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Settlement in criminal proceedings
Diviš, Marek ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
This diploma thesis focuses on the institute of settlement in Czech criminal proceedings. This type of diversion, which was introduced into Czech law in 1995 as only the second alternative method of settling a case, reflects to the highest extent the elements of restorative justice. Not only does it place the greatest emphasis on the position of the damaged party throughout the proceedings compared to other diversions, where, for example, his consent to the settlement procedure or consent to the resulting form of the settlement is required, but at the same time it allows for an attempt to reconcile the relationships disturbed by the commission of the crime to the full extent, mainly thanks to the personal (and often moderated) negotiations that take place between the accused and the damaged party. It also presents a number of advantages for the defendant over other diversions or standard proceedings. It allows him to avoid a court pronouncement of punishment and guilt, and at the same time, in the event of a favorable settlement decision, to have the prosecution for his offence immediately discontinued. The main part of my diploma thesis first discusses the various conditions that must be met in order to benefit from a settlement, including a critical look at them. Although it might seem that,...
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Unconditional imprisonment
Hrtko, Igor ; Tlapák Navrátilová, Jana (advisor) ; Vokoun, Rudolf (referee)
Unconditional imprisonment Abstract This diploma thesis deals with unconditional imprisonment, a topic that has been discussed in the field of criminal law for a long time. Unconditional imprisonment represents the most serious interference with human rights and freedoms that can be legally imposed in the Czech legal sphere. At the same time unconditional imprisonment has a subsidiary nature, which means it can only be imposed as a punishment of last resort. As it is shown in practice, unconditional imprisonment is imposed very often in the Czech Republic, therefore the goal of this thesis is to provide a comprehensive summary of the given issue, including the identification of its problems alongside with providing suggestions of possible solutions. The thesis is divided into five chapters, which gradually in complex fashion analyze the concept of unconditional imprisonment from both theoretical and practical point of view with the goal of providing a complete overview of the given issue. Theoretical basis of unconditional imprisonment is explained at the beginning of the thesis. That includes explanation of the term itself, its history, and the theories of punishment. Later in the thesis, the legislation regarding unconditional imprisonment is analyzed, which includes the domestic legislation as well as...
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The crime of theft according to section 205 of the Czech Criminal Code
Ilek, Jan ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The crime of theft according to section 205 of the Czech Criminal Code Abstract In this thesis, the author deals with the crime of theft according to § 205 of the Czech Criminal Code as one of the most frequently committed crimes. The aim of the thesis is not only to describe the legal regulation of the crime of theft in Czech law but also to describe the legal regulation of this criminal offense in the French legal system and subsequently to compare these two legal regulations. In the first chapter, there is a historical overview of the development of criminal law, where the author focuses on the period of Roman law and then on the development in the Czech lands from the middle of the 19th century to the present day, where, among other things, he compares the then and current law. In the second chapter, readers will find the current legal regulation of the crime of theft according to the Czech Criminal Code. The basic and qualified facts are analyzed here, including the addition of relevant case law. Special attention is paid to current changes in the limits of the amount of damage, and at the end of the chapter, there is a brief overview of the relevant statistical data. The third chapter contains an analysis of the legal regulation of the crime of theft in French law. First, the system of French sources...
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Extraordinary Appeal in Criminal Proceedings
Machyánová, Kristýna ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Extraordinary Appeal in Criminal Proceedings Abstract This diploma thesis focuses on a comprehensive analysis of the legal regulation of extraordinary appeal, as one of the extraordinary remedies in criminal proceedings, which was introduced into Czech law with effect from 1 January 2002 by Act No. 265/2001 Sb. At first it focuses on general explanations of the appeal procedure, remedies and specific principles governing the appeal procedure, followed by historical overview of the development of extraordinary remedies. Then the diploma thesis deals with the institute of extraordinary appeal itself, namely, for a better understanding, at first in terms of general interpretations of the extraordinary appeal, and then analyses the individual issues. The main part of the diploma theses is devoted to applicable grounds for the extraordinary appeal, the interpretation of which considers the rich case law of the Supreme Court and the Constitutional Court, especially with regard to the ground of appeal under Section 265b (1) (h) al). The interpretive development of this provision, accompanied by contradictions between the Supreme Court and the Constitutional Court, which are sometimes referred to journalistically as a "war of the courts", was of fundamental importance for the introduction of a new ground of appeal...
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Imposing Punishments in Czech and Polish Legislations
Pustówka, Urszula ; Vokoun, Rudolf (referee)
Imposing Punishments in Czech and Polish Legislations Abstract The comparison of the legal systems of individual states is an important source of inspiration for the further development of legislation. In my work I compare the legal regulation of punishments in the Czech Republic and in Poland, namely those of them which both Czech and Polish legal systems refer to as punishments. These are Czech fines, community service, imprisonment, and an exceptional sentence together with their Polish equivalents. The aim of the thesis is to find inspiration and stimuli for de lege ferenda considerations for further development of Czech criminal law by comparing Czech and Polish regulation of punishments, as well as the types of punishments most often imposed by courts in both countries. In the first part of the work I deal with the systems of criminal sanctions in both states in order to introduce the context for the subsequently analysed punishments. Furthermore, each part is devoted to one type of punishment and a comparison of its regulation in the Czech Republic and Poland. The second part is devoted to the Czech fine and the Polish sentence of grzywna, the third part to the Czech community service and the Polish sentence of imprisonment, the fourth part is related to the regulation of imprisonment, and the fifth...
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Contentious issues of necessary defence in judicial practise
Gilar, Viktor ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Disputable questions of necessary defence in judicial practice Abstract This diploma thesis deals with disputable questions of necessary defence in judicial practice. The first part of the diploma thesis focuses more closely on the theoretical concept of necessary defence, as a circumstance excluding illegality, when it has been found out that the necessary conditions of the necessary defence are the existence of an ongoing or imminent attack, which must be directed against an interest protected by criminal law, while the attack must be unlawful and genuine, when the defence must not be quite manifestly unreasonable. There are cases of deviating from the limits of necessary defence, which are called excess intensive or excess extensive, described here as well. The second part of this diploma thesis deals with the importance of judicial practice in criminal law and individual selected disputable questions in the necessary defence solved in judicial practice. There are individual samples of court decisions, in the "casebook" style, where an individual case is always described, both factually and legally, containing legal sentences as well as important, practical and interesting extracts from court decisions. Among the resolved disputed questions are the question of the subsidiarity of necessary defence, the...
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Recognition and enforcement of decisions of Member States and forwarding decisions to other Member States
Přindiš, Petr ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Recognition and enforcement of decisions of Member States and forwarding decisions to other Member States ABSTRACT This thesis deals with international judicial cooperation in criminal matters, specifically the judicial cooperation of the Member States of the European Union. In the first chapter, it deals with the purpose and basis of legislation, historical development of European cooperation. It also describes the specific entities acting in the field of international judicial cooperation at European and national level, and also names the reasons why cooperation between Member States in criminal matters is necessary and sets out the European Parliament's intentions to further enhance the cooperation between Member States. The second chapter focuses on the mutual recognition and enforcement of decisions of another Member State imposing financial penalties, the legal basis of which is the Council Framework Decision 2005/214/JHA, which was implemented into the national law by Part Five, Chapter VI of Act No. 104. / 2013 Coll., On international judicial cooperation in criminal matters. Special attention is given to the grounds for non-recognition of decisions of other Member States; their further analysis points out individual application problems that lead or have led to non- recognition of such decisions in...
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The Crime of Dangerous Threatening under Section 353 of the Criminal Code
Čivrný, Vojtěch ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
1 Abstract The Crime of Dangerous Threatening under Section 353 of the Criminal Code This thesis is focused on the crime of dangerous threatening according to section 353 of Act No. 40/2009 Coll., Criminal Code. The aim of this work is to comprehensively evaluate and analyze the historical and current legal regulation of the crime of dangerous threatening and to reflect on the considerations de lege ferenda. The thesis is divided into three chapters. The first chapter deals with the historical development of the social phenomenon of dangerous threatening and its criminalization on the territory of today's Czech Republic. In particular, the period from the adoption of the Criminal Code in 1852 to the current legislation regulated by the Criminal Code of 2009 is mapped in detail. The second chapter is devoted to the current regulation of the crime of dangerous threatening, especially to the obligatory and facultative elements of the actus reus of this crime. Special attention is then given to the imprecise legal concept of reasonable fear, the real content of which is clarified with the help of relevant case-law. Furthermore, this chapter contains an analysis of individual types of sanctions that can be imposed or certain statistical data. The third chapter is reserved for comparation. In its first...
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Restrictions on personal freedom in theory and practice
Pouska, Tomáš ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
1 Restrictions on personal freedom in theory and practice Abstract The subject of this rigorous thesis is the connection of the theoretical and practical concept of permissible interference with the personal freedom of an individual in criminal proceedings, with an emphasis on the protection of the fundamental rights and freedoms of the person concerned. The basis of the thesis is the description and more detailed definition of some specific institutes of criminal law, in the form of detention, arrest, detention and imprisonment, which seriously interfere with personal freedom and are directly connected with the imprisonment of persons. The rigorous thesis compares and analyzes the legal embedding of the above- mentioned criminal law instruments at the national and international level with their application in real life practice and points out some fundamental differences that occur when they are used by law enforcement authorities. Attention is primarily paid to the degree of compliance with the guarantees of permissible interference with personal freedom by public authorities, the legitimacy of individual interference and also their adequacy and proportionality in relation to the goal pursued by these means. The rigorous work examines whether these criminal law institutes are applied rationally, whether...
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The institute of allowable risk with focus on the area of health care
Vojtěchová, Eliška ; Vokoun, Rudolf (advisor) ; Richter, Martin (referee)
The institute of allowable risk with focus on the area of health care Abstract The topic of this thesis is the institute of allowable risk in health care, i.e. one of the expressly stated circumstances excluding unlawfullness in the Czech Criminal Code. At first, this thesis deals in general with the definition of unlawfullness, with expressly stated circumstances excluding unlawfullness in the Criminal Code in its general and special part and subsequently with circumstances excluding unlawfullness not expressly stated. In the next part, this thesis contains the international and constitutional law basis for the right for life and health, untouchability of a person and scientific research liberty. Third main part of this thesis is devoted to a detailed study of allowable risk in the area of health care. At first, attention is given to positive description of allowable risk, i.e. benefit for the society, definition of risk, exercise in the course of employment or post, subsidiarity of risky conduct and term achieved state of knowledge - term and advancement de lege artis. After positive characteristics, description of negative characteristics of allowable risk follows, i.e. of free and informed consent and its absence, proportionality principle, contradiction with a legal regulation, public interest,...
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