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The injured party and the victim in the criminal procedure
Malátková, Tereza ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The presented thesis addresses the issues of the position of an injured party and a victim in Czech criminal procedure, including procedural rights they are granted by the Czech Criminal Procedure Code and currently also by Act No. 45/2013 Sb., on Victims of Crime. The purpose of this work is to analyze in detail this legal regulation in force, including its impact on applicatory practice of the state authorities involved in criminal procedure with emphasis on its application within the state prosecution service. The aim of the thesis is to provide the detailed analysis of the regulation in force in relation to the injured party as well as a victim of crime, provide its critical evaluation, find its flaws and outline de lege ferenda suggestions. The work is concerned with two extensive thematic topics, i.e. the injured party and his/her procedural rights and then a victim of crime, to which the work structure of seven chapters corresponds. Each chapter deals with a different aspect of the injured party and victim participation in criminal procedure, the first chapter describing the development tendencies and changes the procedural regulation underwent in the past just in relation to the injured party. The second chapter focuses on the technical terms issues related to the legal definition of the...
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Amnesty
Petrů, Zuzana ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The subject of this paper is an amnesty. There was a broad amnesty proclaimed on the occasion of the 20th anniversary of establishment of the independent state of Czech Republic. Afterwards, amnesty was widely debated across the whole society, among experts, just as among amateurs. The aim of this paper is to give a coherent presentation on the most important and the most discussed matters related to amnesty. The first part of the paper is concerned with an amnesty in general. This means it is engaged firstly in its concept and character, history as well as current legal provisions of it. Next mentioned arguments stated pro and con amnesties are ensued by a comparison between Czech and foreign regulations of it. In the end of this part of the paper, international obligations are outlined. The core of this paper can be found in the part number two, which deals with the latest amnesty, declared in January 2013. Firstly, its reasons are presented, followed by summary of its magnitude and consequences for accused people, same as for the party harmed. There are also criminological aspects mentioned along with a hint of supposable resemblance to the amnesty proclaimed in 1990. A significant space of part two is taken up by article occupied with application aspects, because Václav Klaus' amnesty, in...
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Issues of criminal liability of legal entities
Pudilová, Anežka ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This thesis is dedicated to issues of criminal liability of legal entities. Act no. 418/2011 Sb., Act on Criminal Liability of Legal Persons and Proceedings Against Them (hereinafter as "the Act") came into force on January 1th , 2012. Adopting appropriate legislation Czech Republic not only met its international commitments, but also reacted to the fact that legal entities are becoming an instrument for committing serious types and forms of crime. The aim of this thesis is the analysis of the terms of criminal responsibility of the legal entities in context, taking into account strengths and weaknesses of the effective legal regulation. Studying the general issues of the offense responsibility of legal entities is the precondition for submitting integrated analyses of this specific section of the Act. This thesis is divided into three parts, which are formed by chapters, its sections and subsections. The first part is dedicated to the theoretical issues of criminal responsibility of legal entities among which are the conceptions of the offence responsibility of legal entities and arguments for and against introduction of criminal responsibility of legal entities. The second part of the thesis follows up the course to adoption of the Act, focuses on the object of the new statutory regulation, and on its...
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Cooperating Defendat
Mičánková, Pavla ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
AND KEY WORDS The purpose of my thesis is to analyze the institute of criminal informant as a legal instrument in the fight against organized crime. I introduce the historical background of cooperation between criminals and state on uncovering criminal activities. Then I follow with the analysis of current Czech legislation of cooperating accused and the so far limited cases of its application and also offer a comparative view of the law and its application in United States, Great Britain and Slovakia. The thesis is composed of six chapters. Chapter One is introductory and defines basic terminology used in the thesis: cooperating accused and crown witness. In this chapter I argue that the terms can be used interchangeably In the second chapter I introduce the history of cooperation between criminals and the state. Special subsection deals with the development of Czech legislation on cooperating accused. Chapter Three examines relevant Czech legislation and the limited number of documented cases of application of the institute. Chapter Four offers a comparative view of relevant legislation and approach to decision-making by trial courts in the United States and Great Britain and also the legislation passed in neighboring Slovakia. Chapter Five concentrates on problems resulting from organized crime,...
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Issues of criminal liability of legal entities
Rubešová, Jolana ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This thesis analyzes the most important issues of criminal liability of legal entities that was, after the complicated process of enactment of the act number 418/2011 Sb., recently established by the Czech law. This topic still causes discussions and its development is not at the end. The thesis consists of eight chapters. The first chapter is a brief introduction to the structure of the text and contains defining of the basic aims of the study. Chapter two describes historical development of the topic in Europe and also shows much easier acceptance of criminal liability of corporations in common law. The third chapter compares different concepts of the topic established by several members of European union and characterises the modifications of this topic worldwide. In chapter four is explored effect of the enactment of the criminal responsibility of legal entities on basic terms and principles of Czech criminal law. Chapter five deals with imperfect form of administrative sanctioning of legal entities in Czech republic as one of the most important reasons of establishing their criminal liability. Part two of this chapter explains the distinctions between administrative and criminal ways of punishing illegal conduct of corporations. The sixth chapter illustrates the process of enacting the act...
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Commercial Sexual Exploitation of Children
Kurečková, Zuzana ; Vanduchová, Marie (advisor) ; Gřivna, Tomáš (referee) ; Jelínek, Jiří (referee)
Topic of the thesis: Commercial Sexual Exploitation of Children The topic of this thesis is commercial sexual exploitation of children, which represents fundamental violation of children's rights. It comprises sexual abuse by an adult and remuneration in money or non-monetary benefits to the child or to a third party. The child is treated as a sexual object and as a commercial object. The thesis is divided into five parts. The first chapter is dedicated to theoretical introduction to the phenomenon of commercial sexual exploitation of children, the process of its recognition and the current situation. Criminological aspects are also mentioned. The second chapter deals with international treatment of protection of children against commercial sexual exploitation and turns attention to documents adopted by the United Nations, the International Labour Organization, the International Tourism Organization, the Council of Europe and the European Union. The core of this thesis is elaborated on in the third chapter, which focuses on criminal protection of children against commercial sexual exploitation in the Czech Republic and concentrates on the analysis of the elements of crimes penalizing various aspects of this phenomenon. The analysis is divided by the forms of actions into trafficking of children,...
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Problems in juvenile criminal justice
Sovák, Ondřej ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
"Problems in Juvenile Criminal Justice" The thesis is dedicated to the juvenile criminal justice issues in the Czech Republic. The work is divided into three parts. The first part includes a historical view of the punishment of minors and the situation before the adoption of Act No. 218/2003 Coll. The second part describes the basic principles of juvenile criminal justice which are important for the understanding of the meaning of the Act. A study of basic principles can assist in drawing attention to controversial issues, or perhaps also assist in resolving them. The third part is divided into four chapters by individual selected institutes of the Act. What is analyzed in detail are issues of the protection of minors' privacy, the question of the changed local jurisdiction of the juvenile court, the withdrawal from the criminal prosecution and the institute of arrest. Keywords: juvenile criminal justice minors basic principles
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The injured party in criminal procedure and his/her protection
Malátková, Tereza ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The injured party in criminal procedure and his/her protection The presented thesis addresses issues of the injured party position in Czech criminal procedure and the extent of his/her procedural rights. The purpose of this work is to analyze the legal regulation in force, whereas the aim is to provide comprehensive subject overview and suggest the changes in Criminal Procedure Code1 that would strengthen procedural position of the injured party. The thesis is composed of five chapters, each of them dealing with different aspect of the injured party involvement in criminal procedure. The first chapter briefly addresses the historical evolution of legal regulation of the injured party position in particular procedural statutes and it is therefore subdivided into five subheads. It is further focused on selected amendments of the Criminal Procedure Code in force in view of their impact on the injured party. In the second chapter the statutory definition of the term "injured party" is explained and the principal legal expressions therein are clarified in accordance with the Czech courts' case-law and the last crucial amendment of the Criminal Procedure Code. The attention is also focused on distinguishing two categories/classes of the injured party and the differentiation of the term "injured party"...
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Ineffectiveness of evidence in criminal proceedings
Děček, Milan ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This essay deals with problematic of evidence-efficiency. It is based on analysis of not only national, but also international law sources of different legal power. It further deals with this issue not only from theoretical, but also practical side of the Czech and as well another countries criminal procedure. It closer devotes to the conception of ineffective evidence in Czech criminal-legal theory. The question of efficiency of evidence obtained from inefficient evidence is considered one of the most complicated ones. The legal regulation itself does not reflect on that and jurisprudence as well as opinions of criminal law authorities are not uniform. Reasoning " de lege ferenda" lead to demand of a better legal regulation. Namely the addition of the legislation on General Conditions clause enshrining the ineffectiveness of the evidence exhaustively with significant defects in individual cases based on the prohibitions that were included in the adjustment of individual evidence.
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Problems of the institute of custody
Hlaváč, Marek ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
v anglickém jazyce Problems of the institute of custody This thesis focuses on the problems of custody in the Czech legal system. This dilemma belongs to the branch of criminal law and is regulated by the Rules of Criminal Procedure. Custody is one of the penal provisory instruments. Custody serves to guarantee the attendance of the accused at criminal proceedings because the accused can be interested in the absent from the criminal procedure. It is a manifestation of coercive authority of body active in criminal procedure on the basis of the Rules of criminal procedure. The purpose of custody is to protect society or particular individuals from serious offences. An accused can only beput in custody if there are reasonable grounds for believing that he will attempt escape,affect witnesses, expert witnesses or co - defendants or that he will continue to commit acrime or perpetrate a further crime. According to these three situations we distinguish three types of custody namely runaway custody, collusive custody and preventive custody. Main focus of this thesis is to shine a light on problems that appeared during the time in the topic of custody. For this I used a statistical data from the institution that have something to do in procedure of the custody. Especially Prison service of the Czech...
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