National Repository of Grey Literature 337 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...
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...
Domestic violence in the Czech Republic and Poland - comparative study
Kempa Filipcová, Natálie ; Vanduchová, Marie (advisor) ; Pelc, Vladimír (referee)
Domestic violence in the Czech Republic and Poland - comparative study Abstract The following thesis deals with the topic of the domestic violence especially from the point of view of substantive law. The thesis compares the legislation in the Czech Republic and Poland. The aim of the thesis is to find out how the legislators of those two countries can inspire each other and what are the differences in the legislations of those two countries. The topic of the domestic violence is still very current and therefore I think it is very important to seek for new ways how to fight the problem. In my opinion it is possible to find new solutions by having look into the legislation of another country. The thesis consists of five chapters. The first chapter explains the concept of the domestic violence its features and forms. It also says how the phenomenon of the domestic violence is perceived by the people in those two countries. The myths and the stereotypes concerning the issue are also mentioned. The second chapter deals with the personality of the perpetrator and the victim. This chapter tries to find out the answer to the question if there are any dispositions to become a perpetrator or the victim of the domestic violence. The most endangered groups of people are also mentioned. The third chapter is the crucial...
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...
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...
Domestic violence (especiallyfrom the perspective of criminal law and criminology)
Býčková, Michaela ; Vanduchová, Marie (advisor) ; Galovcová, Ingrid (referee)
The aim of this work was to give a complete analysis of the phenomenon of domestic violence, especially from the criminal and criminological point of view. The topic of domestic violence is very wide. I considered necessary to also mention the legal regulation, which can be found in non-punitive legislation. It concerns especially the expulsion, the Act on social services and preliminary measures according to the Act on special proceedings. The introductory chapters define the definition of domestic violence, its specifics and individual types, which are physical, mental, social, sexual and economic violence. Followed by causes of domestic violence, along with the criminological description of the perpetrator, the victim, and the typical syndromes that may be manifested by the victim of domestic violence. Since the Czech Republic is a signatory to many international conventions affecting domestic violence, I have included in this work their basic analysis, with the greatest emphasis placed on the Istanbul Convention. The main part of the work is domestic violence from the perspective of substantive criminal and procedural law. The chapter of substantive law contains typical crimes that are perpetrated in connection with domestic violence. The most typical is the abuse of a person living in a shared...

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