National Repository of Grey Literature 89 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Diversions in criminal proceedings
Daňková, Jana ; Tlapák Navrátilová, Jana (advisor) ; Mulák, Jiří (referee)
Diversions in criminal proceedings Abstract The topic of the thesis is diversions in criminal proceedings which have been firmly rooted in the Czech legal system for many years but there is still space for their development as the amendment to the Criminal Procedure Code from 2020 has shown. The thesis is devoted to diversions in criminal proceedings in their broader concept, which includes conditional discontinuance of criminal prosecution, settlement, criminal order, conditional postponement of filing a motion for punishment, postponement of the case with simultaneous approval of settlement, agreement on guilt and punishment and finally withdrawal from criminal prosecution in the case of juvenile offenders. The first and the second part of the thesis is rather theoretical and focuses on the explanation of the very concept of diversions in criminal proceedings, their purpose for criminal proceedings and their significance for the Czech legal system as well as on the systematics of diversions in criminal proceedings for better orientation and explanation for other parts of the thesis. The third part is then devoted to the history of diversions in criminal proceedings, in particular, it explains by what law and for what purpose the given diversion was included in the Czech legal system and how diversions in...
The concept and legal consequences of exceeding the limits of self defense and necessity
Vedra, Jan ; Vokoun, Rudolf (advisor) ; Mulák, Jiří (referee)
The presented diploma thesis deals with the criminal law institute of circumstances excluding illegality, specifically the thesis is devoted to necessity and self defense. In the introductory chapters of the thesis, the traditional institute of criminal law, included among the foundations of criminal responsibility, is introduced and placed in the context of the formal concept of crime in the Czech legal regulation of criminal law. Furthermore, the very concept of circumstances excluding illegality is introduced, of which necessity and self defense are then examined. Individual conditions that trigger a state of necessity are thoroughly examined and assessed, respectively. as well as self defense, and subsequently the very limits of action in these states. After determining the limits of necessity and self defense, the thesis moves on to the next part, where cases of deviating from the limits of both of these instruments are pointed out, namely largo sensu, i.e. exceeding in the sense of acting outside these states, and further exceeding the limits of given actions, also referred to as exceeding the limits of necessity and self defense stricto sensu. In the following passages, the thesis focuses on the definition of the specific legal consequences of deviating from the limits of pre-prescribed...
Limits of evidence in criminal proceedings
Tretera, Štěpán ; Jelínek, Jiří (advisor) ; Mulák, Jiří (referee)
Limits of evidence in criminal proceedings Abstract The thesis deals with the issues of the limits of the applicability of individual means of evidence in criminal proceedings, especially with regard to the legality of their search and execution. These limits are closely linked to the basic principles of criminal procedure, as they are based on them and are measured by them in judicial practice. The work is based on the Czech statutory regulation of evidence in the Criminal Procedure Code, on the case law of the general courts and the Constitutional Court and, last but not least, on the case law of the European Court of Human Rights, which often assesses whether the evidence used in criminal proceedings does not violate the right of the accused to a fair trial under Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The thesis contains de lege ferenda issues, namely the legal regulation of the search and execution of particular means of evidence in the Criminal Procedure Code, and answers research questions related to evidence. The first chapters of the thesis are focused on the theoretical basis of evidence and the most important case law related to the basic principles of evidence and the process of evidence according to the individual categories of issues that must...
Women's Criminality and Criminality against Women
Zárubová, Petra ; Tlapák Navrátilová, Jana (advisor) ; Mulák, Jiří (referee)
Women's Criminality and Criminality against Women Abstract The topic of the present rigorous thesis is women's criminality and crime against women, i.e. two different views of women, first as perpetrators of crime and then as victims. Although women represent more than half of the population, the topic of women's criminality is not given as much attention as that of men or other population groups (e.g. juvenile delinquency). Thus, women are perceived as victims of crime rather than as perpetrators of crime. The second part of the thesis is devoted to the topic of women as victims of crime, as this is still a very topical issue at present. The aim of the thesis is to give a picture of both types of crime, to give their specifics, to describe their causes and to focus on possible repressive and especially preventive measures that can be used to suppress or prevent this type of crime. At the same time, the work aims to compare the information found with foreign legislation (Germany), to point out the shortcomings of the current legislation and any current problems, and to outline possible changes or proposals for de lege ferenda regulation of the issue. In the introductory chapter, the thesis first defines the basic criminological concepts used in the following chapters, such as the concept of crime itself,...
The Concept and Legal Consequences of Self-defence and Necessity Limit Excess
Kubálková, Kristýna ; Vokoun, Rudolf (advisor) ; Mulák, Jiří (referee)
1 The Concept and Legal Consequences of Self-defence and Necessity Limit Excess Abstract The diploma thesis deals with the institutions of self-defence and necessity included into the justification. The purpose of both these institutions is to deprive of culpability such an activity that averts a danger threatening the interests protected by the penal code under such circumstances where the state fails to fulfil its task or is unable to fulfil it through its bodies. The aim of the thesis is to classify the conditions and limits of both institutions and the consequences of their excess, whereas the accent is placed on particular cases from the practice of the courts. The diploma thesis is divided into four parts. The first part deals with the concepts of a criminal act and unlawfulness, that are essential for understanding the issue as the whole. This part then summarises concisely all the circumstances of the justification. The second, most extensive part of the thesis, deals in details with self-defence. It explains the individual concepts and the conditions given by the self- defence provisions, whereas the accent is places on the excess of their limits. Various excess limits are mentioned, which are probable to happen; for better understanding, they are illustrated by the concrete court decisions. The...
Appeals in criminal proceedings
Pícha, Lukáš ; Vokoun, Rudolf (advisor) ; Mulák, Jiří (referee)
APPEALS IN CRIMINAL PROCEEDINGS Abstract This thesis analyses the legal regulation of appeals in criminal proceedings. The introduction describes the author's motivation for choosing this particular topic, as well as the basic goals of the work the thesis. The main intention of the author was to thoroughly analyze the valid legal regulation of the institute of appeal, with the aim of making a comprehensive analysis. For this purpose, the author gradually discusses the inclusion of the institute of appeal in the system of remedies, the basic principles of the remedial proceedings as well as the development of appeals in the Czech Republic. A partial aim of the thesis was to present problematic issues related to the appeal, to argue over them and to propose their de lege ferenda solution. In this context, the views of leading experts, including key court decisions, are also presented. Finally, the aim was to compare the legal regulation of appeal with foreign legal regulations. The author decided to compare the institute of appeal with the regulation in the German and Slovak legal systems. The first chapter of the thesis is devoted to the general characteristics of remedies in criminal proceedings. The author gradually comments on the essence and purpose of the remedial proceedings and continues with...
The Principle of Subsidiarity of Criminal Repression
Brodňan, Zdeněk ; Šámal, Pavel (advisor) ; Mulák, Jiří (referee)
This diploma thesis deals with one of the key principles of criminal law - the principle of subsidiarity of criminal repression. This principle, now expressly formulated in Section 12 Subsection 2 of the Criminal Code, is the subject of interest of both legal theory and application practice. The research tries to answer the questions whether the current enshrinement of the principle of subsidiarity of criminal repression in the Criminal Code is necessary, whether the wording used is appropriate and whether this principle of application practice is handled appropriately. The thesis is divided into two parts: The first one deals with the theoretical definition of the examined principle and the concepts related to it. In the second part, specific practical cases are presented, which affect the principle of subsidiarity of criminal repression, and the methods of solving these cases are then compared with the conclusions made in the theoretical part. In the theoretical part, we first proceeded to an analysis of the professional literature that deals with this topic. This analysis first focuses on the legal regulation, where the concepts and conceptions of the crime are examined according to the current regulation and according to the previous regulation. Attention is also paid to distinguishing between...
Consensual Ways of Processing Criminal Cases
Tesnerová, Tereza ; Mulák, Jiří (advisor) ; Vokoun, Rudolf (referee)
The topic of this thesis is consensual ways of processing criminal cases. In the introduction, the basic models of criminal justice are analyzed, specifically adversarial procedure coming from the Anglo-American legal culture and inquisitorial procedure by origin from the continental legal system. The text deals with their historical development, basic characteristics and distinguishing features. The essence of the chapter is the influence of the interweaving of elements of these systems on the basic principles of continental criminal procedure with an accent on the recent amendment of the Criminal Code No. 333/2020 Coll. The second part of the thesis is devoted to the agreement on guilt and punishment, guilty plea, undisputed facts and marginally also the criminal warrant. These are consensual ways of processing criminal cases that cannot be classified as a subset of diversions. This is mainly due to their condemning meritorious essence and purpose, which is primarily an effort to rationalize criminal justice, i.e. to speed it up and make it more efficient. The third part deals with diversions in the narrower sense, or traditional diversions, which are conditional discontinuance of criminal prosecution, conditional delaying of submission of a proposal for punishment, approval of settlement and...
Applying formal defense in the pre-trial phase of criminal proceedings
Štěpánek, Martin ; Vokoun, Rudolf (advisor) ; Mulák, Jiří (referee)
Applying formal defense in the pre-trial phase of criminal proceedings Abstract This rigorous thesis deals with the application of the formal defense in the pre-trial phase of prosecution. The thesis circumscribes the defense in the terms of the defense lawyer in the investigation phase, i.e. after the initiation of the prosecution, while the focus is apart from other things on the important and unneglectable instruments of the defense, particularly on the petition against the resolution of prosecution initiation, the inspection of the court file, also on the participation of the defense lawyer on the investigation, the evidence procurement by the defense lawyer, the study of the court file and the suggestion for completion of the investigation, and the suggestion for the preliminary discussion of the defense. The thesis also shows the peculiarities of the defense during the prosecution of the defendant in detention, while the emphasis in put on the defendant in detention defense execution itself with the focus on the personal visits in the detention center and the matter of demanding release from the detention and utilizing the measures substituting detention. The focus is also on the address of the defense lawyer, or more precisely on their professional limits in relation to the ethical prescriptions and...
The Role of Public Prosecutor in Criminal Proceedings
Čermák, David ; Mulák, Jiří (advisor) ; Beranová, Andrea (referee)
The Role of Public Prosecutor in Criminal Proceedings Abstract This diploma thesis on the topic of The Role of the Public Prosecutor in Criminal Proceedings identifies and presents the key parts of the regulation related to the position, role and tasks of the public prosecutor in criminal proceedings. Public prosecutors play an important and irreplaceable role in the system of criminal justice. It manifests itself to the full in particular in criminal preliminary proceedings, in which the public prosecutor exercises his supervisory powers over the procedure of the police authority and has a number of exclusive powers that enable him to effectively control and manage the course of this phase of the criminal proceedings. Furthermore, it is exclusively the public prosecutor who in the Czech Republic is authorized to initiate criminal proceedings before a court and to represent a public prosecution in it. The aim of the thesis is not only to bring closer the key parts of the regulation regarding the role of the public prosecutor in criminal proceedings, but also to critically analyze and place them in a wider context. It approaches individual topics and questions primarily conceptually and tries to use the inductive method to abstract from the specific regulation a conclusion about what role the representatives...

National Repository of Grey Literature : 89 records found   1 - 10nextend  jump to record:
Interested in being notified about new results for this query?
Subscribe to the RSS feed.