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Proceedings on determination and denial of parenthood
Hegerová, Klára ; Frintová, Dita (advisor) ; Vyskočilová, Silvia (referee)
Proceedings on determination and denial of parenthood Abstract Rigorous thesis deals with legal regulation of proceedings on determination and denial of parenthood. It is divided into eight fundamental chapters. By way of introduction the key concept of parenthood is defined, including its three elemental forms with subsequent inclusion in the social and legal context. For purposes of comparison and evaluation of continuity of legal rules in force, the second chapter briefly discusses the development of legal regulation of determination and denial of parenthood in the Czech legal system. In the third chapter, the author focuses on the current substantive law of maternity, presents the topics of anonymous and secret childbirths and also the issue of surrogacy as a source of possible litigation. Legal regulation of paternity is contained in the fourth chapter, which deals with the determination of paternity by means of legal presumptions, denial requierements, fundamental starting points and chosen problematic institutes. Special attention is also paid to the legal status of alleged father and child in proceedings on denial of paternity when the lack of protection of their right to private and family life and children's right to know his or her biological origin is pointed out. The following chapter describes...
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Settlement in criminal proceedings
Hegerová, Klára ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The topic of this diploma thesis is the settlement in criminal proceedings, one of diversions, or also alternatives to typical course and outcome of criminal proceedings. The settlement was incorporated into the Czech Criminal Procedure Code by the amendment n. 152/1995 Sb. with the effect on 1st September 1995. The settlement is an institute of criminal procedure law originating in restorative justice principles and its goal is to restore affected relationship between the defendant and the victim. Then proceedings of the settlement should not serve only to compensate the victim, as is sometimes perceived by the public, but also to clarify causes of the conflict during the active participation of both parties and to assume personal responsibility for the crime committed which may have significant effects in terms of criminal prevention. Despite the fact that the settlement is a form of diversion beneficial to the defendant (it leads to cessation of prosecution), victim (it is faster to obtain the compensation) and society (prevention from committing other crimes, relieving courts in favour of complex and serious crimes), it is rarely used in practice. In the first chapter I generally deal with the concept of diversions in criminal proceedings, their fundamental characteristics and common features...
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