|
|
House Arrest Punishment, Its Execution and Control
Huderová, Eva ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
House arrest came into Czech criminal law with the adoption of the new Criminal Code 1st of January 2010. House arrest was expected to be used as the most stringent alternative to the sanction of imprisonment in cases where there is no need for a significant intervention into the life of the offender, but at the same time there is a need for more severe penalty than the usage of other alternative punishments. The thesis is divided into five chapters. Chapter one is solely devoted to concept and aim of punishment. Chapter two deals with alternatives punishments, demarcation of unconditional sentence of imprisonment to alternatives punishments and restorative justice. Chapter three focuses on the house arrest and its position in the Czech criminal law system. First part of this chapter illustrates the position and importance of house arrest in Czech criminal law system, furthermore the most important terms are also described there. Final passages of chapter three discussed in detail the conditions for the imposition of house arrest and the manner of its exercise. Chapter four is focused on an electronic control system of house arrest. This issue is currently heavily discussed in the Czech Republic as we are in the final stage of preparations that should lead to the implementation of the electronic control...
|
|
|
Contentious issues of self-defence in Czech case law
Drnková, Lucie ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
Disputed Issues of Necessary Defence in the Case Law The thesis itself is focused on the points at issue of necessary defence mainly in the field of Czech criminal law although some partial issues are also compared to the foreign legislation. In compliance with the title of the work author's attention is dedicated in the first place to case law in the areas that have not been decided by courts yet, further, the law theory is described. The thesis is composed of seven chapters, from which the first forms as an introduction, where the goals and approaches are indicated. The last, seventh section summarizes the outcomes and conclusions of the thesis and also serves as a recommendation of some useful legislative changes that can be done in the future. The Second Chapter describes the institute of necessary defense itself and its position in the system of criminal law and defines the basic terminology. The circumstances excluding criminal liability (excuse defenses) are also depicted there and distinguished from circumstances excluding lawlessness (justification defenses). The last section of this part is dedicated to the current wording of the institute of necessary defence in the valid Czech Criminal Code. The Third Chapter serves as the key part of the whole thesis and deals with the issues creating...
|
|
|
The diversion of criminal proceedings
Havelková, Tereza ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This paper deals with diversion in criminal procedure which is an alternative to criminal proceeding conducted in a classical way and which is an important part of modern criminal trial. The paper analyses single diversion groups and conditions for their use. Diversion has been outlined effective means for simplification of criminal procedure with a significant part of criminal cases. It has been pointed out that the most important effects of using diversion is unburdening of criminal justice, a not inconsiderable economisation of financial funds spent by the state on enforcement of criminal justice and with some kinds of diversion it is also the desirable strengthening of the position of the injured party in criminal procedure. The role of the Probation and Mediation Service of the Czech Republic, as an irreplaceable subject when dealing with criminal affairs by diversion, has been generally outlined. A simple excursion into the French legislation relating to diversions and the latest kind of diversion in the Czech Republic - agreement on guilt and punishment - has been described.
|
|
|
Violent crime and its prevention
Vondrušková, Magdalena ; Říha, Jiří (advisor) ; Vanduchová, Marie (referee)
The theme of this thesis is "Violent Crime and its Prevention". The violence can be seen everywhere, in the family, in school, at work or in the streets. Every day the media inform the public about violent crime. Is it true that the violence increases in our society or is it only a report interesting for the media? The purpose of this study is the answer this question. The thesis is composed of seven chapters and a number of subchapters. The first and introductory chapter defines basic terminology used in the thesis, for example criminology, criminality, violent crime, aggression and violence. Chapter two deals with the phenomenology of violent crime. The chapter consist of three parts. Part one focuses on the state of violent crime. Part two is concerned with the structure of violent crime and part three documents dynamics of violent crime. Third chapter outlines the victims and theirs issues. This chapter firstly explains the terms as victimology, victimity, victimization, victim. Latter parts of this chapter are concerned with the behaviour of victim, the relationship between offender and victim, the typology of victims, the help to victims, prevention from becoming a victim, the victim's psychology and finally analyses the victims of violent crime in the Czech Republic. Fourth chapter is called "The...
|
|
|
The injured party in criminal procedure and his/her protection
Kadlčíková, Eva ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The injured party in criminal procedure and his/her protection The purpose of my thesis is to analyse position of the injured party and his/her rights in Czech criminal procedure and to highlight changes which will be brought to rights of injured party by The Victim of Crime Act. This thesis is divided into five chapters. The first chapter briefly introduces the historical evolution of legal regulation of the injured party position in criminal procedure in the territory of the current Czech Republic. Next chapter is concerned with the term "injured party" in the current legal regulation. This part of thesis is especially focused on the need to differentiate between the terms "the injured party" and "victim of crime". The third chapter contains a crucial part of my thesis - it deals with the injured party position in criminal procedure and his/her rights. The chapter is composed of six subchapters. The first subchapter addresses the issue of general interpretation of procedural position of injured party in the Czech Criminal Procedure Code. Next subchapter shifts the focus to two categories of injured parties in criminal proceedings (the first category is the party of adhesion procedure with special rights, the other one is not). The third subchapter describes the procedural rights which are granted...
|
|
|
An agreement on guilt and punishment
Pospíšilová, Aneta ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
An agreement on guilt and punishment The presented thesis deals with the relatively new institute of the criminal procedure, namely the agreement on guilt and punishment (hereinafter also referred to as "agreement") that was implemented into Czech law by an amendment of the Code of Criminal Procedure, namely by the Act no. 193/2012 Sb., effective from 1 September 2012. The introductory chapter deals with a closer description of the agreement on guilt and punishment. The author presents first available definitions of the agreement and points up its questionable classification as one of the so called "deviations" from the regular criminal procedure. The thesis evaluates the harmonization of this institute with the basic principles of criminal procedure, the fulfilment of which is decisive for the typical character of the continental criminal procedure. In this chapter, the thesis also deals with the question whether the agreed sanction is capable of fulfilling the purpose of punishment as such. The second chapter of the thesis is focused on the prerequisites that are necessary for the prosecutor and the accused to be allowed to enter into the agreement on guilt and punishment. Further, the chapter elaborates on the negotiation process and legal requisites of the agreement. Last but not least, the...
|
|
|
Commercial Sexual Exploitation of Children
Uchytilová, Soňa ; Gřivna, Tomáš (advisor) ; Vanduchová, Marie (referee)
RESUME V ANGLICKÉM JAZYCE The topic of this thesis is commercial sexual exploitation of children, which is defined in international documents as sexual abuse by an adult and remuneration in money or non- monetary benefits to the child or to a third party. The thesis is divided into five parts. The first chapter is dedicated to theoretical introduction to the phenomenon of commercial sexual exploitation of children. For each form of commercial sexual exploitation of children are given the historical aspects of the origin, causes and forms of their existence and examples from practice. The second chapter focuses on international cooperation in the field of protection of children against commercial sexual exploitation. It mentions three most important international congresses that took place since 1996 - World Congress in Stockholm, Yokohama and in Rio de Janeiro. There were accepted soft law documents. In the third chapter is incorporated international legislation of the fight against sexual violence against children. There are presented and analyzed major international documents. These are documents of the United Nations, the Council of Europe and the European Union. The forth chapter contains national legislation of Czech Republic. This chapter is divided pursuant to the individual form of commercial sexual...
|
|
|
Animal protection in criminal law
Krupková, Kristýna ; Hořák, Jaromír (advisor) ; Vanduchová, Marie (referee)
English abstract I chose theme of my Master's degree thesis because it's actual because of the situation in society and new Civil Code, which changes legal status of animal. The purpose of my thesis is to analyze legal status of animal in Czech law, particularly in criminal law. I want to think about it, if is actual legislation sufficient, about problems and propose possible solutions. The thesis is composed of nine chapters. Chapter one is devoted to animal legal status in Czech law. It is divided into four subchapters, which are deal with explanation of the concept of animal, its legal status, its protection instruments and in the last subchapter is deal with animal legal status by the new Civil Code. Chapter two is focuses on public animal protection in general. In Four subchapters I summarize animal legal status in public law, constitutional framework, legislation in administrative and criminal law. Chapter three is devoted to Act No 246/1992 Coll., on the protection of animals against cruelty. Four subchapters are deal with purpose of this Act, definition basic concepts, administrative delicts and authorities of animal protection. Chapter four is called Criminal law protection of animals. This chapter has six subchapters, and in these I am thinking of causes of "new" Criminal Code, its purposes, its...
|
|
|
Criminal aspects of domestic violence
Váňová, Radka ; Hořák, Jaromír (advisor) ; Vanduchová, Marie (referee)
Criminal aspects of domestic violence SUMMARY Domestic violence is a serious social concern with high level of latency. The domestic violence victims protection is ensured by legal standarts of Civil, Administrative and Criminal Law and other legal standarts. Criminal Law is one of the important instruments for tackling of serious forms of domestic violence. However Criminal Law is an instrument "ultima ratio" which needs claiming of subsidiarity principal of the crime repression. The purpose of my thesis is to bring a summary of the legal standarts of Criminal Substantive Law and Criminal Procedure, that are dedicated to protect the victims of domestic violence. It also provides the brief analyses of the legal standards with respect to this serious phenomenon. The emphasis is put particularly on the criminal offences maltreatment of a person living in common domestic matters, maltreatment of a person in a guardianship and stalking. From procedural point of view the thesis addresses the issue of the consent of the victim to the criminal prosecution, institute of detention and the status of victims in criminal proceedings. The thesis also makes recommendations for the legislation de lege ferenda. Chapter one outlines theoretical and practical findings of domestic violence, defines the notion and describes...
|
|
|
Issues of criminal liability of legal entities
Knytl, Jan ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
(Abstract in English) This thesis deals with certain question of criminal liability in the case of legal ethities, which presents a recent phenomenon in Czech legal setting. The most important reason for working on this subject was my interest in the area of criminal law. In this context, the new law on criminal liability of legal persons constituted an ideal subject for processing, which would allow me deeper acquaintance with the problems about this important topic. In the Chapter One the work describes genesis of a newly adopted law in Czech republic and in the next Chapter Two compares it with another bill, which was proposed and promptly rejecter by the Parliament in the first reading in 2004. It goes on to analyse the question of presidential veto and its consequences. The Chapter Three, about the main lines of argumentation is subdivided into two parts. Part One describes the main lines of argumentation used by proponents of this new law, including a range of examples from the area of environment protection. Part Two deals with the main lines of argumentation used by adversaries of this new law. The Chapter Four describes the importance of the selected institutes of the law on criminal liability of legal entities. The work's focal point lies in the analysis of key elements of Czech law in the...
|
guest ::
