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Corporate Criminal Liability
Danková, Katarína ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The submitted thesis comprehensively deals with the institute of corporate criminal liability and its aspects. The purpose of the research is to analyze corporate criminal liability on a multidisciplinary level. With regards to criminological findings on the nature of corporation as well as corporate criminality itself we examine the current legislation on criminal liability of legal persons adopted in Czech republic. Originally being a solution developed to control corporate wrongdoing, corporate criminal liability is slowly finding her way in the criminal law theory. The problems it causes are obvious and are caused by the immaterial nature of corporate body which, as opposed to human being, does not consist of flash, bones or soul. Theory of criminal law therefore focuses on the roots of corporate criminal liability, nature of corporation, character of its liability as well as on finding effective ways of policing of companies through regulation. The study therefore concentrates on these theoretical problems and presents possible solutions to the current theoretical and problems of application of legislation on criminal liability of legal persons.
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Agreement on guilt and punishment
Kelemen, Petr ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This diploma thesis deals with an institute called agreement on guilt and punishment from many points of view. Firstly the diploma thesis introduces the agreement on guilt and punishment into concept named restorative justice. This concept is also a ground for another forms of diversions in criminal proceeding, which is mentioned immediately. Further in this thesis the agreement on guilt and punishment is assessed de lege lata. There are also some suggestion de lege ferenda mentioned in connection with an evaluation of a valid version. In the end of this thesis there are shown some psychological and sociological facts, which are immanent to every single process of aplication of agreement on guilt and punishment.
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Rights of the victims of crimes and options of their employment during the criminal proceesings
Marvan, Tomáš ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Rights of the victims of crimes and options of their employment during the criminal proceedings Abstract This master's thesis inquires into crime victims' rights, their status in the criminal proceedings and actual employability of their guaranteed rights. It contains a brief history of development of the legislative concerning the topic. My thesis comes to a conclusion that especially in the last fifty years, the status and range of crime victims' rights has been constantly improving. Crime victim is becoming less and less just a bearer of evidence of the crime and is more and more becoming an active subject of the criminal proceedings, on which they also have their interest. With the passing of the new Crime Victims' Rights Act, the Czech legal system was enriched by a wide array of victims' rights that provides special care and approach from the state and its authorities. In the heart of the new act is the victim as a target of an undeserved attack in the form of a crime and as such is entitled to help. Necessary help provided to the victim is not only specialized psychological and social assistance, but also straightforward financial help and a kind and understanding approach. One of the main goals of the Crime Victims' Rights Act is prevention and protection from the secondary victimization, which is...
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Problems of criminal liability of legal etities
Šelleng, Dalibor ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This master's thesis is concerned with an issue of criminal liability of legal entities. Emphasis is put on the czech legislation, more precisely on the act no. 418/2011 Sb., on Criminal Liability of Legal Entities and their Prosecution, that came into force on 1. 1. 2012. This act was adopted in response to the obligations under international law that are binding on the Czech Republic. The main aim of this thesis is to make its readers possible to get acquainted with the regulations of the establishment and termination of criminal liability of legal entities in the Czech Republic and to point out some problematic parts of the law. The thesis is divided into three parts. The first part deals with the general questions of criminal liability of legal entities, in particular with the historical development of such a conception, its possible models, definition of the legal entity and with the reasons for and against criminal liability. The second and the most extensive part of this thesis is dedicated to the analysis of the current Czech legislation. It focuses attention on the issues concerning the scope of the Act, extent of the criminalization of corporations, requirements of the imputability of the criminal act to the corporation and concerning the issue of transferring criminal liability to the...
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The issue of the concept of criminal custody
Šmahelová, Michala ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
- The issue of the concept of criminal custody The thesis provides a comprehensive overview of selected issues relating to criminal custody, one of the means of securing an accused person for the purposes of criminal proceedings and sentence execution, provided for in the Act on Criminal Procedure. After a concise introduction, the thesis examines the historical development of custody as regulated in the Act No. 141/1961 Coll., on Criminal Procedure. Limits of restricting personal liberty are then discussed from the viewpoint of the Czech Constitution and international commitments of the Czech Republic. The principle part of the thesis deals with material and formal custody law. It defines the term 'custody' and elaborates on the conditions of the imposition of custody, especially with regard to the particular grounds of custody. The section dealing with formal custody law is focused on the provisions regarding the decision process on custody, custody hearing, the examination of the existence of grounds of custody, the maximum duration of custody and the setting off a custody period against a term of imprisonment when the accused is found guilty. Due regard is also given to alternatives to custody, since the accused can only be deprived of personal liberty when the purpose of custody cannot be...
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Material Custody and Compensation for Custody
Bunganič, Jan ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Die Kurzfassung Diese Arbeit stellt einen Exkurs ins strafverfahrenlichen Institut der Untersuchungshaft vor. Sie widmet sich vor allem den Voraussetzungen und den Gründen für die Möglichkeit der Haftverfolgung. In der wissenschaftlichen Literatur wird diese Problematik oft wie sog. das materielle Untersuchungshaftrecht genannt. Dieses Thema wählte ich vornehmlich für die Kontroverse der Untersuchungshaft, weil sie mit den vielen menschlichen Grundrechten kollidiert. Die Arbeit wird in sieben Kapitel gegliedert. In den ersten Kapiteln werden die Gründe der Regelung, die theoretischen Definitionen und vor allem die Maximen, darauf dieses Institut aufgebaut wird, angeführt. Die Maximen sind sehr wichtig vor allem für die Anwendung in der Praxis. Die Untersuchungshaft stellt nämlich ein von den schwersten Eingriffen im Freiheitsrecht vor, deshalb werden hier auch die Forderungen der Urkunde der Menschenrechte und der Freiheiten, der Europäische Menschenrechtskonvention und des Europäischen Gerichtshofs für Menschenrechte angedeutet. In dem dritten und zweiten Kapitel folgt die Aufzählung der nötigen Voraussetzungen für die Untersuchungshaftentscheidung. Schrittweise wird die Notwendigkeit der Beschuldigung, des dringenden Verdacht von der Straftatbegehung oder die Unterlagen für Gerichtsentscheidung...
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The injured party in the criminal procedure
Nahodilová, Olga ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The thesis examines the status of the injured person in criminal proceedings and his most important rights. The thesis analyzes in detail the injured person's approval for prosecution and obstacles which restrain the execution of the injured person's rights. The goal of the thesis is a review of the most important amendments of the Criminal Procedure Code (e.g. Act no. 181/2011 Coll. extending the definition of an injured person and the scope of adhesive procedure). A special chapter of the thesis focuses on crime victims regulated in Act no. 45/2013 Coll. which significantly strengthened the injured person's privileges in the criminal proceedings. The thesis divides the sufferer's privileges pursuant to the stages of the criminal proceeding and further, pursuant to the characteristic, if it is a privilege appertaining to all sufferers, or it is a privilege related to the claim on compensation for damages. The special chapters of the thesis examine the most important rights of the injured person. In the thesis, I also provide the reader with a brief historical excursion to the evolution of the injured person's status and with a comparison of the injured person's status regulation in the Czech Republic with its equivalent in the Slovak Republic. Further, the thesis analyzes the injured person's...
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Appeals in Criminal Proceedings
Rejchrtová, Eva ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The Doctoral Thesis concerns with appeals in criminal proceedings from the point of view of their inclusion into the system of ordinary and extraordinary remedies characterizing them from the theoretical part with point of view to influence any basic principles of a criminal procedure and discusses the effect of revision principle defining the range of appellate court reviewing obligations and principles of an appellate court and cassation and appellation principles in the way of an appeal setting, as well as other demonstrations of other specific principles of a correction procedure. With regard to the basic changes that happened by last great amendment to the Criminal Procedure Code it describes the valid appeal legislation as the only appeal against a still not legitimate judgment of a first instance court and also draws attention to some actual problems of judicial practice. It compares the legislative confirmation of appeals in the Czech Criminal Procedure with the Slovak legislation and de lege ferenda consideres the needs of appeal proceedings with regard to the prepared re-codification of criminal justice process.
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An Injured Person and a Victim in Criminal Proceedings
Wagnerová, Gabriela ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The main aim of my thesis is to present an analysis of the effective legislation of the victim and the victim of the crime, its evaluation, finding weaknesses and outline plans de lege ferenda aspects. The doctoral thesis is divided into four compact sections. In the first section my focus is on the procedural status of the victims as parties to the criminal proceedings, next is presented the brief historical development of its rules, definitions and certain rights (the right to be informed, the right to protection and the right to be a party to criminal proceedings). The analysis of the procedural status is discussed in relation with the new legislation on crime victims. This amendment brought quite large changes of the Criminal Procedure Code as well. The focus here is also on the rights of the victims who are entitled to compensation. Then I comprehensively describe the possible ways how the victims of the criminal proceedings may claim the indemnity. In the last chapter of this section I did not forget to outline some of the shortcomings of the current legislation and some proposals of the de lege ferenda aspects. The second section of the thesis deals with the difference between the damaged party and the victim. It summarizes the most important milestones in the history of the legislation on...
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Assistance to victims of crime
Bechtinová, Natálie ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The chosen topic for this MastersThesis is "Assistance to Victims of Crime" - primarily due to its growing social significance. Society as a whole should not turn a blind eye to the serious impact of crime, focusing only on the punishment of convicted criminals; it should also focus on assistance to those harmed and affected by crime. Criminals usually commit crimes with a strong conscious awareness of their misbehaviour, while victims have no similar expectation; for them, a criminal event is like something "out of the blue". The shocking and traumatic impact following the crime, is something unbelievable for one who never had such an experience; hence, the return back to normal life is often very difficult for victims of crime. A society which aspires to be modern and developed should make this return as easy as possible, implementing a series of measures in the field of assistance. My goal was to describe the possibilities which exist in this area but also to concentrate on the current legislation, especially on new rights being brought into practice by the new Victims of Crime Assistance Act No 45/2013 Coll. The Thesis consists of eight chapters including an Introduction and a Conclusion. The first part is dedicated to victimology, a part of criminology that comprises a scientific study focused on...
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