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The selected problems of juvenile justice
Stojanová, Klára ; Galovcová, Ingrid (referee)
Název diplomové práce v anglickém jazyce, abstrakt v anglickém jazyce a klíčová slova Title of the thesis: The selected problems of juvenile justice Abstract This diploma thesis deals with the issue of criminal punishment of juveniles in the context of law and psychology in order to focus on the problematic areas of legal regulation, evaluate those areas and present proposals de lege ferenda in this context. The thesis is divided into three consecutive chapters. The first chapter deals with the selected legal regulation of the juvenile justice, especially with the emphasis on sanctioning the youth. More specifically, this chapter focuses on the models of dealing with delinquent youth, the principles of sanctioning juveniles, the sanction system, the problem of sanctioning of children under the age of 15 and the question of the age limit of criminal responsibility and its determination. At the end of the chapter the statistical data, which relate to the above-mentioned institutes, are presented. The second chapter is devoted to the psychological aspects of the juvenile justice. Within the framework of this chapter are gradually described selected basic issues of developmental psychology. In particular, the thesis deals with the general characteristics of the relevant development periods of the individual and...
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The selected problems of juvenile justice
Stojanová, Klára ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
Název diplomové práce v anglickém jazyce, abstrakt v anglickém jazyce a klíčová slova Title of the thesis: The selected problems of juvenile justice Abstract This diploma thesis deals with the issue of criminal punishment of juveniles in the context of law and psychology in order to focus on the problematic areas of legal regulation, evaluate those areas and present proposals de lege ferenda in this context. The thesis is divided into three consecutive chapters. The first chapter deals with the selected legal regulation of the juvenile justice, especially with the emphasis on sanctioning the youth. More specifically, this chapter focuses on the models of dealing with delinquent youth, the principles of sanctioning juveniles, the sanction system, the problem of sanctioning of children under the age of 15 and the question of the age limit of criminal responsibility and its determination. At the end of the chapter the statistical data, which relate to the above-mentioned institutes, are presented. The second chapter is devoted to the psychological aspects of the juvenile justice. Within the framework of this chapter are gradually described selected basic issues of developmental psychology. In particular, the thesis deals with the general characteristics of the relevant development periods of the individual and...
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The age limit of criminal responsibility and connected matters
Vopěnková, Kateřina ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
Thesis title: The age limit of criminal responsibility and connected matters Thesis comprehensively deals with the issue of the age limit of criminal responsibility. It describes factors connected to the age limit and factors, which influence the practical impact of the age limit and connected provisions on young offenders. The first chapter describes the historical evolution of law provisions connected to the age limit of criminal responsibility, focusing on the Czech Republic. It offers an opportunity to track the evolution and changes in the criminal law on young offenders until the end of the 20th century. The second chapter deals with the international criminal law on young offenders and describes opinion of international organizations on the matter of the age limit of criminal responsibility. The third chapter is about the four main systems, how the age limit is set in foreign countries. Examples of foreign provisions and explanation of positive and negative aspects can be also found in this chapter. The fourth chapter describes recent evolution of Czech law on young offenders and description of the system of the age limit in the Czech Republic. It also includes description of groups of children and juveniles and characterizes their position in Czech law. The fifth chapter concerns forms of...
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Criminal Liability of Legal Persons in the Czech Republic and in Selected Countries around the World
Březinová, Kristýna ; Tlapák Navrátilová, Jana (advisor) ; Bohuslav, Lukáš (referee)
The purpose of the Rigorosum Thesis named Criminal Liability of Legal Persons in the Czech Republic and in Selected Countries around the World is to comprehensively set forth the issue of the criminal liability of legal persons. The Rigorosum Thesis is divided into five chapters. In the first place the basic terms related to this topic are defined and also the theories of attributing criminal liability to legal persons are set forth. Subsequently the thesis examines the criminal liability of legal persons in the Czech Republic including the evolution of the legislative process and current law in force, the Act n. 418/2011Coll., on Criminal Liability of Legal Entities and Proceedings Against Them. Following chapters are dedicated to the exposition of the foreign legal frameworks, namely legislations in the common law countries and in selected European, Asian and South American countries. The Rigorosum Thesis points out the shortcomings and weaknesses of the legislations concerned and at the same time the author attempts to propose rectifications and improvements. When the legal regulations are explained, the author especially focuses on the most typical and characteristic instruments in the legal frameworks analysed as well as on the institutes, which are unknown to the Czech criminal law....
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Criminal liability and sanctioning of legal entities in the Czech Republic
Gvozdek, Filip ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The substantive legal issues of the criminal liability and sanctioning of legal entities in the Czech Republic under the Act No. 418/2011 Sb., Act on Criminal Liability of Legal Entities and Proceedings Against Them (hereinafter as "the Act") that came into force on January 1, 2012 are the subject matter of this thesis. Even after four years of the effect of the Act the institute of criminal liability of legal entities still represents a very discussed and recent topic. The aim of this thesis is to analyze the chosen substantive provisions of the Act with respect to the their strengths and weaknesses. This rigorosum thesis is divided into four parts. The first part is concentrated on the arguments for and against the adoption of the Act, concepts of liability of legal entities, new principles of the criminal law and systematics of the Act. The second part deals with the scope of the Act, conditions of the criminal liability of legal entities, especially with the imputability and the possibilities of exculpation by virtue of compliance measures. The end of the second part pays attention to the transition of the criminal liability of legal entity on its legal successors and the issue of disappearance of the criminal liability of legal entities. The third part contains analysis of the sanctioning of...
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Sanctioning of legal persons
Volek, Václav ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
77 6 The topic of this thesis is one of the esential segments of corporate criminal lability, sanctioning of legal persons. Corporate criminal lability was incorporated to czech legal order by by the Act No. 418/2011 Sb., Act on Criminal Liability of Legal Entities and Proceedings Against Them (hereinafter as "the Act"), that came into force on 1. 1. 2012 and ever since penal sanctions can be imposed on legal persons. Main goals of the thesis are to introduce the theme to readers and critical evaluation of sanctioning in the Act. The first chapter deals with general questions of corporate criminal lability and explanation of basic condions of the criminal lability. There are also mentioned the main issues of possibility of attribution of a criminal act to a legal entity. The second charter is dedicated to sanctioning of legal persons in general. The chapter analyzes basic differences between sanctioning of legal persons and natural persons, that cause modification of purpose and principles of sanctioning of legal persons. It also covers different approaches in variability of sanctions in legal orders of european countries. The third, most important, chapter analyzes each particular sanction under the Act. It points out defects of the sanctioning and there are also mentioned critical comments of legal...
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Criminal liability and sentencing of minors in the Czech Republic
Zíka, Tomáš ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
Resumé v anglickém jazyce (Abstract in English language) This thesis deals with still very topical theme criminal liability and punishment of juveniles in the Czech Republic and its aim is to comprehensive familiarize readers with this issue with reference to many other sources, from which we can in more detail study various aspects of this field, which is constantly developing according to the most recent knowledge of juridical science and statistics, but also according to scientific findings from many different non-legal fields, mainly from psychology and sociology. The first part analyses historical development of individual models of criminal liability and punishment of juveniles, which largely corresponds with the development of criminal law in Great Britain and in the USA. There are discussed historical reasons for changes of models, their advantages and disadvantages and last but not least, their potential application in the Czech Republic. Then the part focuses on historical development of youth criminal law in Czech countries, namely from the earliest times to the present, when the new and still effective Law on Juvenile Justice (Act No. 218/2003 Coll.) was enacted. In this historical analysis was mainly paid attention to the act from year 1931, which was the pattern for the contemporary legal...
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Criminal Corporate Liability
Bohuslav, Lukáš ; Jelínek, Jiří (advisor) ; Záhora, Jozef (referee) ; Sváček, Jan (referee)
The Criminal Corporate Liability The definition of legal person is not outlined in criminal law, but can be found in Section 18, Subsection 2 of the Civil Code. Corporate criminal liability is then a concept that has been newly introduced to the Czech statutory criminal law, what has caused a certain intrusion of the system of basic principles of criminal law, mainly the principle of individual criminal responsibility. The term "imputability" appears, which means that a conduct of agents or other persons designated in the Act on Criminal Liability of Legal Persons and Proceedings Against Them (further as "the Act") can be imputed to a legal person, if the physical person is culpable for the conduct and the conduct causes imputability of the criminal offence to the legal person. Intensive discussions on necessity and suitability of implementation of the concept of corporate criminal liability into the Czech legal system had preceded the adoption of the Act in 2011. Such discussion can now be considered as overcome, as it is obvious that the Czech Republic has opted for the direction towards the "true" corporate criminal liability. Arguments for and against the adoption of the Act can nevertheless help to better understand the concept itself, as well as the context in which it has been introduced. It...
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Issues of criminal liability of legal entities
Hudáková, Jana ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
Hudáková, J. Criminal liability of legal persons Criminal liability of legal persons is a significant change to the continental European law. It is a sensible breakthrough into the core principle of an individual criminal responsibility of individuals. In connection with the adoption of Act No. 418/2011 Coll., on the criminal liability of legal persons and proceedings against them, the thesis deals with main aspects of the criminal liability of legal persons in the Czech Republic. After defining of legal grounds of the criminal responsibility author subsequently discusses sanctioning of legal persons. At the same time, the author discusses legal regulation of moral person criminal liability in France. She outlines the principles of criminal liability of legal persons, as well as the conditions for imposing sanctions. The author tries to demonstrate, by means of the attached statistical surveys, the numerous application of this institute in the French legal practice. Finally, the author tries to compare Czech and French legislation in selected aspects.
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Selected criminal law aspects of youth criminality
Baranová, Michaela ; Musil, Jan (advisor) ; Vanduchová, Marie (referee)
Selected criminal law aspects of youth criminality Abstract The aim of this thesis is to point to selected aspects of criminal law, which distinguish prosecution and sanctioning of youth offenders from general provisions applicable to adult offenders. Youth offenders can be divided into two groups according to the Act No. 218/2003 Coll., on Liability of Juveniles for Illegal Acts and on Juvenile Justice. The first group consists of children, i.e. those offenders who do not reach fifteen years of age at the time of the offense. The second group consists of adolescents, i.e. those offenders who reach fifteen years of age but do not reach the age of eighteen at the time of the offense. These two groups of offenders are treated somewhat differently than adult offenders in the criminal proceedings, and the system of sanctions used to punish these offenders is also different from sanction schemes imposed on adults. In this thesis, the author outlines these differences and discusses selected aspects in more detail. The thesis also provides a historical excursion into the Czech criminal law that regulated the juvenile justice on the territory of the Czech Republic before the Act on Juvenile Justice came into force. Moreover, the thesis provides an overview of the minimum age for criminal responsibility in the Czech...
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