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Alternative Punishments
Hrbková, Miluše ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
My thesis is called The Alternative Punishments in czech criminal law. I have chosen this topic as using alternative forms of sanctions alongside with traditional punishments is a product of the last decades in our legal order and remains very actual question untill now. The crime rate is constantly rating therefor it is necessary to react on it adequally with providing a wide range of sanctions. As one of the governing principles in czech criminal law is a principle of humanity the alternative punishments take a pricipal place in our legal order. The main purpose of my thesis is to analyse and clarify the particular forms of alternative punishments. Those sanctions bring a lot of advantages for convicted in contrary to other traditional punishments as they are not issolated from society and have a chance to re-educate themselves. The alternative punishments are useful and cheaper than short-term confinement. This thesis focuses on the analysis of the actual legislation, assesses changes brought by the new criminal code and defines proposals which would imporove the legislation in future. The thesis is composed of eight chapters. First chapter is subdivided into three parts. The first part deals with the term and purpose of the punishment, the second analysis theory of punishment and the third one discusses...
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Expert Evidence
Coufalová, Jana ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The thesis called "Expert proofs" deals with one of the types of proper evidence which is applied in cases when an expert report is necessary to clarify facts important for criminal trial proceedings. Thesis is divided into 5 basic chapters. The first chapter is introductory and talks about some of the general problems of expert laws - evaluation of the current legal regulations of expert's function - expert law and expert ordinance, especially from the point of view of the changes that these legal regulations have undergone as well as the forthcoming changes in the form of updating of the current law and preparation of a brand new law. It also talks about definition of an expert, especially the difference between a witness and a consultant, then briefly about their rights and duties in the criminal trial proceedings in general. The second chapter deals with the presence of an expert explicitly in criminal trial proceedings and is divided into three parts. The first one provides basic information about admitting an expert and its form. The second one concerns the definition of an expert's assignment and the third one concerns preparation of an expert report, in which the expert familiarizes themselves with the criminal case. The third chapter deals with the actual output of an expert's investigation, its...
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Stalking - criminological and criminal aspects
Poslušná, Kateřina ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
This thesis would like to inform the reader of a new crime in the Czech republic which is dangerous pursuit (stalking) and it aims at analysis of current legislation. It attemps to define dangerous pursuit, the emergence of this phenomenon from a historical point of view as well as its current interpretation. It also covers the penalties that can be imposed on the criminals. Moreover, it also looks at victims of dangerous pursuit and effective ways of helping the victims as well as the criminals.
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The issue of life imprisonment
Dejnožková, Gabriela ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
ISSUE OF THE LIFE INPRISONMENT SUMMARY This diploma thesis engages in the issue of life imprisonment sentence. Today, life imprisonment is the toughest possible punishment the criminals are facing in our country. As such, this role is also reflected in the extraordinary position which the life imprisonment assumes. Until 1990, the year of its abolition, the toughest penalty applied many years in the Czech Republic used to be the capital punishment. Once abolished, it was replaced by the life imprisonment. Throughout my paper I am addressing the question as to the suitability and legitimacy and whether this alternative is appropriate and legitimate. The thesis is structured in seven chapters. The introduction deals with the general questions regarding the purpose of a punishment and an overall description of imprisonment as a sentence. One of the chapters that follow details the historical development of life imprisonment in our country. In order to get a better picture of this juridical institute, I have also included a chapter on legal provisions applicable in other European states. Another chapter confronts the life imprisonment with basic human rights and with punishment principles. The chapter number seven forms an important part of the paper as it documents a summary of results of the biggest study...
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The issue of juvenile criminal justice
Pošíková, Lenka ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
of the master thesis The issue of criminal juvenile justice The thesis deals with problems of criminal justice over juveniles. The purpose of the study is to bring an objective view of actual legal regulation in The Juvenile Justice Act No. 218/2003 and to identify problematic aspects of the juvenile justice system. Legal regulation is based upon the principle not to punish juvenile delinquents in repressive way, but to eliminate negative influences. The reason for my research is to discover the main causes of children's criminality and to outline their possible solutions. I focus on two big areas in the study - problems of the juvenile criminal liability and the system of legal instruments as a reaction of society to delinquency. The thesis is divided into six chapters; each chapter is further divided into several more subchapters according to a logical succession of addressed problems. In the first chapter I define basic terms, which are important to understand these issues. These definitions come out of the Juvenile Justice Act. Chapter two describes historical development of the juvenile legislation from 1931 to present time. The chapter consists of four parts. The main attention is given to actual legal regulation in The Juvenile Justice Act No. 218/2003. I try to show the defects of previous...
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Unconditional imprisonment
Kordíková, Ivana ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
I have chosen this topic because of my interest in criminal law in general. Two years ago I visited one of the largest prisons in the Czech Republic, the Valdice prison, which is situated only 20 km far from my hometown, Semily. I realized that unconditional imprisonment is a really interesting and complicated theme. The Czech prison system has recently suffered from particular problems and the aim of my thesis is to identify these problems and suggest solutions. My thesis is composed of five chapters. Chapter One is introductory and defines the basic term - sentence and its purpose. Chapter Two deals with relevant Czech legislation and consists of four parts. Part One focuses on the most important principles of imposing punishments, such as principle of legality, principle of subsidiarity, etc. Part Two analyzes the role of unconditional imprisonment in the sentencing structure. Part Three describes duration of unconditional imprisonment and Part Four reviews two types of extraordinary sentences. Chapter Three concentrates on execution of unconditional imprisonment. This chapter is subdivided into nine parts. Part One deals with international rules, European prison rules and Czech legislation. Differentiation of prisons is described in Part Two and Part Three. Part Four relates to admission,...
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Culpable homicide - Selected issues of investigation and legal classification of cases of culpable homicide in the Czech Republic and Slovakia
Barilik, Igor Nikolaj ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
CULPABLE HOMICIDE Selected aspects of investigation and legal qualification of culpable homicides in the Czech Republic and Slovakia The presented Master's degree thesis deals with the topic of culpable homicide, as defined in the newly re-codified Czech and Slovak Penal Codes, and interpreted by the Czech and Slovak criminal law doctrine. Selected aspects of homicide investigation are also discussed, with the aim at the significant impact of the immediate crime scene and deceased victim's body inspections on the legal qualification of an act of homicide. Theoretical discussion is furthered with case analyses. Chapter One examines the newly adopted Czech and Slovak legislation concerning the classification of crimes punishing homicide. Both doctrines divide the act of culpable homicide in the two possible groups according to the offender's state of mind affecting the criminal conduct: wilful and negligent homicide. The new Czech Penal Code recognizes the crime of murder as wilful homicide, with more severely punishable sub-category of premeditated murder, and privileged sub-category of infanticide; and the crime of manslaughter, which is also wilful homicide, but committed under certain mitigating circumstances. Negligent homicide can be considered as the qualified crime of battery resulting in...
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Death penalty
Hermanovský, Daniel ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
Death penalty Death penalty is one of the most controversial sentences in the history of mankind. It was known even 2000 years B. C. and the most famous civilizations as Roman Empire or ancient Greeks were using it. Later in 19th century we can hear first strong voices demanding abolishment of death penalty. The Pioneer was Cesare Beccaria and his work Dei delitti e delle pene. Nowadays 95 countries have abolished death penalty for all crimes, 9 countries abolished it for ordinary crimes and 35 countries have death penalty among sentences but they do not use it. In Czechoslovakia there was death penalty almost through whole existence of Czechoslovakia. It was abolished not until year 1990, after "velvet revolution". Methods of executions have always been very different and they varied depending on the place and time. Among the most known belongs crucifixion, burning to death, decapitation, guillotine, hanging, gas chamber, electric chair and lethal injection. In my dissertation I have to mention two very different countries which still use capital punishment to a large extent. These are United States of America and China. In the USA capital punishment has a long history and nothing seems to suggest that something is going to change even though there were executions of innocent people or executions which...
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Unconditional imprisonment
Kehar, Ondřej ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
Unconditional imprisonment The main purpose of this thesis is to evaluate the current legislation of the unconditional imprisonment and its application in practise. The author focuses predominantly on the treatment program for sentenced persons and the ways to apply discipline in prison. In the first chapter the author pursues the theoretical definition of punishment and the position of unconditional prison sentences in the system of other punishments. The focus is also on the development of penological systems during the past two centuries. The second chapter describes the system of Czech prisons assigning prisoners to various types of prisons and the first days after taking a prisoner to a detention center. This chapter is the introduction to the course of compiling a comprehensive report on the conviction. Third and main chapter is devoted to the treatment program and its individual components, ie. work activities, including the current problems of this area, further education, special educational and special interest activities and shaping the field of external relations. The author discusses not only the statutory definition of these components, but also gives practical examples from various prisons. Finally, this chapter focuses on the evaluation of treatment of prisoners and redeployment to other...
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Death Penalty
Obukhov, Maxim ; Novotný, Oto (advisor) ; Vanduchová, Marie (referee)
Death Penalty - Summary In my thesis I focused on one of the most discussed and one of the oldest institutes of criminal law - the death penalty. Despite the fact that the death penalty was abolished in most of countries (as a result of the abolitionist movement), some countries still continue to apply it. Also public opinion on this issue is not constant. The purpose of this research is not just to explore all aspects of capital punishment in the modern world, but also to reach a subjective opinion on this issue. This thesis is composed of five chapters. Each deals with the different aspects of the capital punishment. In the first chapter, I focused on the history of capital punishment in the world, from ancient world to the early 20th century. Chapter describes the application of the death penalty in different times and different cultures. I analyze the laws of different nations and countries and describe the methods of executions. I also pay attention to the opinion of well known authors (philosophers and politicians). The second chapter describes the history of the death penalty in Czech Republic, from the early beginning until abolition of death penalty in 1990. The third chapter is devoted to analysis of the current situation in the world. It describes laws and methods of executions in the countries...
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