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Criminal, criminological and criminalistic aspects of injured person's interrogation
Kleinbauerová, Marcela ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
This thesis is dealing with the criminal interrogation of injured person from criminal, criminalistic and criminological aspect and emphasizes the issue of secondary victimization. It contains an examination of the terms injured person, victim of crime and criminal interrogation, then is dealing with methods and tactics of questioning with specific issues involved in injured person's matter. The thesis describes changes in Czech system of law caused by the Statute of victims of crime. On particular cases based on author's research the thesis shows how can wrongly managed questiong leads to secondary victimization of victim, and offers solutions of particular problems involved in criminal interrogation of injured person.
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Šetření pojistných událostí a detekce pojistných podvodů
Marková, Marcela
Thesis on Investigation of insurance claims and insurance fraud detection is focused on the study of the issues and work team members for investigation of insurance fraud. Analyzes happening insured event and highlights the motives of deception. The introduction is devoted to the history of the insurance industry and the first awareness of insurance fraud. Also familiar with the terminology and legislation in the field of insurance and materials for work worker claims handling and special teams for investigation of insurance fraud. I will focus on the work itself liquidation worker, and workers analytical, methodical and special teams for the detection and investigation of insurance fraud. The focus is primarily on the investigation and analysis happening incident. The work also pointing out how easy it is to be involved in insurance fraud, what was the motive, intent and rea-son for the creation of insurance fraud. A practical example is the introduction of a real case of insurance fraud and data collection for the possibility of ongoing investigations. At the conclusion of my thesis, on the basis of the evaluation men-tion practical recommendations for minimizing the possibility of committing in-surance fraud. I focus on preventing insurers and insurance intermediaries as well as possible measures to prevent committing insurance fraud, or subsequent early detection.
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Current issues of position of the injured party and compensation for damages in criminal proceedings
Šeflová, Jaroslava ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
1 Abstract This thesis deals with the very current problem theme of the status of the injured party and a victim in criminal proceedings and compensation for damages, non-material damage and a release of an unjust enrichment in criminal proceedings. Work serves a legal definition of the injured party and a crime victim and deals with their status in criminal proceedings. As to the injured party, the thesis focuses on a definition and a position of the injured party as well as issues related to an adhesion proceedings in which the court decides about a claim of the injured party to damages, non-material damage and unjust enrichment. The focus of the issues relating to crime victims is their status and rights granted to them in the light of the recently adopted law amendment of victims of crime and international arrangements. The entire work arises all sorts of questions about the accuracy and effectiveness of the legislation which provides a reflection of the current state and at the same time proposals de lege ferenda. My thesis is systematically divided into four main parts. In the introductory part of this work is for a better orientation and understanding of the context described the historical evolution of the position of an injured party, by law of the injured party before 1950 to the time of the...
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A Company as the injured party in criminal procedure
Kučera, Milan ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
There are two main thesis to the work "A Company as the injured party in criminal procedure": (i) civil law recodification, in the context of company actions or actions made on behalf of a company, represents a positive change for the injured party when submitting a proposition for the court to impose a duty to compensate the damage in its sentencing judgment and as well determinates a limitation period, (ii) the process of assigning or withdrawing a status of the injured party is not described accordingly in the contemporary procedure act, especially regarding the exact form needed for this decision. These issues are closely tied to the types of damage applicable in a criminal procedure, injured party categories and to the details of submitting the compensation duty motion. A comparison of different company actions before and after recodification implies that there is a possibility of approbating the juridicial act of legal proceedings of a company that are invalid due to the company's procedure errors. Determining a limitation period by the day of the original motion stays unimpaired. Repeating the legal procedure and putting the limitation period to the day after its valid execution was necessary with the latest legal version. The second thesis was verified as well by exploiting contemporary...
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Collateral Proceedings
Beranová, Andrea ; Jelínek, Jiří (advisor) ; Záhora, Jozef (referee) ; Vanduchová, Marie (referee)
The doctoral thesis focuses on the part of criminal proceedings in which the court adjudicates the injured person's private claims which arose in connection with a criminal act (so-called collateral proceedings). The importance of collateral proceedings lies in the fact that by using it the injured party may avoid time-consuming, financially as well as procedurally demanding civil proceedings. However, the institute of collateral proceedings comprises a number of specific issues since a criminal court adjudicates the private claims of the injured party in compliance with substantive law rules being outside of the scope of criminal law (mainly civil law and labour law regulations) but, still, within the framework of criminal proceedings. The basic source of the submitted thesis is the Czech legal order. However, it is not the only one taken into consideration. The doctoral thesis also contains comparative analysis of legal regulation of collateral proceedings from the point of view of the German and Swiss legal orders. Following the analysis of collateral proceedings de lege lata, as well as the comparison with foreign models I am submitting proposals for the improvement of legislation that could be used in connection with the planned recodification of the Czech Criminal Procedure.
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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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Criminal aspects of the patient as the victim in the provision of health care
Bouchal, Josef ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
This thesis deals with the criminal aspects of the patient's status as an injured party in the provision of health care. Author especially characterizes the criminal relationships between patients and health care facilities, their contents and background. In the first part of the thesis the author provides a legal framework for the health law, especially in the area of national and international law. It deals with crucial laws directly governing the healthcare law, and laws that are related to health law and greatly affect it. In the field of international law, the author deals mainly with the European Convention on Human Rights and the Convention on Biomedicine. At the level of the national rights of the author touches the area of constitutional order, in particular the Charter of Fundamental Rights and Freedoms as well as the partition law, which describes the particular treatment of health law, criminal law and civil law. In the second part of the thesis the author first defines the basic concepts and fundamental institutes occurring in health care. Eventually, the author of the second part focuses on the actual relationship between the patient and the medical facility where the first for the understanding of the issues dealing with the historical evolution of this relationship and later...
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Selected issues of the status of injured parties and victims in the Czech legal order
Solil, Martin ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
The subject of this dissertation is the analysis of the position of an injured party and a victim in the Czech criminal legal environment. The aim of this thesis is also identification and practical analysis of particular procedural rights of injured parties and victims guaranteed to them by the Czech legislation. The dissertation has four main chapters. The first chapter is describing not only the general concept of an injured party but also particular claims that injured parties may exercises in the criminal proceedings. The second chapter contains not only description and analysis of adhesion proceedings, but also conditions under which claims of injured parties may be considered and decided by the Czech courts. The third chapter is devoted to the most problematic procedural rights of injured parties. The last chapter of this dissertation deals with the general concept of a victim and particular procedural rights of victims - mainly in the light of the "relatively young" law concerning victims of crimes.
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Insurance of the responsibility for damage caused by vehicles
Šlauf, Petr ; Karfíková, Marie (advisor) ; Kohajda, Michael (referee)
In my rigorosum thesis, I dealt with basic questions of insurance liability for damage caused by vehicles. Individual chapters of my work conform to the basic framework of insurance liability for damage caused by vehicles. In the end, I commented the important breakthrough in that topic which is the effectiveness of the Civil Code on 1 January 2014 which will bring significant changes. In this context gets more space case law, documents and unconditional solutions of individuals steps or issues in the context of insurance of liability for damage caused by vehicles.
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Damages, compensation of other than proprietary loss and recovery of property obtained as a result of unjust enrichment in criminal proceedings
Beranová, Andrea ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The submitted rigorosum thesis contains an analysis of so-called collateral proceedings in accordance with the legal regulation in force as specified in Act No. 141/1961 Sb., Criminal Procedure Code. Collateral proceedings represent the part of criminal proceedings in which the court adjudicates the claims of an injured person concerning damages, compensation of other than proprietary loss and recovery of property obtained as a result of unjust enrichment that arose in connection with a criminal offence. The importance of collateral proceedings consists in the fact that by using it the injured person may avoid time-consuming, and financially as well as procedurally demanding civil proceedings. However, the institute of collateral proceedings comprises a number of specific issues since a criminal court adjudicates private claims of the injured party in compliance with the rules of substantive law other than criminal law (mainly civil law and labour law regulations) but, still, within the framework of criminal proceedings. The thesis consists of three parts. In the first part I describe the concept of the injured individual and I distinguish it from the term "the victim of a criminal offence" in accordance with Act No. 45/2013 Sb., on Victims of Crimes. The right of an injured person to assert...
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