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Collateral proceedings
Vincík, David ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The presented thesis focuses on the topic of adhesive proceedings, ie on a specific part of criminal proceedings, in which the court decides on damages, non-material damage or the issuance of unjust enrichment. It is these negative consequences that may, and in many cases do, result from the commission of crime. This topic is therefore strongly related to the person of the injured party, as the injured party is entitled to damages, non-pecuniary damage and the issue of unjust enrichment, and it is the injured parties who assert these claims in the adhesive proceedings. Therefore, in its introductory part, the thesis deals with the injured party and their individual rights, especially the right of the injured party to claim damages in general. It further clarifies the difference between the injured party and the victim and also deals with the position of the injured party and the victim in international and European law. The next part of the thesis is completely focused on the issue of adhesive proceedings, notably on its importance and specifics, which clarifies some differences from the form of criminal proceedings, and also on subjects of adhesive proceedings, where it deals with both natural persons and legal entities. Furthermore, the thesis deals with particular substantive claims that can be...
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An injured person in a traffic accident and a criminal proceedings
Nedvídková, Jitka ; Vokoun, Rudolf (advisor) ; Galovcová, Ingrid (referee)
An injured party in a traffic accident and criminal proceedings Abstract This rigorosum thesis deals in general with the position of the injured party in the current criminal proceedings and its procedural rights, focusing on the victim of a traffic accident and traffic crime. The rigorosum thesis is divided into six chapters and the introduction and conclusion. The first chapter of the rigorosum thesis deals with the concept of injured party in general, not only in the current legislation, but also its historical development, especially in terms of amendments to the Criminal Procedure Code, which significantly affected the victim and his or her position in criminal proceedings. This chapter explains the concepts of bodily harm, material damage, non-material damage and unjust enrichment. Part of this chapter is also devoted to distinguishing the concept of "victim" from the concept of "injured party". The first chapter is systematically followed by the second chapter, which deals with the legal subjectivity of the injured party, its position in criminal proceedings and representation, especially as regards representation by a legal representative, guardian and agent. Attention is also paid to the problematics of a joint representative. The third chapter presents the individual procedural rights of the...
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Skařupová, Jana ; Beranová, Andrea (advisor) ; Galovcová, Ingrid (referee)
-1- Compensation for non-material damage in collateral proceedings Abstract This thesis deals with compensation of non-material damage in the so called collateral proceedings. The aforementioned is part of criminal proceeding, but it is initiated only by a petition of the injured party under the Code of Criminal Procedure. In the collateral proceeding the court shall decide on the private claim of the injured party for compensation of non-material damage caused by the criminal offence. The indisputable advantages of asserting a claim in this proceeding is mostly its speed, cost effectiveness and less requirements for the injured party in terms of burden of proof. However number of specific questions arise with regard to the fact that the criminal court adjudicates the private claims under the substantive law rules of private law (most often civil and labour law), all in the context of criminal proceedings. This thesis aims to comprehensively address the issue of granting compensation of non-material damage in collateral proceedings and to evaluate the application of legal regulation from the perspective of the criminal court. The thesis is divided into four parts. The first part defines the term injured party as of the basic term of the legal regulation. The difference of the term 'injured party' from the...
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Compensation for non-material damage in the event of injury and death in collateral proceedings
Dolejšová, Tereza ; Tejnská, Katarína (advisor) ; Mulák, Jiří (referee)
1 Abstract Compensation for non-pecuniary harm in the event of personal injury and death in collateral proceedings The topic of the diploma thesis is the issue of compensation for non-pecuniary harm in the event of personal injury and death in collateral proceedings. This issue is currently often debated due to, among other reasons, a change in the legal regulation of compensation for pecuniary and non-pecuniary harm effective from January 1, 2014. The specificity of this subject lies in the combination of two legal branches - criminal and civil law, as collateral proceedings are part of criminal proceedings and decide on claims which are of a civil nature. The thesis deals with the criminal law institutes of the injured party and the collateral proceedings themselves. An extensive space is then devoted to the private law regulation of compensation for non-pecuniary harm in the event of personal injury and death, especially in accordance with Sections 2958 and 2959 of the Civil Code with regard to legal practice and court decisions. The aim of this work is to describe and evaluate the legal regulation of compensation for non-pecuniary harm in the event of personal injury and death and the procedural possibilities of the injured party to attain this private law claim in criminal proceedings. With regard to...
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Damages for personal injury in the Czech Republic and in a comparative perspective
Bukvaiová, Lenka ; Elischer, David (advisor) ; Šustek, Petr (referee)
Damages for personal injury in the Czech Republic and in a comparative perspective Abstract This thesis deals with the issue of compensation for personal injury in the Czech Republic and, from a comparative perspective, in German and Slovak legislation. Analyzing the corresponding clauses of the Civil Code and the Supreme Court Guidelines, attention is given to the scope of the breach of the victim's personal integrity and methods determining its monetary compensation. Further related questions are likewise examined. The thesis explains the approach of the Czech legislation towards the possibility of a transfer of entitlements to a third person, the conditions for the statute of limitations for damages for personal injury, and the relationship of monetary compensation and marital community property. Concerning the recodification of private law, which has also affected the regulation of damages for personal injury, the thesis also presents an overview of the particular substantial changes that were brought by the new Civil Code entering into force. The thesis further deals with compensation for personal injury within criminal proceedings. It analyses the relevant clauses of the Penal Code and brings a systematic overview of the so-called adhesion procedure, which deals with the victim's claims in the case a...
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Current issues of adhesive proceedings
Ceplová, Magdalena ; Pelc, Vladimír (advisor) ; Tejnská, Katarína (referee)
Current issues of adhesive proceedings This thesis deals with current issues of adhesive proceedings. The thesis is divided into four chapters. The first chapter introduces the basic concepts essential for the definition of adhesive proceedings and related terms. These are primarily the definition of entities and parties to criminal proceedings, including the introduction of the institutes of harm as an overarching term, which includes damage, non-material damages and unjust enrichment. The first chapter also introduces the institute of bodily harm. The second chapter is devoted to the injured party, including a list of procedural rights and obligations that the injured party confers the Criminal Procedure Code and the injured party recognizes the law on victims of crime, if the injured party is also a victim under this law. The following subchapters are divided according to the rights that belong to all the injured parties and the rights that belong to the injured party, who is at the same time subject to the adhesive procedure. In the case of the injured party, the institute of consent of the injured party to criminal prosecution and representation of the injured party is also mentioned. In this part of the thesis, the current problems concerning the remuneration of the injured party's...
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Protections of the injured party in criminal proceedings
Stuchlík, Jakub ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The subject of this diploma thesis is the protection of an injured party in criminal proceedings. Throughout the thesis author analyzes the relevant laws, specialized legal literature and case laws. When there is a debate amongst the professional public, author summarizes the key arguments and provides his own perspective. The paper provides a general definition of the term injured party, which includes a positive and negative definition and distinction between the terms injured party and a victim. The author more closely examines when the injured party is not allowed to exercise his rights. There are also described, from the view of current legislation and also de lege ferenda, the circumstances under which a person is not allowed to join the criminal proceeding as an injured party. Furthermore the author breaks down the rights of an injured party with the emphasis being put on the right of the injured party to consent to prosecution and the right to demand for his/her claims to be satisfied in accordance with the 59/2017 Sb., on the use of funds acquired from property penal sanctions imposed in criminal proceedings, which has been in effect for over a year now in March 2019. The paper also examines collateral proceeding, especially the conditions under which the injured party can assert his claim...
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Injured party in criminal proceedings
Uriková, Aneta ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
An injured party in criminal proceedings and his/her protection Abstract This Master's thesis is devoted to the analysis of the procedural rights and protection afforded to the injured party in criminal proceedings. This Master's thesis is divided into six chapters. The first chapter focuses on the analysis of the historical developments of the status of the injured party in criminal proceedings in the Czech law. The analysis commences with the Austro-Hungarian criminal procedural code no. 119/1873 Coll., the Czech Criminal code of 1950, its subsequent novelization in 1956 and the current Czech criminal code no. 141/1961 Coll., all the cited laws had a significant impact on the status of the injured party in criminal proceedings. The second chapter is dedicated to defining the term injured party, both via a negative and positive definition. Furthermore emphasis is placed on the distinction between the definition of the injured party from the perspective of Article 43 of the criminal procedural code, as such an injured party has the right to claim damages against the accused defendant and thus such an injured party might concurrently have the status of a subject in adhesion proceedings, and the injured party which does not have a right to claim damages. The third chapter is focused on defining the term...
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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...
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Compensation for non-material damage in the event of injury and death in collateral proceedings
Sýkora, Jiří ; Tejnská, Katarína (advisor) ; Heranová, Simona (referee)
Compensation for non-material damage in the event of injury and death in collateral proceedings Abstract The thesis deals with a very current topic of compensation for non-material damage in the event of injury and death in collateral proceedings. The thesis also contains chapters, that focus on an injured person and collateral proceedings, which are concepts directly connected to the main topic of the thesis. The thesis contains the definition of an injured person, rights and obligations of the injured person in the criminal proceedings and also the definition of collateral proceedings and its process. In particular, the thesis focuses on the compensation of non-material damage in the event of injury and death according to § 2958 and 2959 of the Civil code. The thesis also describes the current judicial decisions of criminal courts in the area of compensation for non-material damage in the event of injury and death in collateral proceedings. The thesis is composed of four parts. The first part of the thesis deals with the injured person. It contains the concept of an injured person and its legal definition. The rights and obligations of the injured party in criminal proceedings are also briefly described in this part. The second part of the thesis focuses on collateral proceedings. This part contains the...
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