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Manifestations of Restorative Justice in Czech Criminal Law
Kusáková, Nikol ; Tejnská, Katarína (advisor) ; Hořák, Jaromír (referee)
This diploma thesis focuses on the concept of restorative justice within the framework of Czech criminal law. It initially centres on the concept of restorative justice itself and subsequently explores its manifestations within both substantive and procedural Czech criminal law. This diploma thesis aims to provide a comprehensive overview of the state of restorative justice within Czech criminal law and offer insights into potential future developments and improvements to the Czech criminal justice system to foster a more restorative approach to justice. The thesis analyses and evaluates Czech criminal law elements with restorative potential and examines how they adhere to restorative principles of restoration, voluntarism, participation, reconciliation and reintegration. The author draws mainly from legal regulations, commentaries, domestic and international scholarly literature, scientific studies, and statistical data. The thesis is structured into six chapters. The first chapter delves into the core concept of restorative justice, its fundamental values and principles, while also defining key terms such as punishment, the purpose of punishment, and retributive justice. The next chapter examines the manifestations of restorative justice in substantive criminal law, with a focus on alternative...
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Crime reporting and its criminological significance
Jambor, Petr ; Hořák, Jaromír (advisor) ; Tejnská, Katarína (referee)
Crime reporting and its criminological significance Abstract The diploma thesis is divided into ten chapters, the first chapter deals with the reporting actions of natural persons, legal persons, public authorities and the related reporting obligation, the reporting authorization. The second chapter considers the importance of reporting criminal activity for the initiation of criminal proceedings, the basic principles that have an impact on the procedure of the prosecuting authorities after receiving a criminal notification and a criminally relevant complaint. The third chapter deals with the obligation to receive criminally relevant complaints and notifications, the actions of law enforcement authorities following the receipt of a complaint and the initiation of criminal proceedings. The fourth chapter provides the description of the most important legal institutes through which law enforcement authorities learn about facts reasonably indicating that a crime has been committed. The subchapters also include anonymous submissions, abuse of criminal reporting, private and subsidiary action - an institute appearing in some continental criminal Codes and discussed for reintroduction in the older substantive intention of the draft of the new Criminal Procedure Code. In relation to the reporting of criminal...
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Protection of a victim of a criminal offences
Šimůnková, Pavlína ; Tejnská, Katarína (advisor) ; Hořák, Jaromír (referee)
Dispute over legal impacts on victims has always been a discussion as well as protection of victims subjected to crime. Study of victims of crime (also known as "victimology"), victim typologies, terminology difference between victimhood and victimology will be mentioned in the very first paragraph in addition to introduction of protection victims of crime issue. Thereafter comes breakdown of phases to which a victim is subjected to throughout the offence. Victims of crime is main highlight of second chapter, followed by its definition and typology of victims, difference between terminology of victim according to criminal justice act and victim according to code of criminal procedure. As the topic advances, third chapter approaches with developmentments in the law within domestic jurisdiction, its subject being protection of victims of crime. Analysis of fundamental law is the main highlight of this chapter, breaking down its influence on victims' protection throughout the past up to nowadays and ongoing procedures. Last but not least, subjects providing protection for victims of crime will also be mentioned. Following chapter is quoting specific sections of Criminal Justice (Victims of Crime) Act, focusing on victims' rights. Breaking down into individual acts of law, its appliance during court...
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House arrest punishment, its execution and control
Balík, Tomáš ; Tlapák Navrátilová, Jana (advisor) ; Tejnská, Katarína (referee)
House arrest punishment, its execution and control Abstract This diploma thesis deals with the punishment of house arrest as an alternative to imprisonment and its enforcement and control. Its main objective is a comprehensive analysis of the effective legislation. A sub-objective is to take a closer look at the control of the execution of the sentence of house arrest, to explain the essence of electronic monitoring and, among other things, to try to find out what has caused this punishment to be imposed relatively infrequently despite the active operation of the electronic monitoring system. Last but not least, the author attempts to evaluate the current legislation and present solutions to the identified problems. In addition, he provides insights into house arrest in selected foreign jurisdictions. The structure of the thesis is divided into six chapters, apart from the introduction and conclusion. First, some terms that are closely related to the punishment of house arrest are defined, namely the concept of punishment and its purpose, the system of punishment and alternative punishments. The next section provides a brief outlook on the history of house arrest sentencing and monitoring, with increased attention to the history of electronic monitoring. The next part thoroughly discusses the legal...
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Compensation for non-material damage in the event of injury and death in collateral proceedings
Kunclová, Lucie ; Tejnská, Katarína (advisor) ; Tlapák Navrátilová, Jana (referee)
Compensation for non-material damage in the event of injury and death in col- lateral proceedings Abstract This thesis explores compensation for non-material damage in the event of injury and death within the context of criminal proceedings. The thesis is divided into five chapters. The first chap- ter focuses on the concept of the injured party, its definition, its role in criminal proceedings, rights, and obligations. Additionally, it delves into the assessment of the injured party's needs and goals in the context of criminal proceedings. The second chapter deals with the institution of collateral proceedings, providing a definition and describing its course. The third chapter focuses on the issue of non-material damage in the event of injury, the calculation of compensation, the court's procedure in the calculation, and the development of case law. The next chapter discusses the compensation for injury in case of death, the conceptual definition of individual claims, the range of persons compensated, and the proposal to expand it. The fifth chapter focuses on selected prob- lems related to compensation for non-material damage in personal injury and death within the framework of criminal proceedings. Despite some changes in favour of victims, there are still shortcomings both in legislation and in...
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The Role of a Public Prosecutor in Criminal Proceedings
Müller, Jonatan ; Tejnská, Katarína (advisor) ; Hořák, Jaromír (referee)
The topic of the diploma thesis is the role of the public prosecutor in criminal proceedings. The Public Prosecutor's Office operates across the entire criminal procedure and is entrusted with partial powers in other types of proceedings, while this work deals with the public prosecutor's powers in criminal proceedings. The work describes in general terms the task of a public prosecution, the form and powers of the public prosecutor's office, as well as the procedure of the public prosecutor in the individual phases of criminal proceedings. The thesis has three thematically organized parts and these are divided into ten chapters, with the first part of the thesis divided into five chapters, the second part into three chapters and the third part into two chapters. The first chapter explains the concept of public prosecution and its history in the territory of the current Czech Republic. The second chapter is devoted to foreign forms of public prosecution and special units of public prosecution. The third chapter is devoted to the legal regulations governing the public prosecutor's office. The fourth chapter presents the public prosecutor's office system, supervision and disciplinary responsibility of public prosecutors. The fifth chapter provides an overview of the powers of the public prosecutor's office in...
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Conditional sentence of imprisonment
Trčková, Michaela ; Tejnská, Katarína (advisor) ; Heranová, Simona (referee)
The rigorous thesis is focused on the analysis of the subject of conditional sentencing legislation, which represents the pillar of punishing offenders. Conditional sentencing is the most used punishment to date. It is indisputable that conditional sentencing will continue to be used in years to come. The aim of this rigorous thesis is to evaluate effective legal regulation, which also significantly evolves in the time of writing of the thesis. The amendment declares the irreplaceable role of this punishment, although the basis of the conditional sentence is unchangeable. Another aim is connection of theory and practice and to detect difficulties of legal regulation. In the introduction, the author deals with the evolution of conditional sentencing, but the main components are within chapters three and four which are dedicated to conditional sentencing and conditional sentencing with supervision. In these chapters, the author pulls examples from her experience from practice within the system, to demonstrate the faults within the legal regulation. For example, the question of summoning the convicted person to a public hearing, the delivery of ruling, the perception of a proper life, the probation period, the running of a probationary period during the imprisonment and the frequency of consultations...
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Summary Preliminary Proceedings
Doleček, Tomáš ; Tejnská, Katarína (advisor) ; Šelleng, Dalibor (referee)
Preliminary Proceedings Abstract in English The diploma thesis deals with the topic of Summary Preliminary Proceedings, which is one of the most important institutes in terms of accelerate the criminal proceedings. It is one of the three forms of preliminary proceedings, the essence of which is to enable simplification of the process for the least serious crime, so that the perpetrator of such a crime can be convicted and punished as quickly as possible. This is not only in order to make the proceedings more efficient in economic terms, but also to ensure that it has the greatest possible impact in terms of individual and general prevention. The aim of this thesis is not to discuss the above mentioned institute only in isolation, but also in its broader context. It therefore presents its characteristics, historical context, the problems associated with the proceedings, including a solution proposal, as well as a more detailed analysis of the planned modification. In addition, the thesis also presents the subsequent special Proceedings before a Single Judge, which, together with the Summary Preliminary Proceedings, form a kind of accelerated form of the entire criminal proceedings. The thesis is also structured in this respect. It consists of four chapters, firstly presenting the preliminary stage of...
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Criminal law regulation of public procurement
Mikula, Tomáš ; Tejnská, Katarína (referee)
1 CRIMINAL LAW REGULATION OF PUBLIC PROCUREMENT ABSTRACT The Objective of this rigorous work is primarily to present the basic features of criminal activities related to public procurement, to analyse the offences that are either directly related to the award of public contracts or to which the Commission may The context of public procurement and, last but not least, the analysis of certain specific means of proof in the case of such offences. The Rigorous work is thematically divided into seven chapters and possibly other subchapters. The Subject of the first chapter (Generally for public procurement) is an analysis of the issue of public procurement, the definition of the concept of public procurement, the outline of the basic principles of procurement, the definition of the concept of contracting authority and Supplier and not least an analysis of the types of procurement procedures and their comparison in the framework of the former Public Procurement Act and the current Public Procurement Act. The Subject of the second chapter (Generally for criminal regulation of public procurement) is to outline the criminal law basis for the following chapters; Therefore, the introduction of offences directly related to the award of public contracts, offences which may arise in connection with the award of public...
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Conditional sentence
Klabouch, Martin ; Tejnská, Katarína (advisor) ; Šelleng, Dalibor (referee)
Conditional sentence Abstract The thesis focuses on the analysis of selected problems related to conditional sentence. Even though the conditional sentence is for many people a traditional, boring and unmodern institute, it is paradoxically still the most frequently imposed punishment. However, despite more than a century of tradition, we cannot speak of its flawless content and smooth imposition practice. How to deal with the accumulation of conditional sentences? It is evident from an analysis of the current knowledge on the various partial problems of this unsatisfactory practice that this is the most pressing problem concerning suspended sentences. Through the presented proposals, it is possible to mitigate its impact, both in the imposition of sentences by the trial court and in the conversion of conditional sentences, but only a comprehensive revision of all the related institutes will ensure a truly fair and tailored sentence for each offender. However, is the legal regulation of this punishment so perfect that it deserves such a status? From a brief analysis of the current applicable legislation, a critical reflection on some of the problematic aspects and a confrontation with statistical data, it is clear that the current position is not based on the flawlessness of the character and content of the...
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