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Agreement on guilt and punishment
Šimek, Jaromír ; Pelc, Vladimír (referee)
This master's thesis focuses on the subject-matter of agreement on guilt and punishment. It became a part of Czech Criminal Procedure Code by the enactment of Act no. 193/2012 Coll. The plea bargaining, which is widely spread and used in common law countries, served as an inspiration. It should have primarily enhanced the efficiency and speed of the criminal proceedings. It is a type of diversion which is based on a negotiation between the prosecutor and the defendant. The defendant may plea guilty and require a milder punishment in reverse, comparing to a punishment which would have been imposed if a trial took place. The conducted agreement on guilt and punishment has to be subsequently approved by the judge in a form of the approval judgement. The thesis is divided into four chapters. The first one deals with other alternative ways, by which criminal cases may be solved. The influence and potential disruption of basic principles of the criminal procedure caused by the incorporation of agreement on guilt and punishment, is described as well. A short section is dedicated to previous legislative efforts of incorporation the agreement on guilt and punishment into the Czech legal system. The second chapter outlines the contemporary legal regulation of the agreement of guilt and punishment in the...
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Settlement in criminal proceedings
Marcinik, Adam ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Settlement in Criminal Proceedings - Abstract The purpose of my thesis is to analyze specifically one type of diversion in criminal proceedings - settlement. Part of this thesis also explains alternative measures and diversions in general. The reason for my research is finding that settlement in criminal proceedings has currently limited use, for example in comparison with conditional suspension of criminal prosecution. For this reason, the thesis attempts to identify reasons for this limited use of settlement and submits proposals of regulation that would increase number of settlements. Further goal of the paper is the attempt to define the role of the settlement in the Czech Criminal Law, the evolution of this diversion, the benefit of this diversion and also the problems of current legislation. The thesis is composed of five chapters, each of them dealing with different aspects of diversions, especially the settlement. Chapter One is introductory and is dedicated to alternative measures and general topics, such as principles of restorative justice and its historical development. Chapter Two examines diversions in criminal proceedings and takes care of specific aspects of this legislation. The rest of the thesis explores settlement. Chapter Three investigates the fundamental characteristics of settlement....
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T1 Category Race Car Design
Šťáva, Martin ; Vančura, Jan (referee) ; Hejtmánek, Petr (advisor)
This diploma thesis deal with conceptual design of racing car of T1 category. Car consist of tubular frame, front and rear double wishbone suspension, braking system and conceptual design of the fairing. These are the basic of this thesis. For the completeness of the design, the location of the crew and the placement of the components inside the frame are also proposed. Adams Car 2016, Autodesk Inventor 2016, Ansys Workbench 18.1 were used for designing, testing, simulation and calculations. Designed T1 category race car meets International Automobile Federation (FIA) technical standards and safety regulatons.
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Selected issues proof of custody of minors
Behr, Tomáš ; Frintová, Dita (referee)
Proficiency in the care of minors requires a multidisciplinary approach because family circumstances are undergoing significant changes, and the court decision must look for the interest of the child, especially for the future. Such an approach is not limited to its own evidence by classical means of evidence but also takes into account the results of procedural deflections, such as mediation, family therapy, exam care. As for the individual evidence, it must be accentuated that the child's view may not always be determined directly, that the authenticity and accuracy of the charter should be judged by substantive assumptions, and that expert opinions should represent the ultimate solution to the parental conflict. Finding an agreement can also help provide a longer timeframe as well as lessons learned by the court on the length and cost of proceedings in which the court should wait for an expert opinion. Proper evidence taking helps to solve parents' most frequent conflicts on the joint custody, or on the debt of maintenance. The Constitutional Court interprets the presumption of alternate care as wrong because it prefers equality of parents to the interest of the child and because it imposes on the state the burden of proof, although it is obliged to observe the principle of investigation....
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Conditional discontinuance of criminal prosecution
Kábrtová, Alexandra ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
This master thesis concerns itself with the alternative procedural measure, the institute of conditional discontinuance of criminal prosecution and some of its relating issues. Conditional discontinuance of criminal prosecution is a type of diversion. It is employed by public prosecutors, or courts, to suspend the further criminal prosecution of those who are accused of committing less serious criminal offence. This is carried on the condition that the accused individual is presented with the opportunity to observe the behavioural rules of proper life throughout the probationary period. Should there be proof of the individual's observation of the rules, the decision regarding his/her case becomes final. However, should the accused fail to observe such rules during the probationary period, then the public prosecutor, or the court, for that matter, rule in favour of furthering his/her prosecution (albeit this rarely takes place in practice). Conditional discontinuance of criminal prosecution is a type of diversion designed to reduce the burden on law enforcement authorities. It is based on the idea of restorative justice with an emphasis on the victim and his/her interests. The primary objective is to bring the accused to the victim and compensate the damages. Before the ruling, it is not necessary...
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Agreement on guilt and punishment
Šimek, Jaromír ; Říha, Jiří (advisor) ; Tejnská, Katarína (referee)
This master's thesis focuses on the subject-matter of agreement on guilt and punishment. It became a part of Czech Criminal Procedure Code by the enactment of Act no. 193/2012 Coll. The plea bargaining, which is widely spread and used in common law countries, served as an inspiration. It should have primarily enhanced the efficiency and speed of the criminal proceedings. It is a type of diversion which is based on a negotiation between the prosecutor and the defendant. The defendant may plea guilty and require a milder punishment in reverse, comparing to a punishment which would have been imposed if a trial took place. The conducted agreement on guilt and punishment has to be subsequently approved by the judge in a form of the approval judgement. The thesis is divided into four chapters. The first one deals with other alternative ways, by which criminal cases may be solved. The influence and potential disruption of basic principles of the criminal procedure caused by the incorporation of agreement on guilt and punishment, is described as well. A short section is dedicated to previous legislative efforts of incorporation the agreement on guilt and punishment into the Czech legal system. The second chapter outlines the contemporary legal regulation of the agreement of guilt and punishment in the...
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Agreement on guilt and punishment
Slavík, Michal ; Říha, Jiří (advisor) ; Krupička, Jiří (referee)
This master`s thesis deals with the topic of agreement on guilt and punishment, which was introduced into Czech criminal procedure code in 2012. The agreement on guilt and punishment represents an alternative way of solving criminal cases. The agreement is entered into by the prosecutor and the accused, while taking into account the interests of the injured party. A precondition of the conclusion of an agreement on guilt and punishment is the declaration of the accused that they committed the act for which they are prosecuted. The prosecutor proposes the adequate punishment for the act committed and the final version of the agreement has to be approved by the court. For the accused, this procedure means a mitigation of the sentence in exchange for a declaration of committing an act. An advantage for the law enforcement authorities is shorter and simplified criminal procedure. Other benefits of the conclusion of the agreement on guilt and punishment are the cost savings and the protection of injured parties. The institute of agreement on guilt and punishment has its origin in the Anglo-American legal system where it is one of the pillars of the criminal process. In the Czech context, however, it is a foreign and controversial institute, which is subject to strong criticism mainly by legal theorists....
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Conditional discontinuance of criminal prosecution
Kozojed, Jakub ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The master thesis addresses the institute of the conditional discontinuance of criminal prosecution. Being one part of divergences, the core of the conditional discontinuance of criminal prosecution lays in temporally suspension of further criminal proceeding with a premise of its definitive suspension if the legal requirements are met. Except for the introductory part and the conclusion, the thesis is divided into three main chapters. The first chapter is devoted to the concept of restorative justice and deals also with a concept of divergences. In addition to the definition of the divergence the thesis addresses adequately particular types of divergences as they appear in Czech criminal proceedings. The core of the thesis shall be found in the chapter number two, which provides a closer look at the conditional discontinuance of criminal prosecution itself. Through all the paragraphs in this chapter the conditions of an application of the conditional suspension, the course of the probation period and particularities of this proceeding are being dealt with. Furthermore, the chapter includes also a summarization of an evolution of the law, as well as a brief study of a Slovak conception of conditional discontinuance of criminal prosecution. In the closing chapter several de lege ferenda thoughts are...
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Conditional discontinuance of criminal prosecution
Plávková, Andrea ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Conditional discontinuance of criminal prosecution is an institute that was introduced into Czech criminal procedure law more than twenty years ago. Over the years, this alternative way of handling criminal cases has become the most commonly used (in the last four years, the second most commonly used) means of all alternative ways called diversions. This diversion is used by both prosecutors and courts in cases of less serious criminal offenses. The point of conditional discontinuance of criminal prosecution is the decision of the prosecutor or the court not to initiate criminal court proceedings or cease them under certain conditions, the most important of them being the offender reimbursing the injured party for the damages caused by the crime. The goal of the author of this thesis is to briefly write about the history of alternative ways of handling criminal cases and their introduction into Czech criminal law, then to move on to specifically discussing the institute of conditional discontinuance of criminal prosecution, the conditions that must be met for its use, the benefits it brings into Czech criminal law and criminal proceedings and to compare it with other types of diversions, as well as with the use of the same institute in Slovak criminal law under slightly different conditions. The...
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Plea bargain: comparison of Czech and German regulation
Sakařová, Michaela ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This master's thesis deals with the institute of agreement process that originates in anglo-american plea bargain, which has been implemented in many criminal proceedings within the countries of continental Europe. Civil law based countries are using agreements in different forms during their criminal proceedings as an alternative to common trials. Its purpose is to make them faster and more simple. Every agreement is different from each other, but one common element is that accused person pleads guilty of crimes he/she is being prosecuted for and also that the authorities involved in given criminal proceeding are willing to make concession in punishment of the prosecuted. Even though this type of solution to overburdened authorities active in criminal proceedings seems to be quite positive, there are some critics that find this method in conflict with some basic principals of continental criminal proceeding. This thesis introduces the agreement process in general view, briefly examines its origins and focuses mainly on its legislation in the Czech Republic and Germany. Legislative force in the Czech Republic implemented the agreement on guilt and punishment into criminal proceedings by an amendment of Criminal Procedure Code No. 193/2012 Sb. as a completely new diversion, respectively as special...
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