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The injured person and his/her procedural rights
Kovářová, Daniela ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The theme of the thesis is the injured person and his/her procedural rights. The thesis defines the injured person, deals with his/her status in criminal proceedings and analyses his/her procedural rights. The injured person's rights are distinguished depending upon the injured person's claim against the accused person for compensation for damage caused by the criminal offense. The injured person often figures in the status of witness in criminal proceedings and he or she may also have the status of the victim pursuant the Victims of Crime Act. Therefore, the thesis focuses on the injured person's procedural rights with regard to this specific status. In the thesis there is also delineated the issue of adhesion procedure in which the court decides the injured person's claim against the accused person for compensation for damage, non-material harm or obligation to return unjust enrichment. The thesis concurrently compares the Czech legal regulation to the foreign ones - France and Germany. The thesis is divided into six chapters.
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An Injured Party in Criminal Proceedings and his/her Protection
Menoušková, Karolína ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
1 Abstract An injured party in criminal proceedings and his/her protection This diploma thesis is focused on position of an injured party in criminal proceedings and his/her protection, which means rights, that are given to an injured. The thesis is divided into five chapters. It draws information from legal literature, legal articles, case law and other. The first chapter focuses on definition of an injured and his/her position in criminal proceedings. This chapter contains interpretation of sections dealing with definition of an injured person (§ 43 paragraphs 1 and 2, § 44 paragraph 1 and § 310a of the Criminal Procedure Code) and interpretation of related topics such as representation of an injured, payment of the costs of an injured, distinguishing between the terms injured party and victim and the position of an injured as an entity involved in criminal proceedings and the procedural party. Procedural rights of an injured are introduced in the second part of the thesis. They are divided into two groups according to whether they are given to all injured or only to those meeting requirements in section 43 paragraph 3 of the Criminal Procedure Code. There are short subchapters concerning two interesting issues - a prosecution with consent of an injured and a right to effective prosecution. Decision...
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An Injured Person and a Victim in Criminal Proceedings
Wagnerová, Gabriela ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The main aim of my thesis is to present an analysis of the effective legislation of the victim and the victim of the crime, its evaluation, finding weaknesses and outline plans de lege ferenda aspects. The doctoral thesis is divided into four compact sections. In the first section my focus is on the procedural status of the victims as parties to the criminal proceedings, next is presented the brief historical development of its rules, definitions and certain rights (the right to be informed, the right to protection and the right to be a party to criminal proceedings). The analysis of the procedural status is discussed in relation with the new legislation on crime victims. This amendment brought quite large changes of the Criminal Procedure Code as well. The focus here is also on the rights of the victims who are entitled to compensation. Then I comprehensively describe the possible ways how the victims of the criminal proceedings may claim the indemnity. In the last chapter of this section I did not forget to outline some of the shortcomings of the current legislation and some proposals of the de lege ferenda aspects. The second section of the thesis deals with the difference between the damaged party and the victim. It summarizes the most important milestones in the history of the legislation on...
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The injured party and the victim in the criminal procedure
Malátková, Tereza ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The presented thesis addresses the issues of the position of an injured party and a victim in Czech criminal procedure, including procedural rights they are granted by the Czech Criminal Procedure Code and currently also by Act No. 45/2013 Sb., on Victims of Crime. The purpose of this work is to analyze in detail this legal regulation in force, including its impact on applicatory practice of the state authorities involved in criminal procedure with emphasis on its application within the state prosecution service. The aim of the thesis is to provide the detailed analysis of the regulation in force in relation to the injured party as well as a victim of crime, provide its critical evaluation, find its flaws and outline de lege ferenda suggestions. The work is concerned with two extensive thematic topics, i.e. the injured party and his/her procedural rights and then a victim of crime, to which the work structure of seven chapters corresponds. Each chapter deals with a different aspect of the injured party and victim participation in criminal procedure, the first chapter describing the development tendencies and changes the procedural regulation underwent in the past just in relation to the injured party. The second chapter focuses on the technical terms issues related to the legal definition of the...
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The injured party in criminal procedure and his/her protection
Solil, Martin ; Císařová, Dagmar (advisor) ; Vokoun, Rudolf (referee)
The injured party and his/her protection in criminal proceedings The presented thesis deals with the protection of an injured party in criminal proceedings as a whole, in particular with regard to his/her position as a party in the criminal proceedings, and to his/her procedural rights in accordance with the Rules of Criminal Procedure. The aim of this thesis is complex analysis of the position of an injured party in the Czech legal order with focus on differentiation of the concept an injured party (as the party of criminal process) and the concept a victim of an offence, as a person whose rights were violated in certain manner. The thesis is composed of five main chapters, each of them dealing with different aspect of the injured party involvement in criminal procedure. The first chapter contains thorough analysis of the concept an injured party, as is defined in the provision of Section 43 of the Rules of Criminal Procedure. At the same time, there is incorporated the analysis of limitation or exclusion of participation of an injured in criminal proceedings. Thereafter, the conclusion of this chapter is dedicated to the mentioned differentiation of the concepts an injured and a victim, in particular in the light of the new law on victims of crime. In the second chapter the author addresses...
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The injured party in criminal procedure and his/her protection
Kadlčíková, Eva ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The injured party in criminal procedure and his/her protection The purpose of my thesis is to analyse position of the injured party and his/her rights in Czech criminal procedure and to highlight changes which will be brought to rights of injured party by The Victim of Crime Act. This thesis is divided into five chapters. The first chapter briefly introduces the historical evolution of legal regulation of the injured party position in criminal procedure in the territory of the current Czech Republic. Next chapter is concerned with the term "injured party" in the current legal regulation. This part of thesis is especially focused on the need to differentiate between the terms "the injured party" and "victim of crime". The third chapter contains a crucial part of my thesis - it deals with the injured party position in criminal procedure and his/her rights. The chapter is composed of six subchapters. The first subchapter addresses the issue of general interpretation of procedural position of injured party in the Czech Criminal Procedure Code. Next subchapter shifts the focus to two categories of injured parties in criminal proceedings (the first category is the party of adhesion procedure with special rights, the other one is not). The third subchapter describes the procedural rights which are granted...
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Victim in criminal proceedings and his/her protection
VLČKOVÁ, Simona
The aim of my Bachelor´s Degrese dissertation is to clarify the notion of the offended party in criminal proceedings, to summarise its process rights and to point out some facts related to int and to propose supplements or amendments to the legal regulativ in order to strengthen the offended party´s position. The introductory part of the work defines the term sof criminal proceedings, subjects, the parties in the proceedings and the offended party. The following section of the work deals with the offended party being represented by the solicitor and details the institute of joint solicitor. I devote a separate section to the victim of a crime act and his or her compensation as per the current legal regulation. The main part of the work deals with the offended party´s process rights in the criminal proceedings and divides them into rights pertaining to all offended parties and to the rights pertaining to those offended parties who are entitled to claim compensation for damage. I also focus on the institute of criminal prosecution with the offended party´s consent. The concluding section of the theoretical part deals with hne adhesion proceedings. The following part of the work presents my research whose purpose was to find whether the offended parties´ rights are sufficiently described in the legal order. I selected a qualitative research method, namely semi-structured interview. I asked selected experts six questions aubot the offended parties´process rights and thein application in practice. The conclusion of this part contains my proposals for modifications or amendments of certain process rights, which, as I believe, are missing in the current legal regulation. The work also features appendices: speciments of forms which bodls active in the criminal proceedings use in thein everyday practice.
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