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Agreement on guilt and punishment
Koblasová, Jana ; Říha, Jiří (advisor) ; Tejnská, Katarína (referee)
Agreement on guilt and punishment Abstract The subject of the work is the institute of an agreement on guilt and punishment as a special way of handling criminal cases. The essence of an agreement on guilt and punishment is an agreement between the public prosecutor and the accused, in which the accused confesses to committing the act for which he is being prosecuted, in exchange for imposing a lesser punishment than that which would threaten him in standard criminal proceedings. It is a form of diversion in criminal proceedings, which is intended to speed up and simplify criminal proceedings. The agreement on guilt and punishment is enshrined in the Czech legal system for a relatively short period of time. It was introduced in 2012. As the guilt and punishment agreement did not materialize in practice in the following years, certain changes had to be made. These occurred in 2020 when, for example, an agreement on guilt and punishment was made possible for particularly serious crimes. The work is structured into six chapters. The first chapter deals with the question of whether it is possible to classify the agreement on guilt and punishment among the diversions in criminal proceedings. To answer this question, it was necessary to clarify the very concept of diversion. The work also briefly deals with the...
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Protection of a victim of a criminal offence
Uhlířová, Markéta ; Tejnská, Katarína (advisor) ; Pelc, Vladimír (referee)
Protection of a victim of a criminal offence Abstract This thesis adresses the protection of victims of crime, a serious and currently very topical issue. The initial part of the thesis is devoted to victimology as a scientific field, the subject of which is mainly the victim of crime. This chapter introduces basic victimological concepts that are important for a comprehensive understanding of the issue under study. The next chapter provides a brief overview and comparison of the definition of a victim across basic international documents, EU legislation, and the legal order of the Czech Republic. Furthermore, this section proceeds to analyse and evaluate the currently valid definitions of victim and particularly vulnerable victim as defined in the Victims Act, and offers a brief introduction of the Act. Subsequently, the third chapter describes and analyses the individual rights that victims are entitled to exclusively under the above-mentioned law, and, in the light of the findings from practice, presents a proposals for their improvement. The Victim Act has established a number of important rights that improve the legal position of victims, nonetheless their exercise is problematic in certain cases, in particular with regard to the victim's right to information. Moreover, the fourth part briefly...
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Current issues of collateral proceedings
Lehejčková, Petra ; Beranová, Andrea (advisor) ; Tejnská, Katarína (referee)
Current issues of collateral proceedings This thesis deals with one of the current issues of the so-called collateral proceedings, namely the compensation for non-material damage in the case of bodily harm and compensation for non-material damage in the case of killing or particularly serious bodily harm in these proceedings. This issue is very topical mainly due to a fundamental change in the legal regulation of the compensation for non-material damage in question brought by the Civil Code in 2014. This topic is also very specific as criminal, civil and medical law intertwine in it. The thesis contains chapters occupying on criminal law institutes of the injured party and collateral proceedings, which are topics closely related to the focus of this work and their explanation should be included in the thesis for the purpose of understanding of the selected topic. However, main part of the work focuses on the private law regulation of the compensation for non- material damage in the case of bodily harm and compensation for non-material damage in the case of killing or particularly serious bodily harm according to sec. 2958 and sec. 2959 of the Civil Code. The thesis is divided into four parts. The first part deals with the injured party as it is the main subject of collateral proceedings. This part...
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Non-criminal competence of public prosecution and its utilization in criminal proceedings with focus on economic crimes
Krůtová, Karolina ; Tejnská, Katarína (advisor) ; Šelleng, Dalibor (referee)
Non-criminal competence of public prosecution and its utilization in criminal proceedings with a focus on economic crimes Abstract This rigorous thesis focuses on the non-criminal competence of the public prosecutor's office and its interconnection with the criminal competence with a focus on bankruptcy crimes. The aim of this thesis was, on the one hand, to describe the content of the non-criminal competence of the public prosecution as a whole, the procedural position and legitimacy of the different levels of the public prosecution when participating in civil court proceedings and, on the other hand, to focus on the acquisition and use of knowledge gained from the non-criminal competence in criminal proceedings. Particular attention is then focused on activities of the regional prosecutor's office in the non-criminal area of law, its specific activities in this area and, in particular, on the knowledge obtained from the non-criminal activities of this part of the system and their use both for the ongoing criminal proceedings and for their examination in the criminal proceedings. The attention of the Regional Public Prosecutor's Office in obtaining knowledge from the non-criminal jurisdiction is focused in particular on bankruptcy offences and economic crime as a whole, and last but not least, the...
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Hate crimes and their sanctions
Holubová, Kateřina ; Říha, Jiří (advisor) ; Tejnská, Katarína (referee)
Hate Crimes and their sanctions Abstract This thesis focuses on the legal regulation of the punishment of hate crimes in the Czech Republic and attempts to provide a comprehensive overview of the principles, methods and type of punishment for this type of crime. The thesis first discusses the constitutional and legal basis of the sanctioning of hate crimes, with an emphasis not only on international legal documents but also on the Czech legislation. Next, the author attempts to define this type of crime, focusing in particular on the so-called hate motive, as this is the core of hate crime and has a significant impact on the imposition of penalties on perpetrators of hate crimes. Chapter 2 describes the methods of imposing criminal sanctions, their history and the individual sanctions that can be imposed on offenders under Czech law. The statistics on the imposition of sanctions for the year 2016-2020 show that alternative punishments are most frequently imposed - suspended imprisonment, fines, community service. Furthermore, this thesis deals with the issue of restorative justice and its application to hate crimes. The author draws in particular on foreign legislation (USA or Australia), where it is common to apply restorative justice methods to hate crimes. Although Czech legislation contains the basis...
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Competence and Organization of the Public Prosecutor's Office in Criminal Proceedings in the Czech Republic and the Federal Republic of Germany
Trojanová, Justina ; Pelc, Vladimír (advisor) ; Tejnská, Katarína (referee)
This diploma thesis deals with the topic of the competence and organization of the prosecutor's office in criminal proceedings, namely in the Czech Republic and in the Federal Republic of Germany. The institute of the Public Prosecutor's Office is a very important part of the functioning justice system, especially for the protection of justice and society from crime. The given topic can be perceived as very broad, and therefore this work is focused primarily on the comparison of the legislation in selected areas, where the differences that the legislation in question shows. In the legal systems of both states, it is possible to find a number of differences, but also similarities. The thesis is divided into seven logically arranged parts, each of which deals with a specific area of the topic in both comparative states. The first part is devoted to historical development in both states. The second part deals with the current legal regulation of the public prosecutor's office in terms of constitutional and legal anchoring, which is very different in the states. This part also discusses the issue of the classification of the public prosecutor's office into the concept of separation of powers. The third part describes the organization, where the emphasis is mainly on the system of prosecutor's offices,...
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Comparison of legislation concerning criminal liability of legal entities in the Czech Republic and the Slovak Republic
Kubala, Tomáš ; Tejnská, Katarína (advisor) ; Bohuslav, Lukáš (referee)
Comparison of legislation concerning criminal liability of legal entities in the Czech Republic and the Slovak Republic Abstract This master thesis deals with a very recent phenomenon of criminal liability of legal entities. Its recent implementation into national legislation of the Czech and the Slovak Republic provides evidence of its current relevance, which is followed by relentless criticism, lack of clarity and application difficulties confirms its currency. Nevertheless, discourse about its implementation by legislations of various countries around the globe can be seen in ancient history. Therefore, the first part of this thesis deals with the introduction of historical background and analyses in detail the development of this doctrine. Furthermore, it also examines the development of international discussion and lays down several international legal documents which serve either as recommendations or impose obligation onto the parties to introduce proper liability of legal entities. The most relevant part of this thesis consists of the comparison of current national legislation of the criminal liability of legal entities in the Czech and the Slovak Republic. But it also doesn't avoid the necessary line of reasoning of social essentiality of this doctrine including the disproval of reasoning which...
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Urgent and non-repeatable actions
Jandurová, Kateřina ; Tejnská, Katarína (advisor) ; Šelleng, Dalibor (referee)
Urgent and non-repeatable actions Abstract The graduation thesis focuses on the ambivalent institute of urgent and non-repeatable actions, which combines two contradictory requirements. On the one hand, a balance needs to be struck between the demand to protect the state, society and the legitimate interests of individuals and legal entities and to ensure a fair trial for the person against whom criminal proceedings are being conducted, on the other. The purpose of the urgent and non-repeatable actions is to enable the authorities involved in criminal proceedings to secure perishable evidence, even at the cost of infringing the rights of the defense. However, this distortion should be compensated to the defense by providing increased protection and furthermore, urgent and non-repeatable actions should be performed only when the legal conditions are fulfilled. The main goal of the thesis is a comprehensive analysis of urgent and non-repeatable actions in the sense of the Code of Criminal Procedure and higlihgting controversial issues and problems that arise in practice. The graduation thesis is composed of four chapters, each of them dealing with different aspect of urgent and non-repeatable actions. Chapter 1 is subdivided into two parts. Part 1 describes the historical development of urgent and...
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Protection of a victim of a criminal offence
Vejmělková, Denisa ; Tejnská, Katarína (advisor) ; Pelc, Vladimír (referee)
Protection of Victims of Crime Abstract This diploma thesis deals with the issue of protection of victims of crime. The first chapter is focused on victimology - a branch of criminology that scientifically studies the relationship between a victim and an offender. This chapter also deals with various historical and current approaches in victimology. The partial goal of this chapter is to provide an overview of the theoretical background, which should provide the reader with a basis for understanding the position of victims, protection of victims and their role in criminal proceedings, which are discussed in the following chapters. The second chapter deals with the phenomenon of the victim of crime. This chapter analyzes the concept of the victim of crime, compares the definition of the victim in the law of the Czech Republic and in the law of the European Union. It also deals with society's response to crime, the relationship between society and the victim, and some misconceptions about the so-called ideal victim. The relationship between society and the victim can be key to the victim's willingness to report committing of crime to law enforcement authorities, so I pay close attention to it. The third chapter deals with the individual rights of victims under the Act on Victims of Crime. The aim of the work...
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Entitlement to a claim of the injured party in adhesion proceedings
Janoušová, Michaela ; Jelínek, Jiří (advisor) ; Tejnská, Katarína (referee)
1 Abstract This dissertation thesis discusses the problems of entitlement to a claim of the injured party in adhesion proceedings. Concretely the procedure and conditions of a claim of the injured party in adhesion proceedings were introduced and the differences between a civil and adhesion claims were identified, especially in the relation to determining the amount of damage or other than proprietary loss. Academic literature, internet sources, relevant legal regulations, case law from not only the supreme court but also other sources, such as many personal meetings with specialists in given area, or practical experience gained during a study-related internship, were used to obtain information. The thesis is divided systematically into eight chapters. The first chapter deals with defining the term 'injured party' including its historical development. Next it deals with the legislation now in force alongside with defining the categories of injured parties. Following is an interpretation of the term 'victim of a criminal act.' The second chapter is focused on the claim of the injured party, concretely the conditions of a claim in adhesion proceedings, a claim of a legal representative and the basic principles of a claim were also explained. The third chapter is centered around damage compensation. Included...
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