|
Educational Measures imposed on a juvenile offender
BURCAROVÁ, Božena
In 2004, Act No. 218/2003 Coll. came into force; it is an act on the liability for unlawful acts of juveniles and on judiciary concerning juveniles and amending some laws, called in a shortened form the "Act of Judiciary Concerning Juveniles". This act significantly modified the position of juvenile offenders and there was a change in approach to juvenile offenders. The law defined many new concepts, including the concept of educational, protective and criminal measures. It determined new forms of measures imposed on juvenile offenders. The objective of the new legislation is to prevent juvenile crime through educational measures, especially through the right actions and directing their future life and thus to support and ensure their proper upbringing. This thesis entitled ?Educational Measures imposed on a juvenile offender? deals with the cooperation of institutions entering the preparatory criminal proceedings for juvenile offenders in the former district of Český Krumlov. The thesis is divided into two parts. The first section entitled "Current status" deals with theoretical knowledge. I describe the various institutions and their functions in preparatory proceedings for juvenile offenders and individual educational measures, which may be imposed on a juvenile offender during preparatory criminal proceedings. The second part is devoted to processing the results of the research. The research objective of the thesis was to find out about the effects of individual institutions on juvenile offenders and their influence in imposing educational measures in preparatory criminal proceedings. From the carried-out interviews and analysis of documents, I summed up, in the chapter entitled "Results", the process of working with young offenders in imposing educational measures in individual institutions. It can be summed up that the largest share in imposing educational measures is in the Probation and Mediation Service of the Czech Republic, the centre in Český Krumlov. The other institutions only inform young offenders on the possibility of imposing educational measures only to the extent necessary, without further educational activities. This part of the thesis also discusses a possible procedure that is, in my view, preferable in dealing with juvenile crime offenders. This thesis can serve to the individual institutions involved in criminal proceedings concerning juvenile offenders as well as the general public.
|
|
Benefit of counsel in Czech criminal process
Martinek, Lukáš ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
This work systematically identifies and evaluates the right to defense in the Czech criminal proceedings. The angles, which are mutually complementary. First, in constitutional terms and the Criminal Procedure Code. The concept reflects the requirement for due process and fair trial. First it defines a general plane of the right to defense. The basic features and concepts. Also, the attributes of the content of the defense. Self-defined material and institute a formal defense. Emphasis is placed on the role of evidence in defense. The right to defense and its content, motivating considerations de lege ferenda in relation to the current applicable legislation. This is all in relation to the relevant international treaties.
|
|
Participants in civil proceedings
Rešovská, Radka ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
REŠOVSKÁ Radka: Participants of the civil proceedings. [Graduation theses] / Radka Rešovská - Charles University in Prague. Faculty of Law, Department of Civil Law. - Head of the Graduation theses: doc. JUDr. Alena Macková, Ph.D, Prague: PrF UK, 2011. The graduation theses deal with contemporary legal regulations of the civil proceeding participants. A big attention was dedicated to particular definitions of the participants within contentious and non-contentious proceedings. The presumptions are being analysed of which a certain person can become the participant in proceedings and the presumptions of which the participant in proceedings is legitimated to act on his/her own behalf in the trial. Object of theses are also different kinds of representation of the participants, i.e. representation at law, representation at judicial decision or representation under the power of attorney. A relevant part of theses is characteristics of the principle of equality which is reflected in status of participants of the civil proceedings and is a part of the right of due process. A body of the fundamental procedural rights and duties of participants is being presented which constitute the content of procedural relations realized by this way. Attention is concentrated on joinder of participants which are being...
|
|
The significance of the principle of publicity in criminal proceedings
Závodský, Ondřej ; Musil, Jan (advisor) ; Herczeg, Jiří (referee) ; Púry, František (referee)
Dissertation thesis titled "Significance of principle of public in criminal trial" deals with the principle of public in criminal procedure in the widest sense of the word. The thesis explains what is meant by this principle, what its functions are or what the consequences of its non-compliance by authorities acting in criminal procedure can be found. By the fact that this work mentions also the aspects of informing the public about criminal procedure as well as about possibilities of defence in case of non-compliance of mentioned principle by authorities acting in criminal procedure, it also interferes, besides criminal substantive and procedural law, in constitutional, press or protection of personality laws. The text of dissertation thesis is divided into nine chapters. In the introduction part the area of topics mentioned in following chapters is defined. In chapter titled "History of literature connected to the topic" there are important publications, articles from academic periodicals, as well as graduate theses which in the past somehow affected the chosen topic, mentioned. The third chapter summarizes development of legislation about publicity of criminal trial as well as some of the related aspects, from the beginning of the Czech statehood till present. Beginning with the fourth chapter...
|
| |
|
Arbitration proceedings in the Czech Republic
Vedralová, Jana ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The focus of this thesis is to analyse the most questionable and presently very discussed points at isme of the arbitration in the Czech Republic. The subject of this thesis is rather extensive, therefore not all aspects of the arbitral proceedings can be concerned. There has been a substantial advancement in arbitration, since Act No. 216/1994 Coll., On Arbitral Proceedings and On Execution of Arbitral Awards took effect. In this thesis I focused on the czech legal framework of arbitration, its imperfections and influence of judicature of the European Court of Justice on the interpretation of the czech law. Pursuant to the questionable facts mentioned above, and under the influence of the judicature of the European Court of Justice and czech court's judicature, the Arbitration Act should be amend. There should be changes especially at the articles concerning arbitrator, arbitration at consumer disputes, and the arbitration contract requirements. The arbitration is means of final and binding dispute rosolution which provides a suitable alternative for the judicial trial, especially at commercial disputes between undertakers - professionals.
|
|
The impact of neuoropretection on brain metabolism and cognitive function during carotid endarterectomy
Mraček, Jan ; Choc, Milan (advisor) ; Chytra, Ivan (referee) ; Náhlovský, Jiří (referee)
The impact of neuroprotection on brain metabolism and cognitive function during carotid endarterectomy Introduction: Neuroprotection is a strategy that works against the biochemical and molecular manifestations that lead to ischemic brain injury. The aim of neuroprotection is to protect the hypoperfused brain region through influence upon ischemic cascade and by reducing the progress of injurious reperfusion. The development of neuroprotection has been proceeding alongside a growing understanding of brain ischemia pathophysiology. In spite of the demonstrable effects of many agents in animal models, until now none of the tested neuroprotective agents have been shown to improve the outcome in a phase III clinical trial. Objectives: Primary objective of this study was to evaluate the impact of neuroprotection, administered before carotid endarterectomy, on brain metabolism and cognitive function. The potential influence of metabolic changes within the brain on clinical outcome was assessed. The secondary objective was to assess the satisfaction of patients with the type of anesthesia administered (general or local) and to consider the preference for general or local anesthesia during similar operations in the future. Methods: A total of 35 patients underwent carotid endarterectomy with prophylactic combine...
|
|
Access to an independent and impartial court as a fair trial guarantee under the European Convention on Human Rights
Tymofeyeva, Alla ; Hýbnerová, Stanislava (advisor) ; Hofmannová, Mahulena (referee) ; Jeřábková, Věra (referee)
Dissertation Abstract TYMOFEYEVA, A. Access to an independent and impartial court as a fair trial guarantee under the European Convention on Human Rights. Prague 2010. Dissertation thesis. Charles University in Prague. Law Faculty. International Law Department. Supervisor Doc. PhDr. Stanislava Hýbnerová, CSc. The paper discusses the right of access to an independent and impartial tribunal under the European Convention on Human Rights with a focus on compliance of legislation and judicial practice in Ukraine with the standards developed by the European Court of Human Rights in its case-law. In order to address this issue the first part contains an analysis of the term "right of access to a court" and its components. An analysis of the term "right of access to a court" in a sense of the European Convention shows, that it includes the following elements: 1) the right to institute the legal proceedings and, in certain cases, the right to appeal against a decision of an administrative body or a court; 2) the right to legal aid, including free legal assistance and exemption from the court's costs; 3) the right to hearing by an independent and impartial tribunal with full jurisdiction established by law; 4) the right to hearing and delivery of the court's decision within a reasonable time and 5) the right to...
|
|
The principle of fair criminal trial in the case-law of the European Court of Human Rights
Zelinka, Jan ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
One of the purposes of my thesis is to analyse a case-law of European Court of Human Rights in Strasbourg (Court). Another purpose of that is to describe an attitude of Court as to the interpretation of Article 6 of European Convention of Human Rights (Convention). Previously mentioned purposes lead to find the meanings of abstract term "Right to fair trial" or "Right to fair proceedings", that is widely applicable to all phases of criminal proceeding. The thesis is composed of three chapters, each of them dealing with different aspects of the right to fair trial in the meaning of Convention. Chapter One describes a state of Convention in the Czech Legal System. Chapter Two enlarges legal effects of Court 's judgements, that are binging on beneficiaries of Convention. Chapter Three is the principal part. That is subdivided into the rights guaranteed to ones under Articles of Convention and into such kind of rights that are implicitly found by Court in his case-law. There is also one chapter that is outstanding among these expressive and implicite rights. This chapter concerned with a conception of the fair proceedings as whole. Czech Legal System do not embody its meaning in any abstract act of state, so that it remains to tako place in case-law of Court. Conclusions contains abstract knowleges...
|
|
Expert Evidence
Coufalová, Jana ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The thesis called "Expert proofs" deals with one of the types of proper evidence which is applied in cases when an expert report is necessary to clarify facts important for criminal trial proceedings. Thesis is divided into 5 basic chapters. The first chapter is introductory and talks about some of the general problems of expert laws - evaluation of the current legal regulations of expert's function - expert law and expert ordinance, especially from the point of view of the changes that these legal regulations have undergone as well as the forthcoming changes in the form of updating of the current law and preparation of a brand new law. It also talks about definition of an expert, especially the difference between a witness and a consultant, then briefly about their rights and duties in the criminal trial proceedings in general. The second chapter deals with the presence of an expert explicitly in criminal trial proceedings and is divided into three parts. The first one provides basic information about admitting an expert and its form. The second one concerns the definition of an expert's assignment and the third one concerns preparation of an expert report, in which the expert familiarizes themselves with the criminal case. The third chapter deals with the actual output of an expert's investigation, its...
|
guest ::
