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Alternatives to unconditional imprisonment
Brandeisová, Anetta ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
The name of my thesis is Alternatives of unconditional sentence of imprisonment. Because of a very wide range of alternative of unconditional sentence of imprisonment, I concentrated on suspended sentence, community service, house arrest and fine. I tried to present proposals base on studying laws, judicial decisions, czech and foreign literature. My compulsory work also examines legal regulations in the other countries in order to confrontation with Czech legal regulation and contains de lege ferenda reflections. The Austrian legal regulations of alternatives to imprisonment have been chosen for the purpose of this work, because their systems are close to the system of Czech criminal law. The thesis is divided into six chapters and some of them are divided into subchapters for better clarity. The first chapter is concerned with the concept of punishing. It is subdivided into two other parts. The first one deals with term of the punishment and the second one describes the purpose of the punishment. The second chapter looks into the alternative forms in criminal law in general. This chapter is also subdivided into four parts, which describs one by one the development of the alternative forms, their system, the concept of restorative justice and last but not least the activity of the Probation and...
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Necessity and self-defence comparison of Czech Law with Common Law
Krejčíková, Radka ; Vokoun, Rudolf (advisor) ; Tlapák Navrátilová, Jana (referee)
This thesis deals with the necessity and self-defense under the laws of the Czech Republic and their equivalents in the common law. The aim of the thesis is to introduce and describe each institute - necessity, self-defence, duress by threats, duress of circumstance and lawful use of force and their conditions for application. This paper also focuses to decisions of Czech, Irish, English and another courts which modified interpretation of mentioned institutes. The thesis analyses and compares conditions of Czech law and common law, which is represented mainly by Irish law. Introduction of thesis forms first chapter, it sets out aims and the methods used for achieving them. Second chapter presents general introduction where it is described differences of civil law and common law. Third chapter is divided into three subchapters and focuses on the position of necessity and self-defence in national law. This chapter theoretically analyses the position of institutes in justification in the context of national adaptation and describes their basic features. The fourth chapter deals with legal regulation of the necessity and its equivalents in the common law. Individual conditions are explained and presented on individual judicial decisions. Part of this chapter is even an analysis of possible excess from...
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Conditional discontinuance of criminal prosecution
Zemanová, Zuzana ; Herczeg, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
The topic of this thesis is conditional discontinuance of criminal prosecution. This institute is one of the alternative ways of handling the criminal case, which are collectively called diversions. Their theoretical basis is a concept called restorative justice. Conditional discontinuance of criminal prosecution is an institute of criminal procedure that is a significant manifestation of the subsidiarity of criminal repression. This institute represents the provision of certain privileges to the accused that lie in the fact that the criminal proceedings are not brought to its standard end in exchange for reimbursing the relationship with the victim, disturbed by the criminal offence. The thesis is divided into six chapters, which seek to render the chosen theme as well as its broader context. At thebeginning, attention is paid to the concept of restorative justice and the concept of diversions. The main part of this thesis is in the third chapter and is entirely exclusively devoted to conditional discontinuance of criminal prosecution. Author's goal is to cover all aspects of this concept and its application. The following chapter is devoted to other types of diversions. Given the limited scope for this thesis,this attention is however only marginal.. Within the penultimate chapter, the thorough...
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Criminal Proceedings against Legal persons
Chovanec, Štěpán ; Herczeg, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
Chovanec, Š. Criminal proceedings against legal entities Criminal proceedings against legal entities represent a significant innovation for Czech criminal procedure law. Adoption of Act nř 418/2011, about Criminal liability of legal entities and criminal proceedings against them, is considered as acceptance of the world's phenomenon of enactment of the institute of Criminal liability of legal entities. The lawmaker had chosen a special regulation for criminal proceedings against legal entities which however does not describe the issues solely. So the Penal Code is considered subsidiary applicable regardless it does regulate criminal proceedings against a natural person. The author of this text deals with risks and potential problems connected to this construct. The author of this text describes selected aspects of criminal proceedings against legal entities from its beginning to the enforcement proceeding.
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Structure and Development of Criminality in the Administrative Regions of the Czech Republic
Bejbl, Martin ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee)
This thesis is focused on the structure and development of crime in the single administrative regions of the Czech Republic over the period from year 2000 when these new administrative units were established until year 2012. The main aim of the thesis is to map and describe the structure and development of crime in the different parts of the Czech Republic, the profile of typical offenders and crime typical for the given region and last but not least the detection rate of crime committed in the analyzed areas. The text also explains the key terms such as criminology and crime and its structure and development and presents the main sources of data used for the hereabove described analysis. The difference between latent and registered crime is also discussed therein.
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Home confinement
Sýkora, Josef ; Jelínek, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
195 Home confinement Abstract The inexorable rise of inmates, coupled with disappointingly high rate of reccurence of crime, has refocused attention on finding alternatives to imprisonment regarding criminal sanctions permitted by the new Penal Code of the Czech Republic which came into force on 1 January 2010. This thesis was aimed at dealing with a comprehensive analysis of home confinement. The application of legal doctrine is of fundamental relevance to house arrest related to de lege lata and de lege ferenda provisions. The concept of home confinement as an alternative to criminal incarceration to provide inmates the opportunity and privilege of living at home is associated with the principles of punishment and reducing overcrowding at the jail. This sanction, however, has not yet anchored in the context of penal sanctions. The main reason is the failure to optimally connect real legislation, application practice, the state's interest and a well- functioning infrastructure. The current de lege lata editing in the context of the application practice is considered to be in conformity with advanced foreign legal systems. Nevertheless, we must insist on the fact that currently our situation is far from reaching the desirable legislative stability related to house arrest, despite the current valid...
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The Position of the Defencee Counsel in Pre-trial Proceedings
Nevařil, Vít ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee)
The study "The Position of the Defence Counsel in Pre-trial Proceedings" examines the status of the defence attorney in the preliminary procedure, i.e. in the pre- trial phase of criminal proceedings. First, the text deals with more significant amendments to the Criminal Procedure Code and with the development, purpose and various forms of the preliminary procedure. In the following part, the study provides a brief outline (model) of the course of the preliminary procedure and offers elementary definitions of fundamental institutes of this procedure. The second part of the study focuses at first on an analysis of fundamental principles of criminal procedure. Out of those principles, most detailed attention is paid to the right to the defence counsel and to the attributes of such right. The third part of the study describes the various requirements imposed on the defence attorney, the defence attorney's rights and obligations, the institute of legitimate defence and discusses finally the most fundamental interference into the accused's right to free election of a defence attorney - expulsion of the defence attorney. This part of the study also provides a more detailed analysis of the client's - defence attorney's privilege and discusses the specific features of the defence of a legal entity. The...
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The issue of the concept of criminal custody
Válek, Dalibor ; Herczeg, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
The diploma thesis deals with the issues of the concept of criminal custody. The aim is to discuss the appropriate effective legislation, point out some problematic issues related to it and provide a broader look at the institution of custody. The work is divided into 10 chapters, which are divided into two parts. Part 1 focuses mainly on the analysis of detention rules contained in Section 1 of Chapter 4 of the Criminal Procedure Code. Preceding this, personal freedom is defined, summarized from the perspective of constitutional law and the definition of personal freedom in international law, and an examination of the institution of custody and subsequently its general character in terms of criminal law is undertaken. The second part is then devoted to the four chosen issues in some way connected with the institution of custody and that in terms of the issue of the right to be heard in the remand proceedings, custody in juvenile proceedings, control mechanisms for upholding of the rights of persons in custody and a prisoner's right to vote.
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European arrest warrant
Vomlelová, Lenka ; Herczeg, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
European arrest warrant represents an innovative criminal procedure instrument at the European level that has significantly helped the Member states of the European Union to effectively prosecute cross-border crime. The aim of my diploma thesis is to describe and analyze the European arrest warrant as a legal basis of surrender procedure among the Member states of EU. The description of this institute is not the only thing to be presented to the reader, the thesis also proposes a critical view on using it. The thesis is divided into five chapters. The introductory chapter is an analysis of the traditional international judicial cooperation in criminal matters and its particular types, mainly the extradition, which is important for a consecutive explanation of surrender procedure. After a brief theoretical part, in the second chapter author focuses on the evolution and the process of the European judicial cooperation in criminal matters, starting with the opening of the external borders of the EU regarding the Schengen Agreement in 1985, mentioning the important Maastricht and Amsterdam Treaties and the last important change of the Treaties of the European Union brought by the Lisbon Treaty. Corpus Iuris, a prototype of a criminal law code of the EU, will be as well mentioned. Whereas the third...
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The issue of life imprisonment
Polívková, Michaela ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
The topic of this thesis is the issue of the life imprisonment and the main aim is to analyze this punishment in Czech legal environment and to point the possible improvements that could be done in this legal area. Since this kind of punishment has been involved in Czech system of punishments for only 24 years now, it gives enough space for its study and that is why I chose it as the topic of my thesis. This thesis consists of six main chapters. In the first one my task was to enlighten the meaning of the basic terms which are necessary to apprehend in order to be able to understand the problematic of punishments in general. Other half of this chapter is dedicated to the evolution of understanding the term "punishment" itself and the main opinions of the prominent philosophers such as Cesare Beccaria, Ch.L.Montesquieu, J. Locke and others. Second chapter describes the history of the highest penalty and criminal law in general in Czechoslovakia and Czech Republic in the years 1918 - 2009. In this period of time the significant historical events influenced the Czech law, especially the creation of independent Czechoslovak republic, the period of World War II, consequential rise of communism and its fall more than 50 years later..All of these events had main significance for the journey to death...
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