National Repository of Grey Literature 367 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Collateral proceedings
Vincík, David ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The presented thesis focuses on the topic of adhesive proceedings, ie on a specific part of criminal proceedings, in which the court decides on damages, non-material damage or the issuance of unjust enrichment. It is these negative consequences that may, and in many cases do, result from the commission of crime. This topic is therefore strongly related to the person of the injured party, as the injured party is entitled to damages, non-pecuniary damage and the issue of unjust enrichment, and it is the injured parties who assert these claims in the adhesive proceedings. Therefore, in its introductory part, the thesis deals with the injured party and their individual rights, especially the right of the injured party to claim damages in general. It further clarifies the difference between the injured party and the victim and also deals with the position of the injured party and the victim in international and European law. The next part of the thesis is completely focused on the issue of adhesive proceedings, notably on its importance and specifics, which clarifies some differences from the form of criminal proceedings, and also on subjects of adhesive proceedings, where it deals with both natural persons and legal entities. Furthermore, the thesis deals with particular substantive claims that can be...
The Role of the Public Prosecutor in the Court Criminal Proceedings
Klejchová, Barbora ; Vokoun, Rudolf (advisor) ; Šelleng, Dalibor (referee)
The topic of this thesis is The Role of the Public Prosecutor in the Court Criminal Proceedings. Its purpose is to characterize the current legislation, processes in the public prosecutor's office, and the role of the public prosecutor in the phase of court proceedings. The aim is to analyze the current legislation, evaluate, and propose possible solutions for the adoption of new legislation. I chose this topic mainly thanks to my interest in criminal procedural law and the issue of public prosecutors in general. Given the ongoing preparation of the new Criminal Procedure Code and the current efforts to adopt a new law on the Public Prosecutor's Office, I believe that this is currently important topic. The thesis is divided into five major chapters. The first chapter is focused on the development of the public prosecutor's office in the Czech lands from 1437 to the period after 1989. The subchapters are organized by important milestones in the Czech history. The second chapter contains the legal regulation of the Public Prosecutor's Office in the Czech Republic, but also the organization of the Public Prosecutor's Office. The second chapter is dedicated to the position of the public prosecutor, their rights and obligations. I list the competences of the Public Prosecutor's Office and mention...
Exceeding the private defence and exigency limits in light of case law
Vachková, Adéla ; Vokoun, Rudolf (advisor) ; Pelc, Vladimír (referee)
This rigorous thesis deals with the topic of self-defence and exigency, which belong to circumstances precluding wrongfulness, and the exceeding of their limits. The consequence of the circumstances precluding wrongfulness is the fact that no criminal offence is committed and the criminal liability of the offender does not occur at all. Legal usage of these criminal law institutes needs to follow certain limits, which the Criminal Code provides for the individual circumstances precluding wrongfulness to prevent from any misuse of these circumstances. The criminal liability of the offender depends on compliance with these limits. The main aim of my thesis is to introduce the comprehensive legislation of self- defence and exigency, focusing on their limits and exceeding of these limits, to assess the positives and negatives accompanying current legislation, and to point out the specifics, imperfections and ambiguities of interpretation of current legislation, also in the light of the case law. The thesis is structured into the accompanying four parts. The opening part is concerned with circumstances precluding wrongfulness in broader context, I provide their basic definition, explain their main purpose, point out their importance in our criminal law, mention their procedural consequences and briefly...
The Imposition of Unconditional Imprisonment and Related Matters
Bělohlávková, Eva ; Vokoun, Rudolf (advisor) ; Heranová, Simona (referee)
The Imposition of Unconditional Imprisonment and Related Matters Abstract This rigorous thesis deals with selected aspects of the imposition of unconditional imprisonment. This punishment is universal, subsidiary and generally the most severe punishment that can currently be imposed in the Czech Republic. It is executed in two types of prisons: prisons with security and prisons with high security. In this rigorous thesis, attention is drawn to problematic issues related to the imposition of unconditional imprisonment encountered in practice, which arise from certain inherent imperfections in the legislation. Apart from the theoretical concept of imprisonment itself, the work examines the institutes of exceptional reduction and exceptional increase of imprisonment, as well as the decision-making process for executing unconditional imprisonment. As regards systematization, the goals and structure of this thesis are set out in more detail in the introduction. The thesis is divided into three main parts, which progressively examine imprisonment, how it is imposed and the decision-making process, including related problems. In the chapters and subchapters of the first part, the concept of imprisonment, its position among other criminal sanctions, its philosophical background, purpose and functions are addressed....
Agreement on Gulit and Punishment
Soukup, Jan ; Vokoun, Rudolf (advisor) ; Mulák, Jiří (referee)
Agreement on guilt and punishment Abstract This rigorous thesis deals with the controversial institution of plea bargaining due to its topicality, as it has recently been amended. This institute was first introduced into the Czech legal system under Act No. 193/2012 Coll., which amended the Criminal Procedure Code. The institute was amended last year, for the first time since its existence, and the bulk of this thesis deals with the amendment itself. The thesis is divided into four chapters. The first chapter focuses on the historical development of the institution of the plea bargain. It Geuses not only on the Czech legislation, but gives also a brief introduction into foreign development, specifically from cocclusion of the supposed first agreement to the end of the 20th century. The foreign development is divided into the continental and Anglo-American legal system, where the emphasis is mainly on the historical development in the United States of America, where this institute is also the mudt established and used in more than 90% of cases, as one of the solutions to a court dispute. The second chapter focuses on the actual arguments for and against the introduction of the institution of plea bargaining. These arguments include mainly the opinions of experts and professionals from both and the Czech...
Euthanasia
Havlová, Kamila ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The aim of my thesis is to unify the total view of the issue of euthanasia and assisted suicide with an emphasis on the criminal law. I am not trying to concluded whether legalize euthanasia in the Czech legal system or not, I just would like to outline the posibilities of the legal regulation in the Czech Republic in the future, after providing the analysis of the countries where euthanasia has happened legal in the last few years. My thesis is divided into eight chapters. At the beginning I try to give a detailed description of the substance of euthanasia and other related terms as assisted suicide, do not resuscitate and then I state usual forms and divisions of euthanasia. Then I deal with the history of euthanasia in the world because for understanding and clarification it is necessary. The next chapter is already about euthanasia in Czech Republic, where euthanasia has never been legalised but there were some efforts in some forms to do that. In this part I deal with a legal qualification of killing on request and assisted suicide de lege lata and de lege ferenda. I also mention the opinions of the opponents and the protagonists of the question of euthanasia. The next chapter deals with a quality of paliative care as one the arguments against euthanasia. It is impossible to omit the medical...
Circumstances excluding Criminal Liability with a focus on the Impunity of the Agent
Makkiehová, Sandra ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Circumstances excluding Criminal Liability with a focus on the Impunity of the Agent Abstract The Thesis adresses Circumstances excluding Criminal Liability with a focus on the Impunity of the Agent. The aim of the Thesis was to evaluate current Legislation and to define the limits of Circumstances excluding Criminal Liability Excesses. The next objective was to determine the appropriateness of the Impunity of the Agent and its legislation. The Thesis firstly analyzed the historical legal developments of Circumstances excluding Criminal Liability in Czech countries in order to attain the above mentioned objectives. The historical development is followed by the discussion of the Circumstances excluding Criminal Liability, their general legislation and theoretical foundations, the reasons for adopting their legislation, also the errors of law and of fact. Next chapters are devoted to specific Cirmustances of excluding Criminal Liability, starting from the Necessity, Self - Defence, Consent, Permissible Risk and Lawful use of Firearms. The Circumstances excluding Criminal Liability were analyzed in their statutory legislation by using Academic Literature and mainly the case - law, which clarified some vague rules and limits of the Circumstances excluding Criminal Liability. The third part of the Thesis...
Usury
Havelec, Tomáš ; Vokoun, Rudolf (referee)
The thesis will begin with usury as a historical phenomenon and briefly explains its historical genesis from the antiquity to a modern age. Then shortly deals with usury as an institute of the civil law, wherefrom continuously moves on to its core, which is usury in norms of criminal law. Thesis includes a chapter that focuses on procedure law norms, which are associated with usury. Next, the thesis describes usury in two foreign criminal codes - German and Slovak and compares it with the Czech one. Thesis does not forget on usury as a social pathological phenomenon. At the end, the thesis summarizes knowledge about usury and comments on the potential considerations de lege ferenda.
Culpability in Criminal Law
Zimmerová, Petra ; Vokoun, Rudolf (referee)
Culpability in Criminal Law Abstract The topic of the thesis is culpability in criminal law. Culpability is understood as a state of offender's mind in relation to circumstances which establish an offence. Culpability is a fundamental institute of criminal law because there is no offence without fault. The thesis is divided into eight parts including the introduction and the conclusion. Culpability is a mandatory attribute of a subjective aspect of a criminal offence which, together with other elements, creates a body of crime. Therefore the remaining conditions of criminal liability are described in the first part of the thesis, followed by different attributes of a subjective aspect of an offence called a motive and an aim. The second part of the thesis is dedicated to the substance of culpability including the principle of liability for fault. Furthermore components of culpability, its content, intensity and construction of culpability in bodies of crimes are discussed as well as other possible concepts of culpability whereas the concept of culpability which is based on two forms applies in Czech Republic. The second part concludes with the issue of evidence of culpability and explanation about intention as a necessary prerequisite of indirect perpetration, complicity and participation. The third part of...
Significance of Victimology for the Crime Prevention
Havaš, Marko ; Vokoun, Rudolf (referee)
The aim of this thesis is to provide an information about victimology, especially in terms of a science regarding the victims of crime and means to help them, as well as to show how the knowledge provided by this science can be practically used to prevent crime. The thesis consists of introduction, conclusion and 6 chapters. The first chapter briefly introduces the concept of criminality, as well as the basic characteristics of the extent, structure, intensity and dynamics of criminality. It also deals with the role of criminology in relation to the research of crime and it mentions the differences between real and latent crime. The second chapter provides a comprehensive interpretation of crime prevention. First, it is anchored in the system of crime control, and then the concepts of object and subject of crime prevention are introduced. The chapter also presents the models of crime prevention, where two important ways of division are elaborated upon - the division into primary, secondary and tertiary prevention, and the division into social, situational and victimological prevention. Finally, the chapter outlines the limits of crime prevention and it also includes consideration of the role of crime prevention in the contemporary world. The third chapter presents victimology as a science, introduces its...

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