|
|
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...
|
|
|
Agreement on guilt and punishment
Šaćirović, Adéla ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This master's thesis deals with the topic of agreement on guilt and punishment, which became a part of the legal system of the Czech Republic on 1 September 2012 - by effect of the eighty-third amendment to the Criminal Procedure Code, which was implemented by the Act no. 193/2012 Coll. The agreement on guilt and punishment is an alternative way of solving criminal cases. As is apparent from its title, it is the negotiation of an agreement between the prosecutor and the accused, or even injured person, whose objection is a solution to the question of guilt and punishment. A necessary prerequisite of its validity is subsequent approval of the negotiated agreement on guilt and punishment by the court. When designing a statutory regulation of a particular institute it is always necessary to pay attention to the advantages and disadvantages that will most likely accompany this institute. The positives must obviously outweigh the negatives and try to minimize them as much as possible. Simply stated, the institute must bring more good than harm. The main aim of my thesis is to introduce the comprehensive legislation of the agreement on guilt and punishment, to assess the positives and negatives accompanying the agreement on guilt and punishment, and to point out the specifics, imperfections and...
|
|
|
Conditional suspension of criminal prosecution and the settlement as a kind of diversion in the criminal procedure
Kopecký, Adam ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The submitted thesis comprehensively deals with the institutes of conditional suspension of criminal prosecution and settlement. These institutes are kinds of the diversion which includes Czech legal order in the criminal proceedings. The thesis is divided into five main parts. Part one introduces diversion and deals with the causes of its implementation in Czech legal system mainly due to the concept of restorative justice. Furthermore, it complies the diversion as a diversion of standard criminal proceedings and tries to theoretically define its position in the system of alternative punitive measures. The second part is devoted to the institute of conditional suspension of criminal prosecution, including an institute of suspension of the proposal for punishment which can be applied in the summary proceedings. The third part of the thesis deals with the institute of settlement. Both these parts rigorously describe and analyze the terms and conditions of application of these institutes and also mention the proceedings for them. In the fourth part there can can be found the author's reflections about the possible changes and improvements of these institutes within the Czech legal system in spite of de lege ferenda. The comparison of quantitative usage of both intstitutes in the application practices...
|
|
|
Current issues of an agreement on guilt and punishment
Hájek, Tomáš ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Institute of agreement on guilt and punishment, was implemented into Czech criminal law by Act No. 193/2012 Coll. in 2012 and came into force on 1th September 2012. The institute belongs among diversions from standard criminal proceedings. The purpose of its introducing was an effort to increase efficiency of criminal proceedings. Generally, this instute is typical in common law system, however several countries with continental legal system have already introduced agreement on guilt and punishment into their criminal law - for example: Spain, Germany, Italy and Slovakia. In particular, the Slovakian agreement on guilt and punishment constituted fundamental basis for the Czech version of the agreement. The inspiration for choosing this topic for my Master's thesis was formed by internship at district prosecutor of Prague 4. I have had an option to attend conclusion of the agreement during the process there as well. The thesis is divided into six chapters, which are accompanied by my personal experiences from the internship. Each of them is dealing with different aspects of the institute. The content of the first and the second chapters are reasons for implementing of the institute and detailed analysis de lege lata and I have solved also a question in these chapters namely, if the agreement is in...
|
|
|
Conditional discontinuance of criminal prosecution
Zemanová, Zuzana ; Herczeg, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
The topic of this thesis is conditional discontinuance of criminal prosecution. This institute is one of the alternative ways of handling the criminal case, which are collectively called diversions. Their theoretical basis is a concept called restorative justice. Conditional discontinuance of criminal prosecution is an institute of criminal procedure that is a significant manifestation of the subsidiarity of criminal repression. This institute represents the provision of certain privileges to the accused that lie in the fact that the criminal proceedings are not brought to its standard end in exchange for reimbursing the relationship with the victim, disturbed by the criminal offence. The thesis is divided into six chapters, which seek to render the chosen theme as well as its broader context. At thebeginning, attention is paid to the concept of restorative justice and the concept of diversions. The main part of this thesis is in the third chapter and is entirely exclusively devoted to conditional discontinuance of criminal prosecution. Author's goal is to cover all aspects of this concept and its application. The following chapter is devoted to other types of diversions. Given the limited scope for this thesis,this attention is however only marginal.. Within the penultimate chapter, the thorough...
|
|
|
An agreement on guilt and punishment: comparison of Czech and Swiss legislation
Bicek, Rudolf ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Originally Anglo-Saxon criminal process concept in the form of plea bargaining also constituting the topic of this thesis has become a phenomena within a number of civil law countries in the last decades. This alternative way of solving criminal cases consists simply of the possibility for an agreement between the prosecutor and accused through plea bargaining if the accused, under certain conditions, admits committing the offense and agrees with the proposed punishment. When looking at foreign but also domestic legal literature we may, without any exaggeration, consider plea bargainig as a controversial institute. On one side are the proponents with their strongest argument being the acceleration and simplification of the criminal proceedings. However, on the other side, their opponents refer mainly to the flagrant inconsistency of this institute with the fundamental principles of continental criminal proceedings. In the first part this thesis the author examines the agreements in criminal proceedings in general, focusing on their origin, historical development and various basic forms in which the agreements in criminal proceedings are presented in the world. Special section is devoted to plea bargaining regulation in the Czech Republic where this institute was introduced by an Amendment to the...
|
|
|
Nuclear Power in the Green Party Agenda before and after the first Phase - Out - Agreement in Germany
Šestáková, Gita ; Nigrin, Tomáš (advisor) ; Mlsna, Petr (referee)
The red - green coalition in German national government agreed in the autumn of 1998 on a phase - out nuclear strategy, a conclusion made after long - term public debate. This thesis works with agenda setting and advocacy coalition theory in order to discover the efficiency of Green party's attempts to realize its vision of nuclear phase - out. This goal of the Greens has remained unchanged since the establishment of the political party; yet the promoting of the concrete aspects was strongly influenced by other actors interested in the energy policy. The position of the Greens in the final agreement process was disadvantaged and the party had to agree on many compromises. After the disaster of Fukushima, German government decided for a quicker nuclear exit. In this perspective, the Greens use their stable anti - nuclear image as a positive aspect for the latest national elections campaign.
|
|
|
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.
|
|
| |
|
|
Departure from Faith and Return to the Church
PAULÍKOVÁ, Zuzana
The work investigates the education in family, the departure from faith and return to the Church and faith. It is a research work. The first part deals with the preparation for a qualitative dialogue and for the choice of appropriate respondents. It describes the process of respondents collection, the process of dialogue and their recording. The case analysis occupies with the respondents´ characteristics. The second part of the work is interested in the analysis of the dialogue, the comparative analysis and therefore the dialogue evaluation. We get to know how the respondents were guided and lead to faith in their families, when and why they departed from faith, what events and moments in their lives had a bearing on their faith experience, when they returned to the Church, what people influenced their religion development and how they live in Church now. We find out that particular spheres are dependent one on another. It is very important how strong is the faith basis, how deep you sowed the faith and how you kept the seed. We can also see a diference in feeling the faith at each respondent since people are different. The human personality is very important as well as your opening to the Grace of God. The role of people we meet is very important, too. We are influenced by them. It is a kind of a call not only for people in pastoral work but also for believers themselves so that they can try to help and be here for others.
|
guest ::
