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Basic principles of imposing administrative penalties with special regard to the "ne bis in idem" principle"
Mach, Kevin ; Prášková, Helena (advisor) ; Vedral, Josef (referee)
This diploma thesis discusses the topic of the basic principles of offence proceedings, whereas attention is primarily focused on the principle of ne bis in idem (not twice against the same thing). The purpose of this work is to present the key principles that should be applied during an offence proceeding, or during the process of punishment in general. For this purpose I chose the method of analysis, during which I compared a list of individual principles of offence (criminal) proceedings and their content according to individual authors. After establishing that no accord has been reached in this doctrine in regard to which principles should be applied during an offence proceeding, I endeavoured to synthesise these differing opinions by selecting the individual principles on which most authors agree and add additional principles, which should be applied during an offence proceeding in my opinion. On the basis of these selected principles I subsequently created a unique list of the key principles of an offence proceeding, e.g. principles that should certainly be applied during an offence proceeding. I added a brief commentary to the individual principles in order to explain the issue to the reader. On the basis of this list of key principles applicable to offence proceedings I chose the principle...
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Basic principles of imposing administrative penalties with special regard to the "ne bis in idem" principle"
Mach, Kevin ; Prášková, Helena (advisor) ; Pítrová, Lenka (referee)
This diploma thesis focuses on the topic of the principles applied during proceedings regarding offences, mainly the principle of non bis in idem, which this thesis focuses on. The non bis in idem principle means that a matter cannot be judged twice, because it is generally accepted that two punishments for the same crime are unfair. This principle is applied in proceedings on criminal charges and because the concept of criminal charges is autonomous according to the European Court for Human rights, i.e. it has specific objective content, I chiefly discussed interpretation of this concept. According to the European Court for Human Rights, in order for the issue to be criminal charges within the meaning of Article 4(1) of the Protocol to the European Convention on Human Rights, the charges must fulfil the so-called Engel criteria, which I have endeavoured to explain to the reader. These criteria were created by the European Court for Human Rights in the case of Engel and Others v. the Netherlands (1976), whereas these criteria were developed before the same court in the case of Bendenoun v. France (1994). These criteria are decisive in regard to whether the issue is criminal charges and whether the guarantees offered by the European Convention on Human Rights must be applied during the proceedings,...
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