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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...
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Criminal Law Instruments Against Organized Crime
Danková, Katarína ; Jelínek, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee) ; Ivor, Jaroslav (referee)
This doctoral thesis is concerned with an in-depth analysis of organized crime under criminological and criminal-law aspects, taking an approach that recognizes organized crime as a multi-faceted, dynamically changing category. The importance of this issue derives, firstly, from the grave threat to society which it represents and, secondly, from the on-going international and domestic discussions of the need for better tools to eradicate it. The first part of this work conveys the nature of organized crime, and based upon an understanding of the modern forms of organized crime raises and reappraises the important substantive-law questions of its criminalization and punishment. Organized crime is inseparably associated with the most controversial institutions of procedural criminal law, namely, the institutions of the cooperating accused person, informers, agents provocateurs, and the protected witness, which in the fight against organized crime represent a serious challenge for the fundamental principles of procedural criminal law. A theoretical analysis of these issues follows, which, together with a look on the consequences of the imperfect current Czech legislation being applied in practice, highlights the need for reappraisal and reform of the current laws. The thesis takes a critical,...
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Corporate Criminal Liability
Danková, Katarína ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The submitted thesis comprehensively deals with the institute of corporate criminal liability and its aspects. The purpose of the research is to analyze corporate criminal liability on a multidisciplinary level. With regards to criminological findings on the nature of corporation as well as corporate criminality itself we examine the current legislation on criminal liability of legal persons adopted in Czech republic. Originally being a solution developed to control corporate wrongdoing, corporate criminal liability is slowly finding her way in the criminal law theory. The problems it causes are obvious and are caused by the immaterial nature of corporate body which, as opposed to human being, does not consist of flash, bones or soul. Theory of criminal law therefore focuses on the roots of corporate criminal liability, nature of corporation, character of its liability as well as on finding effective ways of policing of companies through regulation. The study therefore concentrates on these theoretical problems and presents possible solutions to the current theoretical and problems of application of legislation on criminal liability of legal persons.
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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...
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