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First-instance proceedings for administrative transgressions
Novotná, Martina ; Prášková, Helena (advisor) ; Kopecký, Martin (referee)
The offence proceedings are a special type of the administrative proceedings, through which the administrative body adjudicate on the accused of the offence and his guilt and punishment. The purpose of the offence proceedings is to find out solution of a question, if the offence was committed and who is responsible for that. The offence proceedings are regulated mainly in the code no. 200/1990 Sb., Act on Transgressions, and subsidiary in the code no. 500/2004 Sb., Administrative Procedure Rules. Also legal principles are very important and influencing the offence proceedings. The offence is the object of the offence proceedings. The offence according to the Czech legal system is considered as a wrongful act which is injurious to the public as the crime is, but the difference between them is that the offence is less serious than a crime. The participants and the administrative body are the subjects of this type of proceedings. The offences are heard by the administrative body and the administrative body decides on rights and impose the obligations towards the offender. The participants of the offence proceedings are the accused of the offence, the aggrieved party, the owner of the thing, that might be confiscated, and the applicant, who put the petition. Before the offence proceedings begin, there is a...
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Types of Punishments in the Czech Republic and the U.S.A.
Faltusová, Denisa ; Moravec, Tomáš (advisor) ; Žák, Květoslav (referee)
The aim of this bachelor thesis is to introduce types of punishments in the Czech Republic and the United States of America. It is mainly focused on specific punishments. Marginally, the thesis is concerned with the specific aspects of Czech and American law, sources of law and the general principles of imposing a sentence. In the conclusion, a comparison of the advantages and disadvantages of particular systems is offered.
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Child abuse and neglect
HORČICOVÁ, Ivana
This dissertation is focused on some problems of maltreated, abused or neglected children and it also tries to outline a contemporary view of this situation. Considerable changes occured in this field after breaking a taboo on this subject, which is presented as a topic for a wide discussion. In my work I tried to give a complex view of some aspects of maltreated, abused or neglected children problems. Furthemore I focused on the problems of a public awareness concerning maltreated, abused or neglected children, and possible public activities in this field. I also investigated a public awareness of civic associations (i. e. organisations, institutions or facilities) which take care of endangered children in Trhové Sviny and nearby sorroundings. This research was based on a standardised questionaire. According to an analysis of its results, it is possible to to state a negation of both hypotheses in which I originally considered a public awareness of maltreated, abused or neglected children low, or likewise, I pressumed that a public awareness of the above mentioned organisations (civic associations, institutions) would not be very high. In spite of these conclusions it is a safe assumption that the tasks given to find out a situation in a public awareness concerning the endangered children, were fulfilled.
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Health and social aspects of the decrease of age limit of the criminal responsibility
SCHAFHAUSEROVÁ, Martina
The name of the thesis is "Health and social aspects of the decrease of age limit of the criminal responsibility." The thesis describes the historical development of the criminal and legal liability of the youth and the present legal regulation, especially the Declaration of Basic Rights and Freedoms, Convention on the Rights of the Child, Act on Social and Legal Protection of Children, Family Act, Criminal Law, Penal Proceedings Act, Act on Judicial System in the Matters of Youth, Act on execution of institutional education or protective education in school facilities and preventively educational care in school facilities and Act on Probation and Medication Service as amended. Moreover it describes the age limit of the criminal liability in the Czech Republic and abroad. The thesis deals with cause and manifestation of youth criminality. The target number 1 was to find out, based on opinions of experts from the field of the social and legal protection of children and judicial system in the matters of youth, if the decrease of the limit of criminal liability would be suitable, or by how many years the limit of the criminal liability should be decreased. The target number 2 was to set and to characterise the possible health and social consequences of the possible decrease of the criminal liability limit. The research was performed by the qualitative method the base of which was a talk with experts from the branch of social and legal protection of children and judicial system in the matters of youth. The base was asking half-closed questions prepared in advance. The research file included: judge for the youth, state prosecutor, lawyer, 6 employees of probation and mediation service and 5 employees of the body for social and legal protection of children. It follows from the research that the prevailing part of the addressed experts agrees to the current legal regulations concerning the limit of criminal liability. Based on acquired information and achieved goals, the thesis could be a good contribution to the lasting discussion concerning preserving or decreasing the limit of criminal liability and bring arguments for the given statements especially from the health and social viewpoint.
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Efficiency of sanctions in offence proceedings
KLIKA, Luboš
Offence proceedings constitute a special type of administrative proceedings. They can be understood as legally regulated procedure of competent administrative bodies and other persons in hearing of and deciding about offences. The offence proceedings progress primarily according to the Offence Act No. 200/1990 Coll. on offences, as amended. The offence agenda, as transferred field of activity of state administration, is executed by the relevant local authority. The offence agenda is usually executed by a commission appointed to hear offences. The thesis deals with the efficiency of sanctions in offence proceedings, with focus on offence proceedings at offence commissions of smaller municipalities, specifically of Local Authority of Loučovice, Local Authority of Lipno nad Vltavou and Municipal Authority of Vyšší Brod. The following hypotheses were stated: 1. The offence commissions of small municipalities impose mainly the sanctions in form of reprimand and fine for the offences committed, 2. the imposed sanctions in form of fine are never paid by more than a half of the offenders and further not enforced, 3. there are objective reasons to introduce the new sanction similar to the punishment in form of commonly useful works. I chose the secondary and content analysis of data acquired from offence commissions of the above stated municipalities to get the necessary information. Further data were acquired with the help of quantitative research and casuistry of five specific cases. The analysis and evaluation of the acquired data confirmed that the offence commissions impose only sanctions in form of reprimand and fine. The sanction in form of reprimand has no marked effect and the sanction in form of fine is very often not paid. With regard to the results of the research investigation, it would be beneficial to introduce an analogy to the punishment in form of commonly useful works like those imposed in criminal proceedings, into the sanctions of the Offence Act.
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Criminal activity of the juvenile offenders
ZBORNÍKOVÁ, Kateřina
The theoretical part of my thesis focuses on explaining the concepts, including definition of responsibilities, and on development of work with offenders from retributive to restorative justice. It deals with the characteristics of youth crime, in particular by biological factors, age, gender, family and education. The practical part of my thesis utilises the methods of quantitative and qualitative combined research. The techniques included semi-standardised interviews completed with a non-aligned observation and secondary and content analysis of data from the files. The research sample consisted of clients of the Probation and Mediation Service in České Budějovice, who committed a criminal act in teen age. The research mostly focused on theft, quiet, whole and functional family background and students of the Secondary Technology and Automobile School in České Budějovice. The research has shown that young offenders are happy not to be in prison, and that they do not have sufficient legal awareness. All the set objectives have been achieved. Two of initial three hypotheses were confirmed, one was not. Hypotheses specified on the basis of research are: 1.) the most frequent motive of juvenile offenders to commit a criminal act is a sudden ?straying?, 2.) students of the Secondary Technology and Automobile School in České Budějovice, Skuherského Street 3, are the most common perpetrators of criminal acts in the district of České Budějovice, 3.) actively cooperating clients of the Probation and Mediation Service in České Budějovice are the most likely that the court would conditionally stop their prosecutions, and 4.) adolescents have low legal awareness. The thesis can be utilised for processing in professional magazines and publications or for the needs of further research, bachelor, diploma and other scientific works. Another possible use I see for the needs of practical application within the prevention of crime and for teaching purposes.
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Progress and structure of motor vehicle accident frequency in the region of Prachatice caused by alcohol abuse
VEBER, Luděk
The thesis focuses on the rate of road accidents resulting from alcohol abuse in the district of Prachatice in the period from 1996 to 2006. The objective of the thesis is to analyse available police statistical data of the Police Presidium of the Czech Republic, as well as the South Bohemian Regional Police Directorate, the Regional Department for External Service, and the Road Traffic Inspectorate in Prachatice. The initial part of the thesis defines the characteristics of alcohol, its metabolism in the human body and its subsequent degradation and elimination. Furthermore, it provides a description of alcohol dependence and the impacts on health arising from excessive alcohol consumption. When driving a motor or non-motor vehicle under the influence of alcoholic beverages, the driver commits an unlawful action. The thesis reviews current legislation associated with driving vehicles under the influence of alcoholic beverages. Based on processed statistical data, an analysis of the development of the rate of road accidents caused by alcohol abuse in the period 1996 {--} 2006 was made, as well as an analysis of the structure of road accidents resulting from alcohol abuse in the same period according to the age of the offenders, accident types, and criminal prosecution. The ascertained statistical data served as a basis for diagrams and tables used for further comparison. In total, the thesis contains 22 diagrams and the same number of tables. Whereas the statistical data gathered in this manner were deployed as basic data for an analysis of the road accident rate in the district of Prachatice in the period from 1996 to 2006. One of the main issues examined by the thesis is the unsatisfactory and the socially dangerous conduct of motor vehicle drivers who drive their vehicles under the influence of alcoholic beverage and thereby, pose an imminent threat to the lives and health of other road traffic participants.
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Imprisonment of minor offenders
VÁVROVÁ, Kateřina
Youth criminality is a constant problem which a number of specialists, legislative bodies, and the whole public deal with. A number of negative phenomenons occurring in the area of this population, e.g. spreading of drugs among younger and younger age groups and related increase of criminality undoubtedly play a leading role. However, it is known that bare repression is ineffective and means of educational activities are much more effective. Occurrence of social pathological phenomenons, their dynamics and changes are an indivisible part of the society. Grounds enabling occurrence of these phenomenons change very little. Heritability, constitutional factors, family, school, peer pressure, inappropriate spending free time as well as media influence and ethnical origin have an impact. Responsibility of the youth for unlawful acts is laid down by the Act No. 218/2003 Coll., on the Liability of Youth for Unlawful Acts and on Justice in Matters of Youth and Amending Certain Acts (Act on Justice in Matters of Youth). The purpose of the Act is defined particularly from the view of prevention of unlawful activities of the youth that is a basic group to which the attention of the whole justice and society is to be paid, so that every member of this group who committed an illegal act, no matter he is a juvenile or a child younger than fifteen years, is treated in accordance with this Act, he contributes to rectifying the injury resulting from the unlawful act within his strengths and abilities, a convenient and appropriate measure is imposed on him, and he finds a social asserting corresponding to his abilities and intellectual and moral development as a definitive result. Preventive activities aimed against youth criminality always and in the whole scope require respecting basic children rights and rights for privacy of their family. Children rights must be observed from primary to tertiary prevention, from searching threatened children and their families to treatment of guilty children. The most significant tool of social prevention is education of children in families and education of children at school. The aim of the thesis was to find out grounds leading to custodial detention of a juvenile offender and to find indications which could help to positively or negatively affect educational impact on the juvenile in the prison.
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Crime perpetrated against seniors
BREDOVÁ, Eva
The issue of violence against seniors is a major concern in many developed countries. The elderly are among the demographic groups that are most at risk. This group is growing because the population is generally getting older. Each year, hundreds of seniors in the Czech Republic become victims of crime. Within the bounds of quantitative research, I chose the methods of controlled dialogue, model casuistry and secondary data analysis. The issues seniors face are becoming more and more prominent and pressing; they demand a solution. Education about how to protect themselves and their property is an important tool, which helps to minimalize the perpetration of criminal offences against seniors.
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Prevention of Juvenile Delinquency in Jindřichův Hradec
Nováčková, Pavla ; Sedláková, Jaroslava (advisor) ; Bohmová, Alena (referee)
This thesis is basically an overview of juvenile deliquency development over the past years, centering on the Czech Republic, Southern Bohemia and the region of Jindrichuv Hradec. The thesis concentrates on mapping the causes of the most frequent kinds of juvenile deliquency in Jindrichuv Hradec. It takes into account all factors that have an impact on criminal behavior of youths. The research is based on 50 documents stored within the probation and mediation agency of Jindrichuv Hradec. The research concluded, that the main causes of youth deliquency are unorganized free time together with family problems. There's also a considerable influence from the peers. Taking these facts into account, the thesis goes on to outline preventive measures, mainly free time activities, improving legal awareness among the targeted group, teachers' education and strengthening cohesion within a family.
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