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Domestic violence and its prevention
Tichý, Štěpán ; Gřivna, Tomáš (advisor) ; Vanduchová, Marie (referee)
The topic of the submitted diploma thesis is "Domestic violence and its prevention". Domestic violence is a societal problem accompanying the society since time immemorial. For a long time this phenomenon has been understood by society only as a private matter and government should intervene only in extreme cases. This state has been changing for the last two decades. Both professional and general public has begun to accept the opinion that domestic violence is a public issue that requires a state intervention. Domestic violence must be perceived interdisciplinary because it is a very complex problem. In the introductory part there is presented a definition of domestic violence and some other terms related to it. The following criminological part describes domestic violence itself, its dynamics, principles and specifics that make it different from other forms of violence. In this chapter, various aspects of this phenomenon are analysed, such as private nature, repetition and longevity, clearly defined constant roles, etc. Further, domestic violence is divided according to its types and forms that are specified in details. The last section of the criminology part looks at the topic from the perspective of victimology which studies victims of a crime. The aim of this section is to divide and describe...
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An agreement on guilt and punishment: comparison of Czech and Swiss legislation
Bicek, Rudolf ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Originally Anglo-Saxon criminal process concept in the form of plea bargaining also constituting the topic of this thesis has become a phenomena within a number of civil law countries in the last decades. This alternative way of solving criminal cases consists simply of the possibility for an agreement between the prosecutor and accused through plea bargaining if the accused, under certain conditions, admits committing the offense and agrees with the proposed punishment. When looking at foreign but also domestic legal literature we may, without any exaggeration, consider plea bargainig as a controversial institute. On one side are the proponents with their strongest argument being the acceleration and simplification of the criminal proceedings. However, on the other side, their opponents refer mainly to the flagrant inconsistency of this institute with the fundamental principles of continental criminal proceedings. In the first part this thesis the author examines the agreements in criminal proceedings in general, focusing on their origin, historical development and various basic forms in which the agreements in criminal proceedings are presented in the world. Special section is devoted to plea bargaining regulation in the Czech Republic where this institute was introduced by an Amendment to the...
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The issue of life imprisonment
Polívková, Michaela ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
The topic of this thesis is the issue of the life imprisonment and the main aim is to analyze this punishment in Czech legal environment and to point the possible improvements that could be done in this legal area. Since this kind of punishment has been involved in Czech system of punishments for only 24 years now, it gives enough space for its study and that is why I chose it as the topic of my thesis. This thesis consists of six main chapters. In the first one my task was to enlighten the meaning of the basic terms which are necessary to apprehend in order to be able to understand the problematic of punishments in general. Other half of this chapter is dedicated to the evolution of understanding the term "punishment" itself and the main opinions of the prominent philosophers such as Cesare Beccaria, Ch.L.Montesquieu, J. Locke and others. Second chapter describes the history of the highest penalty and criminal law in general in Czechoslovakia and Czech Republic in the years 1918 - 2009. In this period of time the significant historical events influenced the Czech law, especially the creation of independent Czechoslovak republic, the period of World War II, consequential rise of communism and its fall more than 50 years later..All of these events had main significance for the journey to death...
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Post-penitentiary treatment and prevention of recidivism
Kačírková, Tereza ; Vanduchová, Marie (advisor) ; Gřivna, Tomáš (referee)
My submitted thesis consists of 5 chapters which are divided into sub-chapters. The first chapter defines some fundamental terms which are crucial for the thesis, such as recidivism, post-penitentiary treatment and penitentiary treatment. The second chapter deals with criminal recidivism. There is a summary of criminal recidivism reflected in Czech legislation why there is a need for a special attitude to it and possible ways how to prevent it. The thesis also presents some statistics concerning criminal recidivism, focusing on statistics of Police Board. The third chapter describes penitentiary treatment which means influencing a convicted person during serving jail sentence. There is a plan of treatment made for each convicted person based on a comprehensive report on the person. Labour activities and activities aimed at forming external relations are the most important activities of the plan of treatment which should lead to social rehabilitation of the convicted person. Plans of treatment are focused on particular categories of convicts with regard to the committed crime or with regard to the fact, that the person has committed a crime again are called standardized plans of treatment. One of the sub-chapters is devoted to a recently introduced instrument called SARPO which is used for assessing a...
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The issue of a crime victim in criminology
Dleštíková, Tereza ; Hořák, Jaromír (advisor) ; Vanduchová, Marie (referee)
The aim of this thesis is to examine the concept of victims of crime from the point of view of Criminology. It is presented within the law studies, so its object also consists of the analysis of the international and national legislation relating to the position and rights of the victim, or more precisely, the aggrieved party in criminal procedure. Firstly, the work presents the concept of Victimology - the scientific discipline about the victims of crime, and it focuses on processes and factors of the victimization. The following chapter is focused on the victimology prevention. The second part of the thesis is dedicated to the study of the european legislation regarding the assistance, protection and compensation of victims of crime. Moreover the work describes the victimology legislation of Spain and the Czech Republic and compares the role of the aggrieved party in their criminal justice systems.
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The issue of juvenile criminal justice
Kudrnová, Jana ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The issue of juvenile criminal justice The topic of my Master's degree thesis is "The issue of criminal juvenile justice". It is focused on the area of unlawful acts of youth and children under fifteen years old. I have decided to focus on this area as it of a great interest to me. My Master's degree thesis is devided into five chapters and further split into subsections. In my thesis I have analyzed possible issues of corrective measures and their effectiveness. The main focus of my thesis is juridical and minor part is also devoted to criminal aspects of youth deliquency. I have accompanied my thesis with appropriate jurisprudence and real life examples. In the introductory chapter I have provided basic facts of the youth criminal acts, focusing mainly in the criminal aspects of the characteristic conducts and behaviors. The following chapter is focused on the historic development of the criminal jurisdiction of the youth deliquency on the territory of the Czech republic with the applicable Law No. 218/2003 Coll. Furthermore, this chapter is providing additional details for issuance of the separate legal act on the youth deliquency and comparison of this act with simile legal acts in the other countries. The third chapter is deep diving into the area of the legal accountability of youth people....
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Crime of murder and killing under Section 140, Section 141 of the Czech Criminal Code
Kučera, Petr ; Hořák, Jaromír (advisor) ; Vanduchová, Marie (referee)
This work explores in general intentional homicide according to the Czech law. Until recently, all cases of intentional homicide were considered as a murder. The new Czech penal code, adopted in 2009, divides intentional homicide into two crimes: original murder and less serious manslaughter. As mentioned above, crime of murder has gone through some important changes. In recent penal code, body of this crime is more divided for better fitting for specific offender; there is distinction between simple murder, which has affective character and premeditated murder or murder committed with aforethought. The term premeditation can be basically defined as mental activity of the offender that rests in evaluating of contradictory driving motives and precedes and determines the decision to commit a crime or to commit a crime in a certain way. Premeditation and aforethought characterize cases, in which the offender had relatively higher degree of rational control over his or her criminal act. Offender had a chance to take into account the motives dissuading him from the crime. Crime of manslaughter is a new a privileged factum in the system of Czech homicide law. It has two possible factums: excusable intense mental agitation and previous condemnable conduct of the aggrieved. Next part of the work focuses on the...
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Amnesty
Petrů, Zuzana ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The subject of this paper is an amnesty. There was a broad amnesty proclaimed on the occasion of the 20th anniversary of establishment of the independent state of Czech Republic. Afterwards, amnesty was widely debated across the whole society, among experts, just as among amateurs. The aim of this paper is to give a coherent presentation on the most important and the most discussed matters related to amnesty. The first part of the paper is concerned with an amnesty in general. This means it is engaged firstly in its concept and character, history as well as current legal provisions of it. Next mentioned arguments stated pro and con amnesties are ensued by a comparison between Czech and foreign regulations of it. In the end of this part of the paper, international obligations are outlined. The core of this paper can be found in the part number two, which deals with the latest amnesty, declared in January 2013. Firstly, its reasons are presented, followed by summary of its magnitude and consequences for accused people, same as for the party harmed. There are also criminological aspects mentioned along with a hint of supposable resemblance to the amnesty proclaimed in 1990. A significant space of part two is taken up by article occupied with application aspects, because Václav Klaus' amnesty, in...
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Issues of criminal liability of legal entities
Pudilová, Anežka ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This thesis is dedicated to issues of criminal liability of legal entities. Act no. 418/2011 Sb., Act on Criminal Liability of Legal Persons and Proceedings Against Them (hereinafter as "the Act") came into force on January 1th , 2012. Adopting appropriate legislation Czech Republic not only met its international commitments, but also reacted to the fact that legal entities are becoming an instrument for committing serious types and forms of crime. The aim of this thesis is the analysis of the terms of criminal responsibility of the legal entities in context, taking into account strengths and weaknesses of the effective legal regulation. Studying the general issues of the offense responsibility of legal entities is the precondition for submitting integrated analyses of this specific section of the Act. This thesis is divided into three parts, which are formed by chapters, its sections and subsections. The first part is dedicated to the theoretical issues of criminal responsibility of legal entities among which are the conceptions of the offence responsibility of legal entities and arguments for and against introduction of criminal responsibility of legal entities. The second part of the thesis follows up the course to adoption of the Act, focuses on the object of the new statutory regulation, and on its...
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Cooperating Defendat
Mičánková, Pavla ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
AND KEY WORDS The purpose of my thesis is to analyze the institute of criminal informant as a legal instrument in the fight against organized crime. I introduce the historical background of cooperation between criminals and state on uncovering criminal activities. Then I follow with the analysis of current Czech legislation of cooperating accused and the so far limited cases of its application and also offer a comparative view of the law and its application in United States, Great Britain and Slovakia. The thesis is composed of six chapters. Chapter One is introductory and defines basic terminology used in the thesis: cooperating accused and crown witness. In this chapter I argue that the terms can be used interchangeably In the second chapter I introduce the history of cooperation between criminals and the state. Special subsection deals with the development of Czech legislation on cooperating accused. Chapter Three examines relevant Czech legislation and the limited number of documented cases of application of the institute. Chapter Four offers a comparative view of relevant legislation and approach to decision-making by trial courts in the United States and Great Britain and also the legislation passed in neighboring Slovakia. Chapter Five concentrates on problems resulting from organized crime,...
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