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Material Custody and Compensation for Custody
Bunganič, Jan ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Die Kurzfassung Diese Arbeit stellt einen Exkurs ins strafverfahrenlichen Institut der Untersuchungshaft vor. Sie widmet sich vor allem den Voraussetzungen und den Gründen für die Möglichkeit der Haftverfolgung. In der wissenschaftlichen Literatur wird diese Problematik oft wie sog. das materielle Untersuchungshaftrecht genannt. Dieses Thema wählte ich vornehmlich für die Kontroverse der Untersuchungshaft, weil sie mit den vielen menschlichen Grundrechten kollidiert. Die Arbeit wird in sieben Kapitel gegliedert. In den ersten Kapiteln werden die Gründe der Regelung, die theoretischen Definitionen und vor allem die Maximen, darauf dieses Institut aufgebaut wird, angeführt. Die Maximen sind sehr wichtig vor allem für die Anwendung in der Praxis. Die Untersuchungshaft stellt nämlich ein von den schwersten Eingriffen im Freiheitsrecht vor, deshalb werden hier auch die Forderungen der Urkunde der Menschenrechte und der Freiheiten, der Europäische Menschenrechtskonvention und des Europäischen Gerichtshofs für Menschenrechte angedeutet. In dem dritten und zweiten Kapitel folgt die Aufzählung der nötigen Voraussetzungen für die Untersuchungshaftentscheidung. Schrittweise wird die Notwendigkeit der Beschuldigung, des dringenden Verdacht von der Straftatbegehung oder die Unterlagen für Gerichtsentscheidung...
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House arrest
Kasalová, Petra ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
The presented thesis deals with the alternative punishment of house arrest, which became the part of the system of criminal sanctions when the new Penal Code came into force on 1st January 2010. The purpose of this thesis is to summarize current valid and effective legislation of this institute, to describe its weaknesses, to evaluate the current judicial experience in imposing the punishment of house arrest and to suggest possible improvements of the current legislation considering the final conclusions. The introductory part of this thesis is divided into two chapters focusing on approaching the basic and the most important terms, especially the term of punishment and its purpose, alternative punishment, restorative justice and its principles. Related subjects such as criminal theory, the principles of sentencing and criminal system are explained to put the issue in a broader context and to clarify them. The first part of this thesis is concluded with the interpretations of the development of alternative punishment in our legislation and the foundations of the new codification of substantive criminal law. The second part of this thesis is focused in detail on the issue of the legislation of the punishment of house arrest. It is divided into four chapters, whose goal is a detailed analysis of...
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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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To criminal liability in health care
Mika, Zdeněk ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
As lege artis Medicinae is known such way of treatment and diagnosis, which is consistent with current scientific knowledge and practice. Literally the term means according to the law. Incorrect procedure medical worker is classified as non lege artis. In the context of criminal responsibility is the subject of a criminal offense in particular health professional (usually a physician) are typically the object: life, health, human fetus and interest in the correct medical procedures. Object of the attack is a person. Criminal Code of such conduct typically as non lege artis includes crimes against life, against health offenses endangering life or health, crimes against pregnant women. Expert is in the criminal proceedings usually required in order to assess the correctness of the chosen treatment procedure by an independent expert.
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Development and structure of juvenile crime in the Czech Republic
Majner, Miroslav ; Gřivna, Tomáš (advisor) ; Vanduchová, Marie (referee)
ANGLICKÝ ABSTRAKT Development and structure of juvenile crime in the Czech Republic The purpose of my thesis is to provide a comprehensive analysis of juvenile crime, especially in view of its causes, specific features, development and structure. I am convinced that knowledge about current situation of juvenile crime helps to deal with the most important issues of this dangerous social phenomenon. The thesis is composed of five chapters, each of them divided into parts. At first, there is an introduction after which comes Chapter one that defines the basic terminology used in this thesis. Chapter two deals with history of the criminal law access to delinquent youth in the territory of the Czech Republic since 1918 until now. Chapter three is subdivided into three parts. Part one focuses on the difference between registered and latent crime. Part two analyzes the specific characteristics of juvenile crime. Part three looks for the reasons why a minor commits a crime. Chapter four also consists of three parts. Part one describes the development of the general crime regardless of the age of the offenders. Part two addresses the issue of development of the child and adolescent crime between 1989 and 2013 including the extent of its detection. Part three subsequently investigates a detailed analysis of the...
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Actual questions of necessary defence
Votočka, Jan ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
Actual questions of necessary defence Rigorous thesis called "Actual questions of necessary defence" is based on Criminal Code, Act No. 40/2009 Coll., as applicable to 1 May, 2014. The thesis deals with the necessary defence which belongs to the basic human rights that give everyone the right to avert by himself the attack on interest protected by the Criminal Code. The focus of this thesis is not primarily on the basic legal issues of the necessary defence, but on questions which have not so far been given much attention to and which are at the same time, with regard to the status and the development of the society as well as its legal environment, very current. First part of the thesis is devoted to the necessary defence as the circumstance excluding illegality, its insertion among these circumstances and in particular to the mutual relationship of individual circumstances to the necessary defence. A particular attention is paid to the relationship of necessary defence to the legitimate use of weapon and to the issue of competition of these two circumstances excluding illegality. The following part of the thesis discusses in detail the topic of automatic defence systems, which use can be categorized in terms of criminal law as the necessary defence. The problems with these devices necessarily...
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Assistance to victims of crime
Bechtinová, Natálie ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The chosen topic for this MastersThesis is "Assistance to Victims of Crime" - primarily due to its growing social significance. Society as a whole should not turn a blind eye to the serious impact of crime, focusing only on the punishment of convicted criminals; it should also focus on assistance to those harmed and affected by crime. Criminals usually commit crimes with a strong conscious awareness of their misbehaviour, while victims have no similar expectation; for them, a criminal event is like something "out of the blue". The shocking and traumatic impact following the crime, is something unbelievable for one who never had such an experience; hence, the return back to normal life is often very difficult for victims of crime. A society which aspires to be modern and developed should make this return as easy as possible, implementing a series of measures in the field of assistance. My goal was to describe the possibilities which exist in this area but also to concentrate on the current legislation, especially on new rights being brought into practice by the new Victims of Crime Assistance Act No 45/2013 Coll. The Thesis consists of eight chapters including an Introduction and a Conclusion. The first part is dedicated to victimology, a part of criminology that comprises a scientific study focused on...
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Life imprisonment
Černovská, Veronika ; Šámal, Pavel (advisor) ; Vanduchová, Marie (referee)
Life imprisonment Resumé The purpose of my thesis is to penetrate into the issue of life imprisonment and to analyse consequences which are connected with its legislation. The death penalty was replaced by life imprisonment in our country in 1990. The penalty of life imprisonment as the toughest punishment in the legal system of the Czech Republic necessitates big attention, because it causes considerable harm to the human rights of people sentenced to it. That is why it is possible to impose life sentence only in compliance with the strict conditions and only for enumerated crimes, both stated in the penal code. Nevertheless, life imprisonment has its supporters and opponents as well as death penalty, because it has not only advantages in comparison with capital punishment, but also some disadvantages. The thesis tries to describe these problems and propose solutions to it. The thesis is composed of seven chapters, each of them dealing with the issue of life imprisonment from a different point of view. The chapters are thematically divided into subchapters. It is necessary to know the historical context to understand the present legislation of life imprisonment, therefore Chapter One looks at development of life imprisonment, briefly in the world, but it focuses mainly on its development in our territory...
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Domestic violence
Havlíčková, Zita ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The theme of the rigorous work is the domestic violence. The work is divided into three main parts - into a theoretical part, which deals with types of domestic violence, the characteristics of individual perpetrators and victims and with other theoretical questions connected with this topic. The second part briefly presents the administration law and civil law connected with this phenomenon. The most extensive part of the work is dedicated to the criminal legislation of this social problem. The text is completed with extensive practice of the court. Powered by TCPDF (www.tcpdf.org)
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Criminal-law protection of victim of domestic violence
Stupková, Lucie ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
- Criminal-law protection of victim of domestic violence The aim of the thesis is to summarize and evaluate the issue of legal protection of domestic violence victims in the Czech Republic, especially what concerns criminal law. In the first part of the thesis, the author deals with the definition of domestic violence and issues associated with it. Attention is paid to the features which must be present so that violent behaviour may be considered domestic violence. The work also mentions the types and causes of domestic violence, as well as myths that are rooted about it in society. In addition, this chapter also focuses on the characterization of the perpetrators and victims of domestic violence. The second chapter discusses the development of the society's attitude towards solutions of domestic violence. It focuses on the breaking point when society realized the need for changing its attitudes towards domestic violence. Particular parts of the chapter focus on the most important legislative milestones. At first, it discusses the introduction of the fact of crime of battering a person living in a shared house or flat into the Criminal Code. Further on, the legal regulation on protection from domestic violence is presented, and other legislative changes in this area are briefly mentioned. The theme...
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