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Diversion in criminal procedure
Vlček, Vratislav ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This thesis deals with the institute of the diversion in the czech criminal procedure law. The introduction of the thesis is devoted to the conception of the diversion in general and to the position of the diversion in the czech criminal law. It also explains particulars of the subject and extend of the evidence concerning the diversion. Then it analyses the specific forms of the diversion in czech criminal procedure. Special chapter deals with the possibilities of aplication of diversion in the procedure conducted against the juveniles. Each form of the diversion is compared with the relevant international legal documents. Frequency and representation of specific forms of the diversion according to the statistic numbers are also not left out of consideration. The advisability and the correctness of specific forms of the diversion in czech criminal procedur is viewed too. In the conclusion of the whole thesis contains the reasoning de lege ferenda and offers solutions for more effective use of the diversion.
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Conditional discontinuance of criminal prosecution
Nacházel, Vojtěch ; Šámal, Pavel (advisor) ; Gřivna, Tomáš (referee)
This diploma thesis focuses on issues connected with conditional discontinuation of criminal prosecution. This concept enables to temporarily suspend criminal prosecution with the provision that if the accused complies with certain set conditions during a certain probation period, the criminal prosecution will be discontinued with final effect. This paper chiefly aims to analyse in detail the conditions required by the Code of Criminal Procedure for the application of conditional discontinuation of criminal prosecution. The paper also presents a brief analysis of the conditions required for other diversions of criminal proceedings permitted under Czech laws. This diploma thesis consists of the introduction, five individual chapters, of which the third and fourth are further divided into subchapters, and the conclusion. The first chapter deals with the concept of restorative justice, which serves as the ideological basis for procedural diversions. An analysis of its individual values, principles and ideas is presented. The first chapter also includes an outline of the programmes under which restorative justice is being developed. The conclusion of this chapter contains the author's thoughts concerning the individual programmes and their implementation in the Czech legislation. The second chapter...
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Plea bargain: comparison of Czech and German regulation
Sakařová, Michaela ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This master's thesis deals with the institute of agreement process that originates in anglo-american plea bargain, which has been implemented in many criminal proceedings within the countries of continental Europe. Civil law based countries are using agreements in different forms during their criminal proceedings as an alternative to common trials. Its purpose is to make them faster and more simple. Every agreement is different from each other, but one common element is that accused person pleads guilty of crimes he/she is being prosecuted for and also that the authorities involved in given criminal proceeding are willing to make concession in punishment of the prosecuted. Even though this type of solution to overburdened authorities active in criminal proceedings seems to be quite positive, there are some critics that find this method in conflict with some basic principals of continental criminal proceeding. This thesis introduces the agreement process in general view, briefly examines its origins and focuses mainly on its legislation in the Czech Republic and Germany. Legislative force in the Czech Republic implemented the agreement on guilt and punishment into criminal proceedings by an amendment of Criminal Procedure Code No. 193/2012 Sb. as a completely new diversion, respectively as special...
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Temporary postponement of criminal procedure
Pojezný, Marek ; Šelleng, Dalibor (advisor) ; Krupička, Jiří (referee)
Temporary postponement of criminal procedure Abstract The diploma thesis deals with the procedural institute of temporary postponement of criminal procedure. This procedural instrument is one of few exceptions from the principal of legality, which is the topic of the first chapter. The following chapter introduces historical development as this institute is quite new in the Czech criminal law. The following chapter focuses on current regulation of this institute, which can be applied in various situations. There is also a description of specific institute of temporary postponement in this chapter, which is connected to the institute of not pressing the charges against the suspect. This institute brings some problematic aspects for application, which are analysed with a purpose of finding a solution. The following chapter deals with diversions in criminal procedure including the characteristics of this category with each one being briefly described. The practical part of the thesis is dedicated to comparison between temporary postponement and diversions in criminal procedure, based on the definitions and characteristics. The goal of this thesis is to analyze temporary postponement of criminal procedure and compare it with similar procedural instruments to find out, if it can be described as a diversion in...
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Conditional discontinuance of criminal prosecution
Žďánský, Michal ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Conditional discontinuance of criminal prosecution is a method for alternative dispute resolution of criminal cases, also labelled "diversions" by the professional public. It is a criminal procedural measure allowed to be used for case settlement by the court and at the pre-trial stage by the public prosecutor on conditions laid down in the Criminal Code. If the accused committed minor offence and afterwards pleaded guilty; compensated for damages; returned unjust enrichment, or concluded a contract to compensate for damages or to return the unjust enrichment; or he has taken other necessary measures to do so, the determining authority can - with consideration of the accused's character - thereafter decide to conditionally discontinue criminal prosecution. If the accused has committed a serious offense, the public prosecutor or the court may take such decision only if the accused fulfills additional and stricter condition. That is, a probationary period must be determined in the resolution phase, obligating the accused to behave in an orderly way for its duration. If this condition is met, the determining authority will rule that the accused proved himself and then subsequently discontinue criminal prosecution. Otherwise, prosecution will continue, which can potentially lead to indictment and...
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BMW Multilink Suspension
Zicha, Tomáš ; Hejtmánek, Petr (referee) ; Blaťák, Ondřej (advisor)
This bachelor's thesis deals with a recherche of modern types of suspension for passenger cars with emphasis on multi-link suspension and structural design of the lower arm of the rear axle for the BMW 3series generation E46, allowing a change of camber beyond the limits of standard arm.
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Juvenile criminal proceedings
Sakařová, Michaela ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
This thesis deals with juvenile justice and focuses mainly on procedural issues of punishment of juvenile criminality, which considerably differs from punishment of adult offenders. The need for specific treatment of youth comes from experience with mental development of adolescents which is not fully finished at their age, and that is why we need to approach them carefully as they need greater care and protection. A number of international documents also call for a more prudent approach to juvenile offenders. Juvenile criminal law presents the sum of deviations from the general arrangement that can be used only in relation to juvenile delinquents and whose aim is to protect them against criminal future and guide them into finding suitable social position. Czech Republic regulates juvenile criminal liability, its sanctioning and procedures of solution to criminality by Juvenile Justice Act No. 218/2003 Coll. This Act divides the youth into not criminally liable children under the age of fifteen and criminally liable juveniles in the age between fifteen and eighteen. Criminal proceedings against juveniles and proceedings for unlawful action committed by children under the age of fifteen differ from each other, but also differ from criminal proceedings as covered by the Code of Criminal Procedure....
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Agreement on guilt and punishment
Šimek, Jaromír ; Pelc, Vladimír (referee)
This master's thesis focuses on the subject-matter of agreement on guilt and punishment. It became a part of Czech Criminal Procedure Code by the enactment of Act no. 193/2012 Coll. The plea bargaining, which is widely spread and used in common law countries, served as an inspiration. It should have primarily enhanced the efficiency and speed of the criminal proceedings. It is a type of diversion which is based on a negotiation between the prosecutor and the defendant. The defendant may plea guilty and require a milder punishment in reverse, comparing to a punishment which would have been imposed if a trial took place. The conducted agreement on guilt and punishment has to be subsequently approved by the judge in a form of the approval judgement. The thesis is divided into four chapters. The first one deals with other alternative ways, by which criminal cases may be solved. The influence and potential disruption of basic principles of the criminal procedure caused by the incorporation of agreement on guilt and punishment, is described as well. A short section is dedicated to previous legislative efforts of incorporation the agreement on guilt and punishment into the Czech legal system. The second chapter outlines the contemporary legal regulation of the agreement of guilt and punishment in the...
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Settlement in criminal proceedings
Marcinik, Adam ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Settlement in Criminal Proceedings - Abstract The purpose of my thesis is to analyze specifically one type of diversion in criminal proceedings - settlement. Part of this thesis also explains alternative measures and diversions in general. The reason for my research is finding that settlement in criminal proceedings has currently limited use, for example in comparison with conditional suspension of criminal prosecution. For this reason, the thesis attempts to identify reasons for this limited use of settlement and submits proposals of regulation that would increase number of settlements. Further goal of the paper is the attempt to define the role of the settlement in the Czech Criminal Law, the evolution of this diversion, the benefit of this diversion and also the problems of current legislation. The thesis is composed of five chapters, each of them dealing with different aspects of diversions, especially the settlement. Chapter One is introductory and is dedicated to alternative measures and general topics, such as principles of restorative justice and its historical development. Chapter Two examines diversions in criminal proceedings and takes care of specific aspects of this legislation. The rest of the thesis explores settlement. Chapter Three investigates the fundamental characteristics of settlement....
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