|
|
The injured party and his procedural rights in Czech criminal proceedings
Vaňková, Zuzana ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
The injured party and his procedural rights in Czech criminal proceedings Abstract: The subject of this paper is the injured party and his procedural rights in current Czech criminal proceedings. The aim of this paper is to depict the victims' position comprehensively, with an emphasis on their procedural rights in criminal proceedings. The systematics of the text is chosen in such a way, so that individual situations in which the concerned persons end up and their related rights follow as far as possible chronologically. The first chapter is concerned with defining the basic concepts and also with sources of the relevant legal regulation. Afterwards, the paper contains the description of the period from committing the crime to the criminal proceedings, mainly from the victims' point of view. Firstly, some statistic data is given to illustrate the likelihood of victimization in the Czech Republic, followed by an enumeration of lawful reaction to it. The list of places, where the victim can find help and support, is mentioned as well as the description of the possible entrances to the criminal proceedings. The following part deals with the way in which the injured party acts in the proceedings - his procedural subjectivity and potential representation, including the related costs. Then, a section concerned...
|
|
|
Elderly crime and specifics of criminal proceedings incl. the execution of sentences imprisonment in case of offenders over the age of sixty-five
Pfannová, Anna ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Elderly crime and specifics of criminal proceedings incl. the execution of sentences imprisonment in case of offenders over the age of sixty-five Abstract The diploma thesis deals with the specifics of the criminality of offenders over the age of sixty- five and its criminal sanctions. The author examines the criminality of offenders over the age of sixty-five from several perspectives, it is a comprehensive composition of the issue. The author works with examples from the decision-making practice of courts and statistical data obtained in response to requests under Act No. 106/1999 Coll., on free access to information. The diploma thesis is divided into five chapters. The first chapter defines the basic legal terms of criminology and criminal law, as well as legal terms and institutes related to the criminality of the elderly (diminished sanity of the offender, criminal career etc.). The relevant section of the applicable legislation is also defined. The second chapter is devoted to elderly offenders and elderly convicts primarily in terms of their categorization. The author also distinguishes between the terms of aging crime and elder crime. The chapter includes a comparison of elderly criminality with juvenile criminality. The third chapter deals with older offenders in the position of criminal...
|
|
|
Current issues of criminal liability for tax reduction
Sák, Ondřej ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Current issues of criminal liability for tax reduction Abstract This thesis is focused monothematically on the crime of tax, fee and similar mandatory payment reduction under § 240 of the Criminal Code. The main goal of this thesis was to focus on current issues related to criminal liability for this crime, which is, even according to results of the statistics presented in this thesis, the most significant tax crime. As the introduction to this thesis, the sources of tax criminal law were presented and the tax system was also described. The second part of the thesis was devoted to a detailed analysis of the individual elements of the crime of tax, fee and similar mandatory payment reduction, while the main problem was identified as the subjective aspect and its burden of proof. Attention was also paid to the extent of tax cuts and the related continuation of the crime. An equally important element related to the criminal liability for this criminal offense is the qualified factual basis, to which a separate chapter has been devoted, in which, as in the previous ones, the assessment of these issues in the context of current case law, is emphasised. The following chapters deal with the issue of effective remorse and the principle of ne bis in idem, which has received a great deal of attention in recent years...
|
|
|
Criminal Complaints and its Significance in Criminology
Pipek, Tomáš ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Criminal Complaints and its Significance in Criminology Abstract Criminal reporting is the most important source of initial information on criminal offences for law enforcement authorities. The number of filed criminal complaints and the willingness of the public to report crimes affect the number of initiated criminal proceedings, prosecutions and convicted offenders, i.e., the fight of the state (or society) against crime, directly. The institute of criminal complaints is examined in terms of law, criminology, sociology, and psychology. Finally, the real role of criminal complaints in the fight against crime is identified through statistics. The topic of the thesis is the criminological significance of reporting crimes. Within the thesis, the concept of criminal complaints is introduced and legally classified as a way in which the law enforcement authorities learn about the facts indicating that a crime has been committed. The requirements of the criminal complaint and the consequences of any formal and content deficiencies are mentioned, too. There are also discussed the obligations to make and receive a criminal complaint, the procedure, and ways of settlement, but also to the unlawful acts which the reporters may commit when making criminal complaints. The thesis also pays attention to the reporters...
|
|
|
Special methods of evidence in criminal proceedings - confrontation, recognition, investigative experiment
Hanák, Milan ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
Special Methods of Evidence in Criminal Proceedings - Confrontation, Recognition, Investigative Experiment Abstract The thesis deals with special methods of evidence in criminal proceedings, which are confrontation, line-up, investigative experiment, investigative reconstruction and on-site clearance. These all methods are anchored in Czech Criminal Procedure Code. Introductory part of the thesis describes evolution of special methods of evidence in criminal proceedings and in criminology too. The author discusses differences between procedural action and forensic practice. The thesis also describes legal regulation of the issue in historical context. It focus on face to face confrontation, line-up and investigative experiment. Each part of the thesis contains introduction with definition, then particularities of subject matter, practical use and the most frequent problems in investigation. The parts named line-up and investigative experiment also include a selected case report of these methods of evidence in criminal proceedings. Part called Confrontation among the other things deals with principles of confrontation and participants of confrontation. This part also describes previous interrogation of confronted persons, documentation of confrontation, application of some provisions of the Criminal...
|
|
|
Mediation in Criminal Matters
Bíglová, Ilona ; Tejnská, Katarína (advisor) ; Pelc, Vladimír (referee)
MEDIATION IN CRIMINAL MATTERS Abstract The subject of this thesis is mediation between the victim and the offender and its setting in the framework of criminal proceedings. Mediation in criminal matters is one of the programs of restorative justice, which emphasizes meeting the needs of the victim and holding the offender accountable for the consequences caused by the crime. It also involves other affected persons and the relevant community in the consideration of the solution. Mediation is a voluntary and confidential alternative dispute resolution of the conflict and consequences of a crime between the offender and the victim with the participation of an impartial third party mediator. The thesis elaborates the legal regulation of mediation in criminal cases, which falls under the competence of the Probation and Mediation Service. In criminal proceedings mediation is most often used in the context of special procedures, the so-called diversion, especially in the case of conditional suspension of criminal prosecution, settlement and, additionally withdrawal from criminal prosecution in the case of a juvenile offender. The thesis deals with criminal mediation from the practical point of view and presents its process from the moment of evaluation of cases suitable for mediation by the Probation and Mediation...
|
|
|
Protection of a victim of a criminal offence
Uhlířová, Markéta ; Tejnská, Katarína (advisor) ; Pelc, Vladimír (referee)
Protection of a victim of a criminal offence Abstract This thesis adresses the protection of victims of crime, a serious and currently very topical issue. The initial part of the thesis is devoted to victimology as a scientific field, the subject of which is mainly the victim of crime. This chapter introduces basic victimological concepts that are important for a comprehensive understanding of the issue under study. The next chapter provides a brief overview and comparison of the definition of a victim across basic international documents, EU legislation, and the legal order of the Czech Republic. Furthermore, this section proceeds to analyse and evaluate the currently valid definitions of victim and particularly vulnerable victim as defined in the Victims Act, and offers a brief introduction of the Act. Subsequently, the third chapter describes and analyses the individual rights that victims are entitled to exclusively under the above-mentioned law, and, in the light of the findings from practice, presents a proposals for their improvement. The Victim Act has established a number of important rights that improve the legal position of victims, nonetheless their exercise is problematic in certain cases, in particular with regard to the victim's right to information. Moreover, the fourth part briefly...
|
|
|
Legal aspects of human rights in the law suit
Šejnost, František ; Bohuslav, Lukáš (advisor) ; Pelc, Vladimír (referee)
The legal aspects of human rights in the court proceedings Abstract In the introductory part, this rigorous thesis deals with some legal aspects of human rights and fundamental freedoms in national, Community and international law, substantive and procedural institutes of their protection, including special cases of collision with international humanitarian law in armed conflicts. In the next part, the rigorous thesis deals with discriminatory legal norms and their application in administrative and judicial proceedings, including legal remedies under national law. In the final part, the rigorous thesis deals with the decision-making activities of the obliged entities in providing information under the Act on Free Access to Information, including the legal means of the judicial protection against illegal administrative acts of the competent administrative authorities. Keywords: Human rights, fundamental freedoms, discrimination, equal treatment, national law, Community law, international law, obliged entities, administrative body, court.
|
|
|
the specifics of the child interrogation
Ježková, Anna ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
The thesis is devided into chapters and sections and it deals with the specifics of the child interrogation. The aim of the thesis is to explain the specifics of the interrogation of a child in the criminal proceedings and to explain the main differences between child interrogation and adult interrogation as well as the general approach of an interrogator to a child being a party to the criminal proceedings - particularly being a witness. The aim of the thesis is also to explain the methods of using demonstration aids while interrogating a child. First, it is necessary to define the interrogation itself. Several chosen terms are explained in one of the first sections of the thesis. These terms demonstrate different positions of a child as a party to a criminal proceedings. This section contains also interpretations of particular law regulations. Regarding the interrogation, it focuses on its construction, preparation, tactics and documentation, while special attention is paid to forming a psychological contact with a child during the interrogation. The third, the fourth and the fifth chapters contain the substance of this thesis. The sixth chapter deals with the topic of interrogation of a handicapped child, because they are particularly vulnerable as well and it is not to forget about them. The...
|
|
|
Crimes against human dignity in the area of sexuality committed against children
Stašáková, Anežka ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Recently, a documentary called "Caught in the net" appeared in Czech cinema, which opened up the ignored topic of sexual abuse of children. So the subject of my thesis is to expand above mentioned topic. The thesis itself is divided into a theoretical part and a practical part, where the theoretical part deals with the analysis of individual sexual crimes committed against children, as defined by the third chapter of the special part of the Criminal Code. In the context of the above-mentioned documentary film "Caught in the net" - it is necessary to point out the term of cybergrooming, which is a relatively new observable way of committing a sex crime via the internet, which is related to the crime of establishing illegal contact with a child under § 193b of the Criminal Code. The facts of the case of this crime is fulfilled at the moment when the offender proposes a personal meeting to a child under fifteen years of age, in connection with the specific intention to commit the crime of sexual abuse according to § 187 par. 1 of the Criminal Code, production and other handling of child pornography according to § 192 of the Criminal Code , abuse of a child for the production of pornography pursuant to Section 193 of the Criminal Code, seduction for sexual intercourse pursuant to Section 202 (2) of the...
|
guest ::
