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Violent crime and its prevention
Vondrušková, Magdalena ; Říha, Jiří (advisor) ; Vanduchová, Marie (referee)
The theme of this thesis is "Violent Crime and its Prevention". The violence can be seen everywhere, in the family, in school, at work or in the streets. Every day the media inform the public about violent crime. Is it true that the violence increases in our society or is it only a report interesting for the media? The purpose of this study is the answer this question. The thesis is composed of seven chapters and a number of subchapters. The first and introductory chapter defines basic terminology used in the thesis, for example criminology, criminality, violent crime, aggression and violence. Chapter two deals with the phenomenology of violent crime. The chapter consist of three parts. Part one focuses on the state of violent crime. Part two is concerned with the structure of violent crime and part three documents dynamics of violent crime. Third chapter outlines the victims and theirs issues. This chapter firstly explains the terms as victimology, victimity, victimization, victim. Latter parts of this chapter are concerned with the behaviour of victim, the relationship between offender and victim, the typology of victims, the help to victims, prevention from becoming a victim, the victim's psychology and finally analyses the victims of violent crime in the Czech Republic. Fourth chapter is called "The...
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The injured party in criminal procedure and his/her protection
Kadlčíková, Eva ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The injured party in criminal procedure and his/her protection The purpose of my thesis is to analyse position of the injured party and his/her rights in Czech criminal procedure and to highlight changes which will be brought to rights of injured party by The Victim of Crime Act. This thesis is divided into five chapters. The first chapter briefly introduces the historical evolution of legal regulation of the injured party position in criminal procedure in the territory of the current Czech Republic. Next chapter is concerned with the term "injured party" in the current legal regulation. This part of thesis is especially focused on the need to differentiate between the terms "the injured party" and "victim of crime". The third chapter contains a crucial part of my thesis - it deals with the injured party position in criminal procedure and his/her rights. The chapter is composed of six subchapters. The first subchapter addresses the issue of general interpretation of procedural position of injured party in the Czech Criminal Procedure Code. Next subchapter shifts the focus to two categories of injured parties in criminal proceedings (the first category is the party of adhesion procedure with special rights, the other one is not). The third subchapter describes the procedural rights which are granted...
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An agreement on guilt and punishment
Pospíšilová, Aneta ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
An agreement on guilt and punishment The presented thesis deals with the relatively new institute of the criminal procedure, namely the agreement on guilt and punishment (hereinafter also referred to as "agreement") that was implemented into Czech law by an amendment of the Code of Criminal Procedure, namely by the Act no. 193/2012 Sb., effective from 1 September 2012. The introductory chapter deals with a closer description of the agreement on guilt and punishment. The author presents first available definitions of the agreement and points up its questionable classification as one of the so called "deviations" from the regular criminal procedure. The thesis evaluates the harmonization of this institute with the basic principles of criminal procedure, the fulfilment of which is decisive for the typical character of the continental criminal procedure. In this chapter, the thesis also deals with the question whether the agreed sanction is capable of fulfilling the purpose of punishment as such. The second chapter of the thesis is focused on the prerequisites that are necessary for the prosecutor and the accused to be allowed to enter into the agreement on guilt and punishment. Further, the chapter elaborates on the negotiation process and legal requisites of the agreement. Last but not least, the...
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Commercial Sexual Exploitation of Children
Uchytilová, Soňa ; Gřivna, Tomáš (advisor) ; Vanduchová, Marie (referee)
RESUME V ANGLICKÉM JAZYCE The topic of this thesis is commercial sexual exploitation of children, which is defined in international documents as sexual abuse by an adult and remuneration in money or non- monetary benefits to the child or to a third party. The thesis is divided into five parts. The first chapter is dedicated to theoretical introduction to the phenomenon of commercial sexual exploitation of children. For each form of commercial sexual exploitation of children are given the historical aspects of the origin, causes and forms of their existence and examples from practice. The second chapter focuses on international cooperation in the field of protection of children against commercial sexual exploitation. It mentions three most important international congresses that took place since 1996 - World Congress in Stockholm, Yokohama and in Rio de Janeiro. There were accepted soft law documents. In the third chapter is incorporated international legislation of the fight against sexual violence against children. There are presented and analyzed major international documents. These are documents of the United Nations, the Council of Europe and the European Union. The forth chapter contains national legislation of Czech Republic. This chapter is divided pursuant to the individual form of commercial sexual...
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Animal protection in criminal law
Krupková, Kristýna ; Hořák, Jaromír (advisor) ; Vanduchová, Marie (referee)
English abstract I chose theme of my Master's degree thesis because it's actual because of the situation in society and new Civil Code, which changes legal status of animal. The purpose of my thesis is to analyze legal status of animal in Czech law, particularly in criminal law. I want to think about it, if is actual legislation sufficient, about problems and propose possible solutions. The thesis is composed of nine chapters. Chapter one is devoted to animal legal status in Czech law. It is divided into four subchapters, which are deal with explanation of the concept of animal, its legal status, its protection instruments and in the last subchapter is deal with animal legal status by the new Civil Code. Chapter two is focuses on public animal protection in general. In Four subchapters I summarize animal legal status in public law, constitutional framework, legislation in administrative and criminal law. Chapter three is devoted to Act No 246/1992 Coll., on the protection of animals against cruelty. Four subchapters are deal with purpose of this Act, definition basic concepts, administrative delicts and authorities of animal protection. Chapter four is called Criminal law protection of animals. This chapter has six subchapters, and in these I am thinking of causes of "new" Criminal Code, its purposes, its...
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Criminal aspects of domestic violence
Váňová, Radka ; Hořák, Jaromír (advisor) ; Vanduchová, Marie (referee)
Criminal aspects of domestic violence SUMMARY Domestic violence is a serious social concern with high level of latency. The domestic violence victims protection is ensured by legal standarts of Civil, Administrative and Criminal Law and other legal standarts. Criminal Law is one of the important instruments for tackling of serious forms of domestic violence. However Criminal Law is an instrument "ultima ratio" which needs claiming of subsidiarity principal of the crime repression. The purpose of my thesis is to bring a summary of the legal standarts of Criminal Substantive Law and Criminal Procedure, that are dedicated to protect the victims of domestic violence. It also provides the brief analyses of the legal standards with respect to this serious phenomenon. The emphasis is put particularly on the criminal offences maltreatment of a person living in common domestic matters, maltreatment of a person in a guardianship and stalking. From procedural point of view the thesis addresses the issue of the consent of the victim to the criminal prosecution, institute of detention and the status of victims in criminal proceedings. The thesis also makes recommendations for the legislation de lege ferenda. Chapter one outlines theoretical and practical findings of domestic violence, defines the notion and describes...
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Issues of criminal liability of legal entities
Knytl, Jan ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
(Abstract in English) This thesis deals with certain question of criminal liability in the case of legal ethities, which presents a recent phenomenon in Czech legal setting. The most important reason for working on this subject was my interest in the area of criminal law. In this context, the new law on criminal liability of legal persons constituted an ideal subject for processing, which would allow me deeper acquaintance with the problems about this important topic. In the Chapter One the work describes genesis of a newly adopted law in Czech republic and in the next Chapter Two compares it with another bill, which was proposed and promptly rejecter by the Parliament in the first reading in 2004. It goes on to analyse the question of presidential veto and its consequences. The Chapter Three, about the main lines of argumentation is subdivided into two parts. Part One describes the main lines of argumentation used by proponents of this new law, including a range of examples from the area of environment protection. Part Two deals with the main lines of argumentation used by adversaries of this new law. The Chapter Four describes the importance of the selected institutes of the law on criminal liability of legal entities. The work's focal point lies in the analysis of key elements of Czech law in the...
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The principle of subsidiarity of criminal law
Vychyta, Jan ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The right of any person accused of a crime to be defended at a court by a professional defence counsel is a fundamental element of a democratic criminal proceeding. The aim of this diploma thesis is to analyse the position of the defendant as it is regulated particularly within the code of criminal procedure and the advocacy act, to gather and to summarize available information from various publications written by important Czech jurists and to add a brief introduction to the history of the position of defence counsels in the Czech legal system as well as some own minor remarks related to this topic. The thesis consists of 10 main chapters further divided into two levels of sub- chapters. After a brief introduction (chapter 1) follows the chapter related to a general concept of the defence right and relating issues such as the formal and material defence and the relevant sources of law. The third chapter contains short summary about the development of the counsel's position and the law regulating it throughout modern history from 19th century, up to this day. The following chapter which is the largest is called "Position of the defence counsel in the criminal proceedings". It contains a several sub-chapters dealing with various issues from general ideas of a role of the defence counsel to the...
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The issue of juvenile criminal justice. Comparison of Czech and Swiss legislation.
Hurychová, Lucie ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
The thesis deals with criminal youth justice. It introduces the Swiss legal system, its fundamental aspects and methods of punishment of Swiss youth offenders. The basis for this is found in the Swiss law "Jugendstrafgesetz". The first chapter presents the current Czech legislation, describes the construction of the law on liability for wrongful acts of youth and juvenile justice, juvenile criminal responsibility to 18 years and their punishment for committing an offense. The Czech law divides sanctions on educational, protective and punitive measures. The Czech law does not recognize the concept of crime, but uses the term trespasses. This allows you to save quite a wide variety of records that can be saved from a warning alert after imprisonment. The Czech law also contains concrete procedures for investigation of crimes committed by youths. The second chapter is devoted to the Swiss legislation the law used was amateurishly translated into Czech by the author. The stated law describes the conditions in juvenile criminal liability for unlawful acts and the Swiss methods of punishment. The uniqueness of the Swiss regulation is the age of criminal responsibility which begins at the age of 10 years. Switzerland divides the sanctions for crimes into safeguards and penalties. Jugendstrafgesetz is not...
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Adequacy of penal sanction: Comparison of punishing traffic criminal offences and decumbent traffic administrative offences committed under influence of addictive substances in Czech and Slovak republic.
Mikuš, Michal ; Vanduchová, Marie (advisor) ; Hořák, Jaromír (referee)
Adequacy of penal sanction: Comparison of punishing traffic criminal offences and decumbent traffic administrative offences committed under influence of addictive substances in Czech and Slovak republic. Master's Thesis Michal Mikuš Summary. This thesis makes survey on a punishing adequacy of traffic offences committed under influence of alcohol and the other addictive substances. The theoretical basis, that knowledge is necessary prerequisite for reviewing punishing adequacy, like theories of punishment, purpose of punishment and a principle of adequacy, are in the theoretical part of the thesis. In the special part of the thesis is comparison of valid and effective law in the Czech and Slovak Republic. The practical part of the thesis is composed of an analysis of decisions delivered by the County Traffic Inspectorate Banská Bystrica, County Traffic Inspectorate Bratislava I., Banská Bystrica County Court, Bratislava I. County Court, City Hall of Zlín, City Hall of Prague, Zlín County Court and the Prague 2 Circuit Court. The analysis is composed not only of punishment adequacy review, but also of the all substantive and procedural deficiencies, that occurred in the decisions of particular state's body. At the end is provided comparison of analysis outcomes, which stemmed from decisions of national...
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