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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...
Injured party in criminal proceedings
Uriková, Aneta ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
An injured party in criminal proceedings and his/her protection Abstract This Master's thesis is devoted to the analysis of the procedural rights and protection afforded to the injured party in criminal proceedings. This Master's thesis is divided into six chapters. The first chapter focuses on the analysis of the historical developments of the status of the injured party in criminal proceedings in the Czech law. The analysis commences with the Austro-Hungarian criminal procedural code no. 119/1873 Coll., the Czech Criminal code of 1950, its subsequent novelization in 1956 and the current Czech criminal code no. 141/1961 Coll., all the cited laws had a significant impact on the status of the injured party in criminal proceedings. The second chapter is dedicated to defining the term injured party, both via a negative and positive definition. Furthermore emphasis is placed on the distinction between the definition of the injured party from the perspective of Article 43 of the criminal procedural code, as such an injured party has the right to claim damages against the accused defendant and thus such an injured party might concurrently have the status of a subject in adhesion proceedings, and the injured party which does not have a right to claim damages. The third chapter is focused on defining the term...
Defence lawyer in the criminal proceedings
Zobelt, Denisa ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Defence lawyer in the criminal proceedings Abstract The defending lawyer is an important institution in criminal law. With this institution a basic principal can be guaranteed, the right of defense. This master's degree thesis is about the defending lawyer in criminal trials in the Czech Republic and Switzerland, its similarities and differences. It consists of an introduction, a body consisting of 7 chapters and a conclusion. The first chapter deals with the historical development of this institution on Czech territory from the 18th century until the present time. It especially emphasizes the effect of historical events on modifications and on the practical observance of written law. The next chapter defines the term defending lawyer under Czech law and explains how someone can become a defending lawyer. It specifies how a defending lawyer should conduct the defense case and explains the differences between elected and nominated lawyers. The following chapters analyse the rights and obligations of lawyers and methods of legal defense. Furthermore, they try to examine the importance and necessity of a defending lawyer in a criminal trial. On the other hand, they show the limitations of defense lawyers and their tactics. Additionally, they examine what disciplinary options are available e.g. to authorities...
The issue of criminal justice in the matter of youth
Parýzková, Beate ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
My thesis deals with selected problems related to the criminal justice in the matter of youth. These problems mainly result from the fact that this is a specific group of offenders and that it is necessary to react to their unlawful activities and viewed them in a different way compared to the cases of adults. Therefore criminal law of young offenders resulted in the separate legal regulation which is contained in the Act no. 218/2003 Coll., on Judicial System in the Matter of Youth. I divide this thesis internally into six parts which have a logical sequence. The first part deals with terminology which occurs in the Act and differs from general adjudication which is stipulated by the Criminal Code and Code of Criminal Procedure. It is necessary to acquire different terms to get a good orientation in the given issues. The second part deals with restorative justice on which basis the act on judicial system in the matter of youth is built up. It is a restoring justice where no primary vengeance exists. Since we cannot say that there exists a stable definition of restorative justice, I mention mainly the principles which this concept is based on. Further, I make a passing comment about some institutes and provisions in which the principles of restorative justice are reflected. Next part describes...
Methodology of investigation of the criminal act of robbery
Vrkotová, Alice ; Jelínek, Jiří (advisor) ; Krupička, Jiří (referee)
My thesis entitled "Methodology of investigation of the criminal act of robbery" focuses on the individual steps undertaken by the police from the moment the offence is reported until the prosecution is filed with the state attorney. The main focus of my work is to describe, in the greatest detail possible and with attention to the given practice and formal faultlessness, the most important procedural steps, both in the verification phase, i.e. prior to the commencement of the criminal prosecution, and in the phase of investigation. A particular emphasis is placed on the examination of the crime scene and subsequent criminological evaluation thereof. The thesis comprises six chapters; the therd chapter discusses initial verification acts, from the commencement of the criminal procedure according to section 158, paragraph 3 of the penal code, treatment of the victims, particularly the above mentioned examination of the crime scene. The fourth chapter that discusses investigation is crucial. The chapter outlines the individual steps of the investigator in logical sequence, i.e. decision about the commencement of the criminal prosecution (section 160 of the penal code, interview with the accused and witnesses, criminological examination of the tracks collected at the crime scene or uncovered as part...
The use of an agent within a criminal procedure
Dvořák, Marek ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
1 POUŽITÍ AGENTA V TRESTNÍM ŘÍZENÍ THE USE OF AN AGENT WITHIN A CRIMINAL PROCEDURE Mgr. Marek Dvořák Rigorózní práce (2019) ABSTRACT This work deals with one of the effective tools for fighting with an organized crime, which is the use of an agent in criminal proceedings according to the § 158e of the Criminal Procedure Code. The use of an agent is one of the operative searching means that are exhaustively defined by procedural law. It is a strongly offensive instrument with very complicated legal regulation, which sometimes (as practically the only one) makes possible to obtain objective evidence directly from the complex environment of conspiratorially organized criminal groups. At the same time, the use of an agent often collides with a high standard of basic human rights guaranteed by national law and by international law as well. Therefore, this issue also requires an examination of its international aspects including the case law of the European Court of Human Rights. This thesis is divided (without an introduction and conclusion) into four major chapters. In these chapters, there are discussed all relevant issues in its entirety, including less common or controversial issues. Within the individual parts, the author is expressing his opinions de lege ferenda that should be considered. All of these...

National Repository of Grey Literature : 462 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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