National Repository of Grey Literature 473 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Limits of Legal Obligation of Attorney's Confidentiality in Criminal Proceedings
Svoboda, Petr ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
1 Limits of Legal Obligation of Attorney`s Confidentiality in Criminal Proceedings Abstract The legal obligation of attorney's confidentiality imposed by the law is currently not only mentioned in professional discussions. However, the increased attention paid to this institute does not support it. There is a growing belief that it is being misused for the benefit of an attorney or for concealing criminal and other delict activity, resulting in increased pressure from the state to violate confidentiality obligations. This manifests itself in systematic or individual attempts to break it, or it leads to refusal of protection of the confidential relationship between an attorney and his client, which is a prerequisite for providing legal assistance. The thesis describes in detail the meaning and purpose of the institute of attorney's duty of confidentiality and its position in the legal order. Its attention is focused especially on the area of the criminal law in which it is most threatened and therefore the application and protection of this institute in criminal proceedings is analyzed in detail. In order that the meaning of the above-mentioned provisions of the Code of Criminal Procedure can be concisely clarified, this is done in the thesis primarily from the practical point of view. For this purpose, the...
Current problems of criminal sanction of domestic violence
Králová, Lucie ; Heranová, Simona (advisor) ; Jelínek, Jiří (referee)
The thesis deals with domestic violence, the current national criminal legislation regarding it and its shortcomings. The first chapter deals with the phenomenon of domestic violence, mainly the definition of the term. Next it includes the characteristic signs of domestic violence, the forms in which it may present, causes of domestic violence and the myths about domestic violence present amongst general public. The second chapter focuses on the individual subjects, meaning the perpetrator and the victim. In the first part of the chapter, the perpetrator is described and the basic typologies are presented. The second part of the chapter first describes the "ideal victim" myth and then presents the individual characteristic victim groups - women, men, children, senior citizens and LGBT community. In the third chapter, the thesis deals with the current criminal legislation of the Czech Republic. The first subchapter deals with the substantive law and analyses five of the crimes that are often committed in situations of domestic violence, especially the crime of Maltreatment of a Person Living in Common Residence and the crime of Maltreatment of Entrusted Person. The second subchapter deals with the procedural law and describes the standing and role of the injured person and the victim, the Consent of...
Criminal Liability of Legal Persons
Keltnerová, Lucie ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Criminal liability of legal entities In the presented thesis the author deals with the topic of criminal liability of legal entities. Considering the complexity and extensiveness of this topic this thesis is only focused on the substantive law regulating this area and so it does not deal with the criminal sanctioning of legal entities or the criminal proceedings against them. The author aims to explore the criminal liability of legal entities starting from the basic questions of possible ways to even sanction legal entities for unlawful conduct to the questions of the current law in force, its problems and the possible solutions of these problems. The first part of this thesis addresses the ways in which it is possible to sanction a legal entity for unlawful behaviour, it compares these ways and considers which of these ways is the most suitable for the situation in the Czech Republic. The second part of the thesis provides in its first chapter a closer look at the historical development of law regulating the criminal liability of legal entities in the Czech Republic starting from the year 2000 until today, or rather until 2016, when the Act No. 183/2016 coll. was passed. This act brought some significant changes to the law that was in force at that time. The second and third chapter of this part...
Unconditional imprisonment
Šťastný, Michal ; Tejnská, Katarína (advisor) ; Jelínek, Jiří (referee)
This diploma thesis deals with the aspects of unconditional imprisonment. Unconditional imprisonment, as a term of criminal law, is the most severe punishment used in the Czech Republic, it is also a universal punishment that can be imposed for any crime. Imprisonment is executed in a prison with security, in a maximum-security prison, or in a special unit of remand prison. The rights and obligations of convicts are governed, in particular, by the Act on Imprisonment and Imprisonment Rules. Various educational programs and leisure activities, as well as the employment of the convicts, are carried out during the execution of the imprisonment. The institute of conditional release is an important instrument for the reduction of the prison population, yet it is underused. The prison problems are especially a high number of prisoners, overcrowded prisons, low financial literacy and high indebtedness of convicts, substance abuse problems, cumulative prison sentences and prisoners' pay-to-stay fees. The number of convicts per 100,000 citizens and recidivism rate are used to assess the effectiveness of unconditional imprisonment. The Czech Republic is one of the countries with a very high number of prisoners in Europe, as well as a high recidivism rate. Decreasing of these two factors can be achieved by...
Criminal liability of legal entities - comparison of legal regulations in the Czech Republic and Poland
Sýkora, Petr ; Jelínek, Jiří (advisor) ; Heranová, Simona (referee)
Criminal liability of legal entities - comparison of legal regulations in the Czech Republic and Poland Abstract The criminal liability of legal entities still raises emotions and is still the subject of both expert discussions and lay comments. Moreover, the application of the Law on the criminal liability of legal entities in practice is still problematic and law enforcement bodies are not only unsure how to apply individual institutes and when to consider bringing charges against a legal entity but often still do not initiate proceedings against legal persons because they consider such course of action a complication in proceedings against an individual. Thus, the greatest application problems relate firstly to assessing whether the legal conditions for initiating criminal proceedings against a legal entity are met, and then the question of the so-called exculpation and the problem of the possible transfer of the evidence obligation to a legal entity. Last but not least, from the point of view of the application practice, the limitation of the legal entity's right to choose a legal representative. Despite the fact, how critically it is possible to look at the regulation of criminal liability of legal entities, it cannot be overlooked, that one of the closest neighbors, Poland, has even greater problems...
Criminal Aspects of Corruption in the Private Sector
Náhlovská, Lenka ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
This paper examines the criminal aspects of corruption in the private sector. Corruption in the private sector may be understood in a narrow sense as corruption committed in relation to business activities or it can be defined more broadly as all corrupt behaviour which is not related to public authorities and their activities. The aim of this paper is to analyse the legal framework of private sector corruption in the Czech Republic and to propose some useful changes in the Czech legislation which may lead to better prosecution and punishment of private sector corruption. The author provides a brief introduction into the topic in the first chapter of this paper. The second chapter firstly deals with the terminology connected with private sector corruption and corruption in general. The author then analyses the criminological aspects of private sector corruption and its negative consequences. She emphasizes the potential impact of private sector corruption on the economic situation of individuals and societies as well as national economies. The conclusion of the second chapter includes an analysis of international obligations of the Czech Republic regarding the punishment of private sector corruption (mainly obligations arising from the membership of the United Nations, the Council of Europe and the...
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...

National Repository of Grey Literature : 473 records found   1 - 10nextend  jump to record:
See also: similar author names
12 JELÍNEK, Jakub
32 JELÍNEK, Jan
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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