|
|
Life imprisonment
Černovská, Veronika ; Šámal, Pavel (advisor) ; Vanduchová, Marie (referee)
Life imprisonment Resumé The purpose of my thesis is to penetrate into the issue of life imprisonment and to analyse consequences which are connected with its legislation. The death penalty was replaced by life imprisonment in our country in 1990. The penalty of life imprisonment as the toughest punishment in the legal system of the Czech Republic necessitates big attention, because it causes considerable harm to the human rights of people sentenced to it. That is why it is possible to impose life sentence only in compliance with the strict conditions and only for enumerated crimes, both stated in the penal code. Nevertheless, life imprisonment has its supporters and opponents as well as death penalty, because it has not only advantages in comparison with capital punishment, but also some disadvantages. The thesis tries to describe these problems and propose solutions to it. The thesis is composed of seven chapters, each of them dealing with the issue of life imprisonment from a different point of view. The chapters are thematically divided into subchapters. It is necessary to know the historical context to understand the present legislation of life imprisonment, therefore Chapter One looks at development of life imprisonment, briefly in the world, but it focuses mainly on its development in our territory...
|
|
|
The injured party in criminal procedure and his/her protection
Danková, Katarína ; Šámal, Pavel (advisor) ; Herczeg, Jiří (referee)
The reason for choosing The Position and Legal Protection of Aggrieved Party in Criminal Proceedings as my thesis subject , is because of its timeliness from the perspective of international as well as national law , in particular the ongoing process of modification of criminal procedural law. The work is to describe the current status of aggrieved party legislation in criminal proceedings with regards to substantiate the intent of the forthcoming criminal procedures and to point out its short comings , and to suggest possible solutions. The Introductory chapter is devoted to international, European and national legislation as to the source of the aggrieved party. The second chapter is devoted to legal definition of aggrieved party under the current criminal procedure code. The third chapter is dedicated to the procedural rights of two groups of aggrieved - aggrieved that have right to rise claims for damages in criminal proceedings and aggrieved who do not have that right , and the discrepancies between the rights of these entities and the rights of the accused. The fourth chapter specifies the position of the aggrieved party in various stages of criminal proceedings, from preliminary stage to appeal. The final part summarizes the possibilities of improving current legislation with regards to the...
|
|
|
Alternatives to unconditional imprisonment
Mařánková, Barbora ; Vokoun, Rudolf (advisor) ; Šámal, Pavel (referee)
86 Resumé Alternatives to unconditional imprisonment The name of my diploma thesis is The Alternatives to Unconditional Imprisonment. I chose this topic because it is the actual theme, the crime rate raises and alternative punishments represent new options how to deal with increasing criminality and matters related to it. Czech Republic and other countries are forced to deal with problems related to increasing amount of imprisoned persons. Unconditional sentence is accompanied with many negative consequences, such as interruption of social bonds, adaption to prison culture and difficult comeback into society after the imprisonment. This is very wide topic and I more concentrated on community service order, monetary fines and suspended sentence (including suspended sentence with supervision). The aim of my diploma thesis was summarize current legal regulation, mainly a new Criminal Code, and some problems in practice. The thesis is composed of eleven chapters; some of them are divided into subchapters. The first part of my thesis including chapter 2 - 4 is introductory and deals with the term of punishment, its purpose and individual theories of punishment. Next one is the concept of restorative justice, because the alternative sanctions are result from it. Restorative justice conception brings a new look on...
|
|
| |
|
| |
|
| |
|
|
Criminal aspects of the public procurement
Novák, Martin ; Šámal, Pavel (advisor) ; Gřivna, Tomáš (referee)
147 Summary: The subject of this work, as it follows from its title, is the issue of crimes committed in connection with public procurement. The author emphasizes that it is a problem more than actual. Crime in connection with the public procurement has significant economic and social impacts and is subject of a long-term criticism and constant interest of media. The aim of this work is to present the main features of this form of crime, not only through a detailed analysis of the applicable criminal regulations, but also, using practical experience and analysis of the current case-law of general courts, through identification of the most significant legal or forensic problems in detection and investigation of this type of crime. The work is divided into five parts, which are further divided into sub-chapters and sections. The first part is dedicated to a valid criminal regulation. It defines in detail the various constituent elements of the relevant offenses and the most important legal concepts. The criminal liability of legal persons is not omitted. The second part, though still focused on the criminal regulation, has been concentrating on the applicable regulations of the Public Procurement Act, rather than the Criminal Code, with focus on legal concepts contained in this Act that are also normative...
|
|
| |
|
|
Extraordinary appeal
Engelmann, Jan ; Šámal, Pavel (advisor) ; Bohuslav, Lukáš (referee)
1 Abstract My master's thesis is focused on analysis of extraordinary appeal in criminal procedure. Extraordinary appeal is one of extraordinary remedial measures which was introduced into the Czech Criminal Procedure Code with effect from 1 January 2002. The thesis is devided into 6 chapters and the main chapter of the thesis is focused on in-depth analysis of the grounds of an extraordinary appeal and the issue of so called extreme discrepancy. So far, the issue of so called extreme discrepancy has not yet been subject to in-depth analysis in professional literature, therefore I pay more attention to this matter. The importance of so called extreme discrepancy is significant for the Supreme Court of the Czech Republic and its decisions. It is a concept arising from the case law of the Constitutional Court of the Czech Republic, which extends the grounds of an extraordinary appeal despite the grounds laid down in the Czech Criminal Procedure Code. Based on this concept the Supreme Court of the Czech Republic is obliged not only to review questions of law but also questions of fact in cases with so called extreme discrepancy. The Constitutional Court of the Czech Republic defends this concept saying it is neccessary to keep this approach in order to respect the fair trail within the meaning of the European...
|
|
|
Tolerable risk in Criminal Law
Hendrych, Lukáš ; Šámal, Pavel (advisor) ; Pelc, Vladimír (referee)
Tolerable risk in criminal law Abstract This rigorous thesis focuses on an issue of tolerable risk in criminal law. The institute of tolerable risk in criminal is one of the most recent circumstances excluding illegality, which are defined in the Czech Criminal Code. Until its legal definition in the Criminal Code, the tolerable risk was inferred only by legal theory and practice. The tolerable risk is now ambedded in the provisions of Section 31 of the Criminal Code. Tolerable risk is an effective tool for conducting research, for experimenting in science and it can be also applied in medicine, business and sport. It is crucial for the institute of tolerable risk to set boundaries, because an overly liberal approach to defining limits of tolerable risk can lead to a gambling and reckless conduct of individuals. On the other hand, too restrictive definition of tolerable risk limits can restrain the scientific and technological progress and individual creativity in general. This thesis performs an analysis of the institute of tolerable risk in criminal law. Primarily, it deals with the system of circumstances precluding illegality and provides a brief list and description of other circumstances precluding illegality. In the following chapters, it discusses the historical development of acceptable risk in the...
|
guest ::
RSS feed.