlines a general introduction to alternative punishments in Czech and French legislation. The second chapter deals with institutes related to restorative justice, namely probation and mediation. This chapter also describes the organisation of the Probation and Mediation Service. The third chapter focuses on individual Czech alternative punishments in the narrower sense. Individual subchapters are ordered according to the systematic of law. Within each subchapter the sentence is characterized, followed by a list of conditions under which the sentence can be imposed, as well as the conditions for the execution...
Contradictority in Criminal Proceedings
Vích, Jaroslav ; Mulák, Jiří (advisor) ; Pelc, Vladimír (referee)
IN ENGLISH The purpose of my thesis is to provide an analysis of contradictority in criminal proceedings, particularly the evaluation of contradictority that is protected in penal code and its manifestation within preliminary proceeding and proceeding in court. This thesis tries to summarize the concept of contradictority in criminal proceedings and take the preparation of reform in penal code into consideration. The second chapter defines fundamental differences between inquisitional and adversarial juridical system, from which current juridical system is formed, where the contradictority is applied with some distinctions in meaning. Furthermore, the reading and the concept of contradictority in juridical system in legal study of continental legal system particularly in domestic on is discussed. In this chapter it is also analysed how courts put reading of contradictority and its definition into practice. The final part consists of reform juridical system and its relation to contradictority, especially to its protection by the basic principles in criminal proceedings. Next chapter analyses the scope of the meaning of contradictority and trial principles are attached and used. It is divided according to the aim of the use more precisely it looks into the real condition of the case, defence law and...
Punishment of disqualification and its control
Raus, Pavel ; Šelleng, Dalibor (advisor) ; Pelc, Vladimír (referee)
Punishment of disqualification and its control Abstract The topic of this diploma thesis is the punishment of the disqualification and its control. The main goal is to describe and evaluate the legal regulation of this punishment in Czech criminal law and its application. This diploma thesis also proposes possibilities for improvements of the regulation in this field. In the first chapter the thesis deals with the place of the disqualification in the criminal law system, the purpose of this penalty and its possibilities as an alternative non-custodial measure. It also describes other legal institutions in different fields of law which also restrict freedom to perform some activities. The second chapter is focused on imposing the penalty of the disqualification. This chapter deals with the conditions under which this penalty may be imposed, its content and scope or its length. This part offers a view on application of this punishment via case law and Ministry of Justice statistics. The third chapter is focused on the specifics of the disqualification imposed on minors and on the differences of the punishment of the disqualification imposed on legal persons. The fourth chapter analyses the enforcement of judgments imposing punishment of disqualification. In this chapter, attention is paid to the period of...
Protective therapy and preventive detention
Rohnová, Anna ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Protective therapy and preventive detention Abstract The aim of the diploma thesis is to provide a comprehensive description of protective measures with an emphasis on two specific protective measures, namely protective treatment and security detention. These are criminal sanctions that are the result not only of a criminal offense, but also of an otherwise criminal offense. The basic function of these measures is not only to protect society from dangerous persons who have committed harmful acts on the basis of their mental disorder, sexual deviance or dependence on alcohol or other addictive substances, but also therapeutic effect on the personalities of these offenders so that their danger to society as minimized as possible and allowed them to return to normal life. The introductory chapters contain the basic characteristics of protective measures, their comparison with penalties and a brief description of the remaining protective measures, ie the institute will prevent things, prevent part of the property and protective education. The following chapter deals with the basic concepts that are closely related to both institutes, and whose understanding is crucial for grasping the whole issue. In the following chapters, I then deal in detail with the individual aspects of protective treatment and security...
Domestic violence by the criminal law and by the criminological aspects
Kopalová, Tereza ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
The rigorous thesis summarizes "Domestic violence by the criminal law and by the criminological aspects". The phenomenon of domestic violence is a part of the society since the beginning of time. However, the wider approach has been registered a few decades ago due to the feminist's activism. The comprehension of domestic violence in society has changed and it is considered as a common problem that inquires a complex interdisciplinary cooperation, an intervention and state assistance. This rigorous thesis consists of six chapters. In the introduction (introductory chapter), there is a description of domestic violence - definition, indications and dynamics. This part explains the general theoretical information about domestic violence that is necessary for understanding the phenomenon, the history of domestic violence and pathway to the adoption of the law that would regulate this problem. Furthermore, I introduce different types of the domestic violence, comparison of domestic violence with so-called stalking. The criminological part focuses on a violent person and a victim with typology of perpetrator/offender and victim. I specify possible causes that might influence the origin of domestic violence. The aim of this chapter is to summarize basic character features of an offender, who might...
The Consequences of Breaching the Rules of Evidence for the Effectiveness of the Evidence
Zelenka, Jan ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
1 The Consequences of Breaching the Rules of Evidence for the Effectiveness of the Evidence Abstract This diploma thesis deals with the phenomenon of ineffective evidence in criminal procedures as a result of a breach the rules of evidence. The aim of the thesis is to submit current regulations about evidence in the Czech legal system, evaluate it and shine a light on certain problems. Can a criminal procedure be just if the essential principles are trampled on and the government breaks the law? Are there any barriers preventing geovernment arbitrariness? This thesis tries to answer these questions by introducing legal institutes based on area of evidence in criminal procedure. Thesis consists of six parts - four chapters, introduction and conclusion. The first chapter deals generally with evidence and its specifics in criminal law. It defines crucial terminology to understand this topic thoroughly and shines a light on principles of evidence. The second chapter revolves around admissibility and especially efficiency of evidence as a result of a breach in the rules of evidence by law enforcement. That breach of evidence has to fulfill a certain level of severity which has an important part in evidence ineffectivity. In the very last part of this chapter the author suggests legislative changes according to a...
Current issues of adhesive proceedings
Ceplová, Magdalena ; Pelc, Vladimír (advisor) ; Tejnská, Katarína (referee)
Current issues of adhesive proceedings This thesis deals with current issues of adhesive proceedings. The thesis is divided into four chapters. The first chapter introduces the basic concepts essential for the definition of adhesive proceedings and related terms. These are primarily the definition of entities and parties to criminal proceedings, including the introduction of the institutes of harm as an overarching term, which includes damage, non-material damages and unjust enrichment. The first chapter also introduces the institute of bodily harm. The second chapter is devoted to the injured party, including a list of procedural rights and obligations that the injured party confers the Criminal Procedure Code and the injured party recognizes the law on victims of crime, if the injured party is also a victim under this law. The following subchapters are divided according to the rights that belong to all the injured parties and the rights that belong to the injured party, who is at the same time subject to the adhesive procedure. In the case of the injured party, the institute of consent of the injured party to criminal prosecution and representation of the injured party is also mentioned. In this part of the thesis, the current problems concerning the remuneration of the injured party's...
Assistance to Victims of Crime
Pacáková, Barbora ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
The thesis focuses on the assistance to crime victims, mostly in terms of Czech legislation, its compliance with the European legislation and its application in real life, it does, however, provide historical and theoretical explanation about crime victims. The thesis reflects the legislation, that is in effect at the time. The main aim of the thesis is to offer a comprehensive view on the issue of assistance to victims, to analyse and evaluate the legislation of victims' rights, especially under the Victims of Crime Act, and to assess the benefits of its first major amendment. The last goal of the thesis is to evaluate the current quality of assistance provided to crime victims. The thesis consists of five parts, in addition it also contains an introduction and a conclusion. The first part offers historical and international insight into the assistance of crime victims and details how this field has evolved over the last hundred years. It also places the issue into historical context while analysing international requirements laid down by the Council of Europe, the European Union and the United Nations. Part 2 explains legal terms "victim" and "injured party", providing a comparison of these two terms with a view toward their use in subsequent chapters of this thesis. Part 3 contains theoretical...
Agreement on guilt and punishment
Šimek, Jaromír ; Pelc, Vladimír (referee)
This master's thesis focuses on the subject-matter of agreement on guilt and punishment. It became a part of Czech Criminal Procedure Code by the enactment of Act no. 193/2012 Coll. The plea bargaining, which is widely spread and used in common law countries, served as an inspiration. It should have primarily enhanced the efficiency and speed of the criminal proceedings. It is a type of diversion which is based on a negotiation between the prosecutor and the defendant. The defendant may plea guilty and require a milder punishment in reverse, comparing to a punishment which would have been imposed if a trial took place. The conducted agreement on guilt and punishment has to be subsequently approved by the judge in a form of the approval judgement. The thesis is divided into four chapters. The first one deals with other alternative ways, by which criminal cases may be solved. The influence and potential disruption of basic principles of the criminal procedure caused by the incorporation of agreement on guilt and punishment, is described as well. A short section is dedicated to previous legislative efforts of incorporation the agreement on guilt and punishment into the Czech legal system. The second chapter outlines the contemporary legal regulation of the agreement of guilt and punishment in the...
Domestic Violence and its Prevention
Koulová, Iva ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Presented thesis is focused on the domestic violence and its prevention, a substantial part of the thesis is aimed at legal framework for protection against domestic violence. The thesis is divided into six chapters, in the first one the definition of domestic violence and its different forms are presented. Domestic violence can be divided into intimate-partner violence between former or existing spouses or partners, violence between parents and children and elder abuse. Protection against domestic violence is provided by substantive and procedural provisions of administrative, civil and criminal law. The second chapter is dedicated to means of protection regulated by administrative law, when the misdemeanour legislation and protection in the Police Act is mentioned. Special provisions against domestic violence are included in the Czech Civil Code. The following three chapters are dedicated to the criminal aspects of domestic violence. Description of the different types of criminal offences related to the domestic violence is covered in the third chapter. Protection of victims of domestic violence during the criminal proceedings is outlined in chapter four of this thesis. The rights of the injured party are pointed out, especially in connection to the pre-trial stage of proceedings, collateral...

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See also: similar author names
2 PELC, Vít
2 Pelc, Vojtěch
2 Pelc, Vít
1 Pelc, Vítězslav
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