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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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The issues of juvenile criminal justice
Hájek, Filip ; Hořák, Jaromír (advisor) ; Vanduchová, Marie (referee)
In my dissertation "Problémy trestního soudnictví ve věcech mládeže" I speak about the issues of criminality of the young and about the forms of reactions to misdemeanour caused by the young perpetrators or children. The main legal regulation in this area is the law no. 218/2003, about the judiciary in cases of the young, that contains the arrangement of the material and the procedural law. In connection to the criminal law and the penal code it is a lex specialis. In the first chapter I speak about the theoretical fundation of the law arrangement, and so about the conception of the restorative judiciary. The main idea of this conception is to favor the educational action before repression. The aim is the relationship reconsiliation between the perpetrator and the victim, the awareness of one's deeds and subsequent continuance in one's life in conformity with legal order. The theme of the second chapter is the terminology of the judiciary law in cases of the young. A different terminology was implemented in order to reduce the stigmatization of the young perpetrators, due the interest of their proper development. The third chapter represents a brief retrospect to the history of law arrangement in the area of criminality of the young. In particular, it speaks about the judiciary law among the young...
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Stalking - criminal and criminological aspects
Sadílková, Renáta ; Čírtková, Ludmila (advisor) ; Vanduchová, Marie (referee)
This dissertation deals with today still actual phenomenon called stalking, not only with it's more serious form known as a dangerous stalking but even its less serious forms. The work is systematically divided into three key parts - the first one focuses on a term definition followed by the part dealing with criminal points of view and the last one concentrates on criminological aspects. The introductory chapter contains some of the most famous definitions trying to define a difference between a stalking and a dangerous stalking. The readers are as well informed about the history of stalking and its possible forms to make it easy to understand the problem on a common level. The second part is dedicated to a criminal level of stalking. It detailly focuses on a quite interesting process of incorporation of a dangerous stalking offence into a law system of the Czech Republic. It also provides a list of possible sanctions of a stalker before an antistalking legislation introduction (it means before the year 2009). The second part of my work deals with a complex analysis of facts of the case according to the enactment §354 of the Criminal Law that is compared with some foreign norms in which it has found an inspiration. Of course, the analysis of the Supreme Court judicature is not missing here. The...
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Domestic violence and its prevention
Krénová, Julie ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
ZÁVĚR Domácí násilí bylo po dlouhá staletí běžnou součást rodinného života. Muž, hlava rodiny, měl moc nad životem svých blízkých. Rozhodoval o sňatku dcery, vzdělání syna, trestu pro "neposlušnou" manželku. Rozdělení na mužské a ženské role bylo ve společnosti striktně dodržováno. Co se událo v rodině, to tam také zůstalo. Žádné domácí násilí oficiálně neexistovalo. Přístup státu a společnosti se postupem času změnil. Vývoj směřoval od ignorování problému, přes postih nejkřiklavějších incidentů až po snahu domácímu násilí předcházet. Dnes společnost fenomén domácího násilí nejen zná, ale také vnímá jeho závažnost a nutnost zásahu zvenku při jeho řešení. Zcitlivění veřejnosti, ať už laické či odborné, je klíčové. Jen nulová tolerance násilí uvnitř rodiny může vést k důslednému řešení problému. Na začátku 21. století téměř všichni obyvatelé České republiky vědí, co je domácí násilí.1 Nebyla to snadná cesta. Na jejím počátku bylo zavírání očí před problémem, případně nedostatečné a nesystematické postihování nejzávažnějších činů. První pozitivní změnu přineslo vložení samostatné skutkové podstaty § 215a do trestního zákona. Umožnilo trestat zlé zacházení pachatele s osobou, která s ním sdílí obydlí, bez ohledu na to, zda jednotlivý útok dosáhl intenzity trestného činu. Kriminalizace domácího násilí byla...
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Community service punishment and its enforcement
Vyskočil, Ondřej ; Gřivna, Tomáš (advisor) ; Vanduchová, Marie (referee)
Community service The thesis is devoted to a sentence of community service as provided in the Penal Code No 40/2009. The thesis is a description of the conditions under which the penalty is imposed and the conditions for its execution. Because the sentence may be performed by persons under the age of eighteen years, is part of the text also the legislation Act No. 218/2003. In criminal law the community service is one of alternative penalties used in Czech Republic. The significance of this punishment is to enable offender to retrieve to injured person the loss and to do some useful activity for community public and other beneficial institutions which deals with education, culture, health protection, humanitarian, social, charitable, religious, sportive activity etc., but those activities cannot serve for earning purpose. This kind of punishment also allows the person to remain at liberty and not to break the positive social ties in their natural environment. The judge may impose a penalty of fifty to three hundred hours, while a person under eighteen years of age may be sentenced to community service to maximum of one hundred and fifty hours. In addition, the judge may order the convicted person a reasonable duties and restrictions. If the convicted does not achieve his punishment, defeat it or does not...
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Domestic violence and its prevention
Fischerová, Petra ; Karabec, Zdeněk (advisor) ; Vanduchová, Marie (referee)
The thesis deals with the problem of domestic violence and its prevention. The first part of the thesis focuses on defining the key notions necessary to understand speci-fic characteristics of domestic violence. The next part of the thesis concentrates on con-temporary legal regulations on domestic violence, progress up to now, and this is being followed up by suggestions de lege ferenda on the end of the thesis. The essential part of the thesis deals with prevention and tries to present improvement suggestions.
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Legal Defenses under Czech and German Criminal Law
Horský, Jiří ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
The thesis addresses the analysis and comparison of individual elements of defenses under Czech and German criminal legal statutes with respect to the conclusions, which are therefrom drawn in theory and practice. The aim of the thesis was to render overview concerning the distinctions in the defenses, provided that these are based on common reasoning, are generally acknowledged and theoretically elaborated, rather than to present an exhaustive commentary on all legal institutes which exclude illegality and as such come into mind. The fact that the defenses are mutually close in their character and meaning within both legal systems was a major prerequisite for the thesis. The thesis analyses the distinctions with regard to the individual preconditions of separate defenses. These distinctions are not limited only to the extent of the wording of a legal statute, they also greatly manifest in professional literature and case law. Owing to the brief and abstract nature of the respective provisions the courts and theorists developed large quantities of principles and rules which precise and sometimes even amend these provisions. The subject has been processed under consideration of the present-day legal regulation, the topics of origin and development of defenses has intentionally not been discussed....
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