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Participation
Nechutná, Klára ; Říha, Jiří (advisor) ; Krupička, Jiří (referee)
1 Abstract The diploma thesis is focused on the historical development and the basics of current legal regulation of participation in the Czech Republic. The thesis also briefly devotes to the legal regulation of participation in Italy. Participation is undoubtedly one of the most problematic elements of the criminal law. However, it is an indispensable part of it and without which it would be impossible to fulfil the main purpose of criminal law - the protection of society. Despite the abovementioned, it is not paid sufficient attention to participation by the legislature neither by the legal community. The purpose of the thesis is to provide the reader a comprehensive knowledge of participation in the narrow sense, including the criticism of the most problematic aspects of the current legal regulation. It focuses mainly on the conditions of criminal liability and the basic characteristics of the individual forms of participation in the narrower sense in Czech and Italian legal regulations. This thesis compares and evaluates mentioned institutes. Points problematic aspects out and introduces possible solutions of future legal regulations. The aim of the diploma thesis was achieved by analysis of legal literature, case law and relevant legislations. The diploma thesis is divided into six chapters. The first...
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The Criminal Liability of the Organizer of a Criminal Offence
Brandtner, Anna ; Říha, Jiří (advisor) ; Tejnská, Katarína (referee)
01 The Criminal Liability of the Organizer of a Criminal Offence Abstract This thesis focuses on one of the modalities of participation - on organizing. The provisions of Section 24 (1) a) of Act No. 40/2009 Coll. of the Criminal Code mentions organizing in the first place, indicating that it is the most serious form of participation. Organizing is also a form of participation which is quite specific to the Czech legal order. Foreign legal regulations often consider the Czech organizer to be the offender. The aim of this thesis was to thoroughly discuss the organizer of a criminal offence, to evaluate the reason for the frequent criticism of his inclusion among the participants of the crime and to suggest how should this legal institute be adapted. The thesis is divided into seven chapters, the first of which is the introduction and the final is the conclusion. The first part of this thesis deals with the theoretical foundations of participation. It briefly describes the possible approaches to the offender and the fundamentals of the unitary and the differentiated system, including their advantages and disadvantages. The meaningfulness of a differentiated system depends on the successful separation of the key persons involved in the criminal act from the less important ones. The following chapter focuses on...
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Agreement on guilt and punishment
Šimek, Jaromír ; Říha, Jiří (advisor) ; Tejnská, Katarína (referee)
This master's thesis focuses on the subject-matter of agreement on guilt and punishment. It became a part of Czech Criminal Procedure Code by the enactment of Act no. 193/2012 Coll. The plea bargaining, which is widely spread and used in common law countries, served as an inspiration. It should have primarily enhanced the efficiency and speed of the criminal proceedings. It is a type of diversion which is based on a negotiation between the prosecutor and the defendant. The defendant may plea guilty and require a milder punishment in reverse, comparing to a punishment which would have been imposed if a trial took place. The conducted agreement on guilt and punishment has to be subsequently approved by the judge in a form of the approval judgement. The thesis is divided into four chapters. The first one deals with other alternative ways, by which criminal cases may be solved. The influence and potential disruption of basic principles of the criminal procedure caused by the incorporation of agreement on guilt and punishment, is described as well. A short section is dedicated to previous legislative efforts of incorporation the agreement on guilt and punishment into the Czech legal system. The second chapter outlines the contemporary legal regulation of the agreement of guilt and punishment in the...
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Agreement on guilt and punishment
Slavík, Michal ; Říha, Jiří (advisor) ; Krupička, Jiří (referee)
This master`s thesis deals with the topic of agreement on guilt and punishment, which was introduced into Czech criminal procedure code in 2012. The agreement on guilt and punishment represents an alternative way of solving criminal cases. The agreement is entered into by the prosecutor and the accused, while taking into account the interests of the injured party. A precondition of the conclusion of an agreement on guilt and punishment is the declaration of the accused that they committed the act for which they are prosecuted. The prosecutor proposes the adequate punishment for the act committed and the final version of the agreement has to be approved by the court. For the accused, this procedure means a mitigation of the sentence in exchange for a declaration of committing an act. An advantage for the law enforcement authorities is shorter and simplified criminal procedure. Other benefits of the conclusion of the agreement on guilt and punishment are the cost savings and the protection of injured parties. The institute of agreement on guilt and punishment has its origin in the Anglo-American legal system where it is one of the pillars of the criminal process. In the Czech context, however, it is a foreign and controversial institute, which is subject to strong criticism mainly by legal theorists....
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Agreement on guilt and punishment
Dimitriadisová, Šárka ; Říha, Jiří (advisor) ; Bohuslav, Lukáš (referee)
Agreement on guilt and punishment This master's dissertation focuses on a relatively new juridical institute of the criminal procedural law, which is agreement on guilt and punishment. This institute was incorporated in the Czech legal system by the Act No. 193/2012 Coll., which took effect from 1st September, 2012. The main purpose for the incorporation was acceleration and efficiency of criminal proceedings as well as lightening the burden of courts, which are overloaded due to excessive amount of new cases. The master's dissertation is divided into five chapters. The first chapter is devoted to the inclusion of plea bargaining in the system of the Code of Criminal Procedure and on the institute of agreement on guilt and punishment in comparison with other diversions. A brief introduction to the basic principles of retributive and restorative justice is also included in this chapter. The second chapter covers the historical development of incorporating plea bargaining into Czech legislation and the legislative process itself. The basic arguments both in and against favour of the institute are outlined, especially taking into account the principles of Czech criminal proceeding. The third chapter contains a detailed analysis of relevant legislation and is divided into two parts, the first focusing...
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Systems for file and directory synchronization
Říha, Jan ; Lattenberg, Ivo (referee) ; Pfeifer, Václav (advisor)
Bachelor's thesis is intent on snipping of systems for file and directory synchronization on various platforms. First part is addict to systems for mirroring, version control tools and web storage site. Second section put mind to address service. Third and last chapter apply to practical part with description of author script.
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Critical Analysis of Protective Treatment and Protective Detention within the System of Protective Measures
Benda, Jiří ; Říha, Jiří (advisor) ; Vanduchová, Marie (referee)
The advanced Master's thesis called "A Critical Analysis of Protective Treatment and Protective Detention within the System of Protective Measures" looks into the legislation concerning protective treatment and protective detention in the framework of the Czech legislation on protective measures. In the first two chapters an outline of the purpose and sense of protective measures is given along with their basic overview focusing on the basic principles and concepts which are closely linked to protective measures. At the same time, several problematic aspects are brought to attention following a description of the historical development of the legislation in the Czech Republic. A detailed analysis thereof is given in the following chapters. In Chapters 3 and 4, which specifically deal with protective treatment and protective detention, the two concepts are submitted to critical analysis and defined within the system of penal sanctions. This is done in parallel so that a comparison can be made. For both concepts, the respective German and Austrian legislations are analyzed in detail and compared to the Czech legislation. In this way, a critical analysis of the legislation on protective treatment and protective detention is performed primarily with respect to the whole decision-making process of the...
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Assessing the suitability of a site for the location of a deep repository of spent nuclear fuel and high-level waste in terms of long-term security - Čihadlo candidate site
Havlová, V. ; Bukovská, Z. ; Dudíková Schulmannová, B. ; Dudková, A. ; Franěk, J. ; Holeček, J. ; Hroch, T. ; Jelének, T. ; Jelínek, J. ; Kachlíková, J. ; Kaláb, Zdeněk ; Klomínský, J. ; Kučera, R. ; Kunceová, E. ; Polák, M. ; Uhlík, J. ; Milický, M. ; Nývlt, D. ; Ondra, P. ; Pertoldová, J. ; Rapprich, V. ; Rukavičková, L. ; Šír, P. ; Štědrá, V. ; Švagera, O. ; Verner, K. ; Maryška, J. ; Říha, J. ; Královcová, J. ; Červinka, R. ; Gondolli, J. ; Klajmon, M. ; Kolomá, K. ; Černý, M. ; Vavro, Martin ; Vopálka, D. ; Svoboda, J. ; Vašíček, R. ; Hokr, M. ; Steinová, J. ; Zeman, J. ; Kouřil, M.
This report summarises outline of a report for evaluation of suitability of sites for emplacement o a deep geological repository on the basis of archive information and geological survey conducted from surface.
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