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Custody in criminal trial
Nosková, Jana ; Jelínek, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
Docotral thesis deals with the issue of custody as a hedge of criminal law, which is the most serious interference with the personal liberty of the accused. The thesis in addition to the initial and final part is divided into nine chapters. The introductory chapter is devoting to embedding custody .The following chapter is focused on material issues of custodial rights. The main part is devoted to procedural custody issues, its own decision to remand the accused in custody, custodial session, review the merits of the custody decision to extend it and replacing the bond measure. In the following chapters is analyzed the custody in juvenile proceedings, the defense of the accused in custody, custody and liability for damage done by a detention. Briefly identifies the Slovak legislation custody. The last chapter is devoted to the detected data relating to remand cases for 2012 in the scope of the District Public Prosecutor's Office in Jihlava and their comparison with data from other government offices. The aim of my thesis was to provide a comprehensive characterization of the current legislation ties especially in the context of extensive amendment of the Institute No. 459/2011 Coll. and the attached amendment to Act No. 45/2013 Coll., to focused on some problematic provisions and propose approaches...
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Selected types of crime committed under the influence of alcohol and drugs
Richter, Jiří ; Gřivna, Tomáš (referee) ; Tlapák Navrátilová, Jana (referee)
Selected types of crime committed under the influence of alcohol and drugs In seven chapters, this thesis deals with selected types of crime for which the offender is typically under the influence of alcohol or other addictive substances. The author defines basic concepts and analyze constituent elements of those criminal acts, criminological aspects and mechanisms of influence of addictive substances on the perpetrators of these selected types of crime (drunkenness, threats under the influence of addictive substance, domestic violence, criminality of football hooligans, sexual crimes and drug-related crimes). The first chapter deals with basic concepts and discusses the history and influence of the most commonly used drugs. The second chapter briefly summarizes the development of legislation punishing offenders affected with substance abuse (particularly culpable insane offenders) in our area for the period from Theresian criminal law reforms to the present. The third chapter contains a detailed analysis of crime drunkenness, including criminological aspects examined in the light of the current Czech courts decisions. In the fourth chapter, the author discusses the institution of actio libera in causa in its dolosis and culposis variant. The fifth chapter deals with the analysis of the crime of...
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Victims of Domestic Violence, Particularly Criminological and Criminal Law Aspects
Langhamerová, Vlasta ; Herczeg, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
The aim of the thesis was to summarize the issue of the victims of domestic violence in the Czech Republic, including the legal development of the recent years, concerning particularly the criminological aspects of the issue as well as the criminal law aspects. The opening part deals with defining concepts such as domestic violence, victims, aggressors, their personal psychological aspects and legal terms - endangered person ("ohrožená osoba") and violent person ("násilná osoba"). The second main section of the thesis pays attention to the legislation on the help and support given to the victims of domestic violence in the Czech Republic, not only dealing with the immediate help given by the police and the judiciary in the form of the order-out decision of the aggressors from the common home, but dealing with the longterm psychological and social support offered by the intervention centers as well. The third basic part of the work focuses on the criminal law aspects of the domestic violence phenomenon, particularly current practice of the courts and rights of the victims as the aggrieved parties in the criminal procedure. It is followed by the present legal development on the field of passing the bill on the issue of victims of the criminal acts that has been a topic of discussions in the Czech...
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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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The issue of life imprisonment
Březinová, Kristýna ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
ISSUE OF THE LIFE IMPRISONMENT SUMMARY The purpose of this diploma thesis is to analyse the issue of life incarceration and some of the matters, which are related to this kind of punishment. I have decided to choose this topic because I have always been interested in the question of how society should punish the most serious crimes. Moreover, this punishment was introduced into the Czech legal framework not that long time ago, so in my opinion, there is still much space for its improvement. The life incarceration, which is the severest punishment possible within the Czech legal frame-work can be imposed by court only in the cases of the most serious crimes such as aggravated murder, terrorist attack or high treason. It was implemented in 1990 by the Criminal Code Amendment Act, which abolished the death penalty and replaced it with the life sentence. This thesis is divided into seven main chapters. The first part defines the basic terms, also it explains the purpose of punishment and deals with the system of punishments available according to our Criminal Code. Next chapter shows us briefly the evolution of punishments, especially of the life imprisonment, from the oldest civilizations up to the present. The third and fourth part are the core parts of this thesis, because they concern with the actual...
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Criminological aspects of hate crime
Ludvíková, Barbora ; Herczeg, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
The aim of this master's degree thesis on the topic of the Criminological Aspects of Hate Crime is to offer a comprehensive perspective on hate crime from the criminological point of view. The first chapter is introductory and concerns itself with the phenomenon of hate crime in general. It deals with the theoretical definition of hate crime, its specific characteristics that distinguish it from other types of crime and it also includes a typology of hate crimes. Subsequently, it focuses on the international, European and Czech substantive legal regulation. The second chapter concerns itself with the related term of extremism. It defines the main ideas and manifestations of right wing and left wing extremism and it also focuses on the current situation and extremist scene in the Czech Republic. During the examination of the right wing political extremism, the terms of racism, nationalism, ethnocentrism and xenophobia are explained. Then, religious extremism and terrorism are briefly described. Finally, the last subchapter deals with the etiology of extremism. The core of this thesis lies in its third chapter that concerns itself with hate crimes from the criminological perspective and examines phenomenology, etiology and control of this criminality. The phenomenological subchapter focuses on the...
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The status and activities of the prosecution in criminal proceedings
Zoufalá, Kristýna ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
This thesis on The Role and Activities of the Prosecuting Attorney in Criminal Proceedings attempts to comprehensively analyse the role and activities of the prosecuting attorney within the Czech legal regulations of prosecuting attorneys whereas the prosecuting attorney is a completely irreplaceable party within criminal proceedings. His role in criminal proceedings is highly significant and he is able to affect criminal proceedings through his activities more than anyone else. This thesis is mainly focused on the comparison of the actual Public Prosecutions Act and the legislative intention of a new Public Prosecutions Act. The thesis finds the positives and negatives of the prepared act and shows them in conclusion. This thesis is composed of four chapters, some of them further subdivided into parts and subparts. Chapter One is introductory and describes the historical progression of public prosecution in the Czech state as well as in other states of Europe. The Chapter is subdivided into four parts where every part illustrates a different historical period. Part Two consists of four subparts. Chapter Two deals with the constitutional definition of a prosecuting attorney. Chapter Two is not subdivided into parts. Chapter Three is subdivided into five parts and provides an outline of the main...
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Unconditional imprisonment
Rozsypal, Martin ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
This thesis deals with the issue of imprisonment, which is the strictest penalty that our legal system uses. Although the possibility of alternative sanctions has extended widely in recent years, imprisonment still retains a very important position in the system of criminal sanctions, as it is a punishment that can be imposed for the commission of any crime. Imprisonment therefore remains and shall remain punishment designated primarily for the perpetrators of the most serious criminal activities. The aim of this work is to assess the current situation of the Czech prison system with regards to the relevant legal regulation of imprisonment, including problems associated to it. This thesis consists of seven chapters; each of them deals with various aspects of this form of punishment. The first chapter is devoted to theoretical issues of the concept and purpose of the punishment. There are two main approaches mentioned in the discussion about the purpose of punishment; the absolute theory and relative theory. Attention is also given to the purpose of punishment in the Czech legal regulation of criminal law. The second chapter deals with the historical perspective on the evolution of punishment and gradual enforcement of the imprisonment sentence in the criminal sanctions. This chapter then discusses...
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Criminal law and criminological aspects of the rape crime
Staňková, Lenka ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee)
(EN): Criminal Law and Criminological Aspects of the Rape Crime The rape crime is a very specific crime. Although it belongs to the most painful and traumatic crimes, the public does not often pay enough attention to it, which in practice leads to the fact that rape victims are sometimes overlooked, treated insensitively, or their trauma is often trivialized. We also cannot ignore the fact that the rape crime is accompanied by a number of prejudices, which are for many decades ingrained in our society. All these aspects result in the fact that this crime is characterized by very high latency rate. In my diploma thesis, I dealt with the criminal law and criminological aspects of the rape crime. I was also concerned with the progress in legal regulation of rape, which has changed a lot in past 50 years. My diploma thesis consists of two parts; the criminological part and the criminal law part. The first part contains criminological aspects of the rape crime, especially general introduction into the problem and definitions of the rape according to different theories and scientific approaches, types of rape, ways how the rape is usually committed (so called modus operandi), and one chapter is also dedicated to the rape victims. In this chapter, I focused on men as victims of the rape crime; on...
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Domestic violence and its prevention
Kudělková, Lenka ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee)
Domestic violence and its prevention The thesis is concerned with the problematics of domestic violence and its prevention. The aim of the thesis is to analyze the legal institutes that are provided by the Czech legislation for protection against domestic violence. The thesis is divided into six chapters each of which adresses special aspects of the problematics. The first chapter introduces the phenomenon of domestic violence. It tries to define the notion of domestic violence, describe its features and forms so that these pieces of information can be used in further parts of the thesis. Subsequently, it deals with theories that try to explain the causes of domestic violence. The second chapter is concerned general characteristics and personal traits of the perpetrator. Attention is also dedicated to gender aspects. The third chapter concentrates on general characteristics of the victim and adresses the process of victimization, i.e. the transformation of a potential victim into a real one. Primary, secondary and tertiary victimization are to be distinguished. The next part describes the mental consequences of the victim of domestic violence. Special attention is given to individual groups of victims - men, children, seniors, women. The fourth chapter surveys the relevant Czech legislation and...
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