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Stages of the Commission of Crime under the Czech Penal Code and the Model Penal Code
Maternová, Tereza ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The master's thesis provides a rare insight into the issue of stages of the commission of crime from the perspective of two different legal systems through a comparison of the 40/2009 Coll., Penal Code's and the Model Penal Code's provision on criminal attempt in all its major aspects. The purpose of such comparison is to identify the most important differences between the two approaches, to assess the quality of the Czech Penal Code's arrangement and to consider any de lege ferenda suggestions arising for the Czech Penal Code from the detected distinctions. Such is provided through a thorough analysis of the Czech relevant legal framework, an analysis of the major relevant aspects of the Model Penal Code and a following scrutiny of the differences discovered. Powered by TCPDF (www.tcpdf.org)
Protective Therapy and Preventive Detention
Úředníčková, Adéla ; Šámal, Pavel (advisor) ; Vanduchová, Marie (referee)
The primary aim of this work is to summarize and evaluate the current legislation for institutions providing compulsory treatment and preventive detention, and if possible to also provide a comprehensive overview of the development of these institutions, ordering and discharging them, with respect to the relevant decisions of the court. This work consists of six chapters, with each one dealing with individual aspects of these institutions, and the introductory chapter mainly explains the circumstances behind the choice of this theme and their impact on the assignment and goal of this work. Another chapter is devoted to the historical development of compulsory treatment and preventive detention. It is demonstrated here how these institutions developed in Europe, as well as the development of protective measures before the establishment of independent Czechoslovakia, namely until the adoption of the Safe Detention Act and embedding compulsory treatment and preventive detention in the new Criminal Code. The third chapter is devoted to protective measures as a whole. It describes what is actually meant by protective measures, which parts of these institutions belong to this category, and in particular it shows major differences between punishment and protective measures. Special attention is also given...
Crime relating to the abuse of addictive substances
Juránková, Sandra ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
95 Summary - Crime Related to Substance Abuse This diploma thesis deals with the phenomena of drugs from the criminal law point of view. This topic represents a danger for a lot of domains, eg. criminality, therefore it is necessary to pay appropriate attention to it. The first chapter is introductory and it defines the basic terminology concerning drug problem. The next chapter looks at the drugs in international dimension. It focuses on international treaties handling narcotic drugs and psychotropic substances, which affected legislation in the Czech republic, especially by those adopted in the United Nations. I briefly mention overall situation in the Czech republic after 1989. The third chapter describes the evolution of legislation from the time of Austro- Hungarian empire until the times of new criminal code. The principal part of my diploma thesis concerns primary and secondary aspects of drug-related crime. The fourth chapter is a detailed analysis of drug crimes according to criminal code Nř 40/2009 Coll. Analysis of the individual merits follows after defining common features of these crimes. This chapter also reflects the Constitutional court decision. This decision cancels part of criminal code that enabled government to determine in its regulation the quantity of the drug which is to be treated...
Admissibled risk
Špornová, Veronika ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
Permissible risk (Abstract) Topic of this thesis is permissible risk which is one of circumstances excluding the illegality in czech law. Text is divided into eight main parts. In first chapters history of permissible risk and circumstances excluding the ellegality are explained, then the relation between them is being discused. After first chapters that are about permissible risk in general, special parts come - permissible risk in health service, sports and economy. In each of this fields same topics are considered - special subject, acting lege artis, common good and relation between risk and the goal expected. Last part of this theses summons circumstances of permissible risk and asks a question whether it is necessary to have permissible risk in czech penal code.
The issue of juvenile criminal justice
Štemberková, Petra ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
THE ISSUE OF JUVENILE CRIMINAL JUSTICE Key words: criminal justice, youth, criminality, the age of criminal responsibility This diploma thesis presents the summary of the most discussed problems and disagreements of the juvenile criminal justice. The main in this are children and juveniles in their specific evolution which needs protection and attention from the specialized public. This thesis includes the reactions of judges, prosecutors and officers of Probation and Mediation service and the specification of the problems they have in the practice. There are also included the opinions of the children and juveniles to the issue of the criminal justice which could possibly relate to them. There are six capitols where I summarize at first the development of the criminality, with attention to the causes and possible solutions for decrease. At the other point there is a brief historical overview of development of the juvenile criminal justice in the world and in czech countries. Further I focused on contemporary legal regulation which is presented by Law no. 218/2003 Coll. of juvenile justice. I tried to evaluate the law, analyze the purpose and all the changes both substantive and procedural which the law brought to the czech legal system and I could summarize that it is a modern and succesful act...
Legal protection of domestic violence victims
Míšková, Michaela ; Císařová, Dagmar (advisor) ; Vanduchová, Marie (referee)
Legal protection of the victims of domestic violence In my thesis I focused on such a sensitive and very actual topic as domestic violence, especially from the perspective of existing legislation on protection of victims and also from the perspective of possible approaches to the possible solutions of this phenomenon. Despite the development of the legislation in recent decades the occurrence of domestic violence is still a major problem of modern society, mainly because of the fact that it usually takes place in private situations between the offender and the victim in a domestic environment "behind the closed doors" and the concerned persons are usually in close relationship. In my thesis I tried to focus on the phenomenon of domestic violence mainly from the perspective of the victims and their legal protection. I tried to define domestic violence by defining the necessary concepts, and also from the perspective of existing legislation of this phenomenon, including a description of previous development. In the introduction to my thesis I pay particular attention to the description of the characteristics, types and forms of domestic violence, its usual consequences. I also describe the victimological aspects and focus on the concepts of "victim" and "offender". Marginally I also describe...
Participation of the Counsel in the Preliminary Proceedings
Jelínek, David ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Participation of the Counsel in the Preliminary Proceedings A right of defence is one of basic rights of democratic state of law. It is contained in various international treaties and also in our constitution, namely in article 40 of Charter of Fundamental Rights and Basic Freedoms. In case of criminal procedure it is further adjusted in Criminal Procedure. Representation by a defence counsel is one of the main ways how to fulfill a right of defence. A defence counsel becomes essential compoment of criminal procedure. Especially in preliminary procedure is defence counsel and his services irreplaceable. For that reason I decided to examine the role of defence counsel in preliminary procedure. My diploma thesis consists of five chapters, whilst first chapter is introduction and last conclusion. First chapter is an introduction into topic of right of defence and role of defence counsel in criminal procedure. It also deals with legal sources of right of defence and its brief history form 1873Criminal procedure until recent Criminal procedure. In second chapter of my thesis I deal with right of defence in general and with different concepts in several subheads. Therefore subheads deal with problems of representation by defence counsel and subsequent mandatory defence. Subheads also deal with chosen and...
Criminal aspects domestic violence
Smetanová, Kristina ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
Smetanová, Kristina. Criminal aspects of domestic violence The topic of this thesis is the criminal aspects of domestic violence. The aim of the thesis is to describe this dangerous and complicated social problem and focus on outlining the possibilities of protection under Czech criminal law. The thesis consists of eight chapters. The first chapter explains what the domestic violence is and which sources, types and characters does it have.The second chapter shows who can be the violent person and this part is then divided into two sections according to the sex of the aggressor. Chapter number three illustrates possible victims of domestic violence. The next chapter deals with the types of legal protection that goes beyond criminal law and the chapter presents the Act against Domestic Violence, possibilities of civil court orders as well as it presents the orders issued by the police. Chapter number five points out the main criminal offences committed by aggressors most frequently in domestic violence situations. The sixth chapter shows the most important aspects of criminal proceedings in relation to victims of domestic violence and it especially describes their rights, possibilities and ways of protection during prosecution. The following chapter presents some of the foreign legislations which...
Selected criminal law aspects of youth criminality
Baranová, Michaela ; Musil, Jan (advisor) ; Vanduchová, Marie (referee)
Selected criminal law aspects of youth criminality Abstract The aim of this thesis is to point to selected aspects of criminal law, which distinguish prosecution and sanctioning of youth offenders from general provisions applicable to adult offenders. Youth offenders can be divided into two groups according to the Act No. 218/2003 Coll., on Liability of Juveniles for Illegal Acts and on Juvenile Justice. The first group consists of children, i.e. those offenders who do not reach fifteen years of age at the time of the offense. The second group consists of adolescents, i.e. those offenders who reach fifteen years of age but do not reach the age of eighteen at the time of the offense. These two groups of offenders are treated somewhat differently than adult offenders in the criminal proceedings, and the system of sanctions used to punish these offenders is also different from sanction schemes imposed on adults. In this thesis, the author outlines these differences and discusses selected aspects in more detail. The thesis also provides a historical excursion into the Czech criminal law that regulated the juvenile justice on the territory of the Czech Republic before the Act on Juvenile Justice came into force. Moreover, the thesis provides an overview of the minimum age for criminal responsibility in the Czech...
Alternative Sanctions in Czech Criminal Law
Huláková, Markéta ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
This thesis deals with the theme of alternative forms in Czech criminal law, especially with the matters of alternative sanctions. It is divided into sixteen chapters and begins by the explanation of the term and purpose of punishment (Chapter Two). Then it describes the origins and bases of alternative forms and alternative sanctions in criminal law, the system of alternative forms in Czech criminal law and details to alternative sanctions in general. The merits of this thesis rest in Chapter Six up to Chapter Ten. This passage concentrates on Czech legal regulation of five selected alternative punishments - suspended prison sentence, community work, fine, house arrest and restriction of going to the sport, cultural and other social actions. Each of mentioned chapters contains short treatise on history of the sanction, description of present legislation in the Czech Republic and proposals de lege ferenda. This thesis also includes comparison of above mentioned sanctions to similar institutes that are applied in Austrian criminal law. In any case, Austrian legal regulations of alternative sanctions and other alternative forms could be inspiring for our legislator.

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