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Legal capacity of minors in Czech and German law
Kočárková, Marta ; Dvořák, Jan (advisor) ; Elischer, David (referee)
This thesis is focused on legal capacity of minors. The main issue is an extent and circumstances under which minors are legally incapacitated to oblige themselves and to influence their own legal relationships. The thesis is divided into four main parts. The first part is focused on general definition of legal capacity and the basic concepts of dealing with limited legal capacity. Second part is dealing with evolution of legal capacity from the foundations set by roman law, it's development on Czech territory to the approval of recent civil code and development in Germany. Third part contains an interpretation of German legislation. I pursue the German legislation first because it is very sophisticated and provides us with plenty of vantage points on different aspects of the Czech legislation. The part dedicated to the German legislation subdivided into two chapters, where the first one focuses on general characteristics of the legislation and the principle of graduated legal capacity of minors and the second part deals with minors without legal capacity and minors with limited legal capacity. In the fourth part the Czech legislation is analyzed. First I focus on consideration of minors' capability to act independently with legal effects, then on evaluation of nature of legal acts, representation...
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A minor as debtor in proceedings to enforce judgment (by judicial officers or private enforcement agents)
Procházková, Michaela ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This Master's thesis describes the position of a minor debtor in enforcement proceedings. The aim of this thesis it to, first, provide with a complex summary of the issue, concerning primarily topical questions which are discussed by experts in connection with childrens' indebbtedness, and second, to further identify the key drawbacks regarding the enforcement proceedings against minor debtors, with an offer for a solution. The thesis is subdivided into two parts. In the first part, there is the notion of a minor defined - for the purposes of this text, a minor is a person who is younger than eighteen years old and, concurrently, who was not emancipated by a court. The following chapters describe the protection of a minor in the legal system in general, where there are principles of best interest of a child and the right of a child to be respected in their opinion described. Further, the procedural protection of a minor is discussed, concerning primarily the procedural specifics of trials where a minor is a party to the case, including enforcement proceedings. Proper representation of a minor and provision of information to minors is emphasized within the chapter. At the very beginning of the second part, enforcement proceedings is described, and then the particulars of this proceedings are...
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Casual link between leisure activities and juvenile crime
KUBINEC, Patrik
This thesis presents the relation between the manifestations of crime and the use of leisure time among youth, which were searched in the research, the delinquent behavior of minors and adolescents, who are committed to the delinquency Prachatice, in the years 2009-2012, assuming that young offenders are commit crimes, as the most serious degree of risk behavior, almost always in my spare time. In this work the author tries to find out what connection can be found between youth criminal manifestations and use of leisure time of youth.
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Minor as a victim of domestic violence
HORALOVÁ, Nela
Domestic violence against children is a serious social problem, characterized by high latency. According to expert estimates, in the Czech Republic is abused to forty thousand children, but mostly the violence is not revealed and persists throughout childhood, because the child is not able to obtain help. Interest of the society in this issue is still growing, which is very good, as the life and health of an abused child often depends on mindfulness of other people and timely notice of facts which suggest abuse. This thesis deals with the issue of domestic violence against underage victims. The aim is to give a comprehensive characteristic of domestic violence and give the information about the specifics of investigation of domestic violence against minors and about the possibilities of help to child victims. The first chapter deals with definition of domestic violence and a main signs of domestic violence. It also deals with the typology of perpetrators and victims. In the second chapter I analyze the various forms of child abuse and neglect and I deal with the problem of alternative education and way of life as one of the possible form of child abuse. Thesis is also occupied with the statistics and current legislation that solve this issue. The fifth chapter discusses the possibilities of assistance to child victims of domestic violence. The last chapter deals with the issue of investigations of domestic violence against children focus on the interrogation of a minor, because the method of execution the interrogation can affect the whole investigation and can have very serious psychological consequences for the victim.
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Criminal activities of underage and teenagers of Pardubice district.
TOBIŠKOVÁ, Radka
Abstrakt Crime is the worldwide problem nowadays. The beginning of crime career of young people is permanently moved into lower age groups. The illegal action of youth is very difficult to detect, prove, investigate and punish. Police, lawyers, politicians, psychologists and not only they but each of us is worried about crime of the underage and juvenile. To find the basis of this problem it is necessary to know its reasons which are considered in our opening to world. The most serious and also complicated eliminated factors are from group of social causes. Delinquency of youth is not able to consider as something special it is a part of criminality as the whole. It is expression of deformation of young man; this deformation was set in the course of his life. The young man has to provoke and draw attention to him much more than forces, which have created the conditions for genesis and existence of the deformation. Prevention of youth crimes should be the activity developed on the basis of protection of local community of people. Prevention, repression or other activities of society should complement together and create organizational viable conception of democratic society. Court of justice can inflict a penalty on juvenile imprisonment (conditional, unconditional, nowadays the imprisonment over 10 years is the maximum penalty for juvenile, forfeiture of property, fine if he is gainfully employed, prohibition on trading, expulsion. In my bachelor{\crq}s survey I hold an anonymous inquiry with the aid of questionnaire about causes of youth crimes and about possibilities of their prevention. Research sample was formed by the inhabitants who live in the Pardubice district. The main aim was to access the view of inhabitants on causes youth crimes and their prevention. And if the inhabitants think about this socio-diseased phenomenon and which attitude they have to this topic.
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The guardian´s role in legal processes concerning child care.
VONDRÁŠKOVÁ, Blanka
The thesis contains a theoretical and a research part, both dealing with the role of the guardian in legal processes concerning child care. The theoretical part focuses on introducing the institute of the social-legal protection of children acting as a guardian in legal processes concerning child care. It further explains the problematics of guardianship in the above mentioned processes and describes conditions under which the guardian is usually established. The research part presents the guardians´ opinions concerning their legal rights and competences in the discussed legal processes. According to the thesis aim, a qualitative research was done in the form of interviews with the guardians of the municipal offices in Sušice and Horažďovice. As a result, the interview data is evaluated and discussed in the final part of the thesis. According to the guardians, a methodological guide or a simple description of the guardian´s responsibilities is missing. The guardians face this problem every day, but they also identify other problems (as for example problems caused by the prolonging of adjudications or by their time-consuming work).
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Psychological and Ethic Aspects of a Position of the Under-aged and Minors in a Criminal Procedure
JAROŠOVÁ, Erika
The dissertation evaluates viewpoints on the various positions of young people in criminal proceedings (the position of the offender, crime victim or witness) and deals primarily with psychological aspects of these positions. Expert theoretical arguments and theses are confronted with the experience and practice of youth and community workers. In the case studies, that are part of the work, are outlined possible ways of intervention from the point of view of youth and community workers. The work is a reflection on the given issue. It looks for an answer to the question whether the society{\crq}s interest is actually sometimes at odds with the interests of a child involved in criminal proceedings, or whether it can even cause damage to it.
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Juvenile delinquency in Strakonice district and its prevention
MARKOVÁ, Kateřina
The topic of my thesis is juvenile delinquency in Strakonice district and its prevention. Delinquency is a socially-pathological phenomenon which affects each of us. It is a problem, spread all over the world, at has always existed and it will unfortunately always exist. Delinquency is more serious when it is linked to juveniles because children are our future. The world has been very hectic and we have little time left for children and require a lot from them. We, our society and their environment influence their attitudes. My thesis deals with how are juveniles influenced and how we can fight against it. The objective of my thesis is to outline the development of juvenile delinquency in Strakonice district and to find out about the opinions of professionals who deal with juvenile delinquency and related problems. In the theoretical part I deal with criminogenic factors, which influence juveniles, juvenile delinquency specifics, the highness of criminal responsibility limit, legal measures according to the Act No. 218/2003 Collection of Law, and the significance of prevention and development of juvenile delinquency in Strakonice district. To find out about the stated objective I chose the secondary data analysis and the qualitative research, using the method of a structured interview with open questions. I questioned eight professionals, working in the branch of juvenile delinquency in Strakonice, about their opinions and experience knowledge. During the interview I asked ten questions which were linked to general juvenile delinquency and its prevention. The stated objective was fulfilled. The results of the thesis might be useful for the creation of prevention programmes. On the basis of the research results I would pay attention to a better acquaintance of professionals with functioning prevention programmes.
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Juvenile Delinquency
MACÁK, Pavel
Hlavním cílem bakalářské práce s názvem {\clqq}Kriminalita mládeže`` je vymezení příčin a struktury kriminality mládeže, dále pak rámcová charakteristika osobnosti pachatele (zjištění motivů k páchání trestné činnosti, okolnosti vytváření osobnosti pachatele {--} sociokulturní prostředí atd.). Způsoby represe vůči mladistvím a nezletilým pachatelům trestné činnosti. Dílčím cílem práce je zmapování programů prevence kriminality mládeže prováděné v rámci Policie České republiky.
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Juvenile offenders´motivation for crime
KOTNOVÁ, Andrea
My thesis deals with juvenile offenders´ motivation for crime. In the theoretical part the basic terminology relating to this issued and considered essential for the issue description is introduced. Futhermore, the criminal activity of juveniles is characterized and the current state of the issue is described. The criminogenous factors leading to criminal activity are defined. These are divided into endogenous and exogenous. The final part of the theoretical part deals with motivation for criminal activity. The main goal/topic of my thesis was to illustrate motivation of juvenile offenders for criminal activity. To a thorough understanding and determination of the issue, sub-objectives were set {--} to identify endogenous causes of crime commiting by juvenile offenders, and comparison of individual offenders and evaluation of their readiness to commit crime. The research questions corresponded with the goals stated. The research was conducted by a qualitative method. The respondents were received through a purpose selection by the PMS institution. To obtain the data, the moderated semi-structured interview technique was chosen. The interviews were recorded using a dictaphone to make the most accurate analysis, and then retyped to a verbatim transcript. To analyze the data the anchored theory method was applied. Coding is based on the principles of the theory. I have used open coding. There were ten juvenile crime offenders who took part in this research as respondents. The research has shown the existence of a few problematic areas that provide grounds for criminal activities. As the fundamental areas have proved to be an inadequate family background and inappropriately spent free time in connection with members of a gang. The research outcomes revealed that the main (dominant) motif was fun and entertainment. Secondary (not frequent) motif was financial profit. The research results have also shown that these offenders tend to commit crime under the influence of alcohol and friends. I believe that my work has revealed new evidence surprising for many people. And that is that criminal activity of juveniles has been declining, being rather a marginal phenomenon (juvenile crime makes up only 2% of the total crime rate), and brutality and severity of offences commited by juveniles does not reach such a gravity as it is presented by the media. I would like to recommend the results of the thesis to be used as a basis for a preventive action in the field of juvenile delinquency. Due to the findings, more efficient and effective preventive programs could be set up to eliminate this socio-pathological phenomenon so that a favourable social climate could be established.
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