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Custody in criminal trial
Chovancová, Olga ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
This rigorous thesis creates a complex picture of custody, which is considered as one of the custodial instruments in the criminal law. The thesis contains constitutional basics of custody, characteristics of material and formal custodial law and is especially focused on explanation of concept of custody, characteristic principles of legal regulations, conditions necessary for taking accused into custody, custodial reasons, resolution making, judicial review of custody and determination of maximal duration of custody. Futhermore it also reports about instruments which are capable to substitute custody with measures not connected with constraint of individual liberty. The thesis is based on analysis of legal enactments and judicature.
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Right to reasonable length of criminal proceedings in Czech law
Kristková, Alena ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
This thesis deals with right to criminal procedure within a reasonable time from the point of view of the Czech criminal law and of the judiciary of the European court for human rights which has a strong impact on the judiciary of the Czech courts. The regulation in the Czech Criminal code is analyzed as well. This thesis also focuses on the consequences of the inadequate length of criminal proceedings in the form of the imposed punishment. The complex measures which could be effective and could make the criminal proceedings faster are also the matter of the analysis.
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The issue of juvenile criminal justice
Pošíková, Lenka ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
of the master thesis The issue of criminal juvenile justice The thesis deals with problems of criminal justice over juveniles. The purpose of the study is to bring an objective view of actual legal regulation in The Juvenile Justice Act No. 218/2003 and to identify problematic aspects of the juvenile justice system. Legal regulation is based upon the principle not to punish juvenile delinquents in repressive way, but to eliminate negative influences. The reason for my research is to discover the main causes of children's criminality and to outline their possible solutions. I focus on two big areas in the study - problems of the juvenile criminal liability and the system of legal instruments as a reaction of society to delinquency. The thesis is divided into six chapters; each chapter is further divided into several more subchapters according to a logical succession of addressed problems. In the first chapter I define basic terms, which are important to understand these issues. These definitions come out of the Juvenile Justice Act. Chapter two describes historical development of the juvenile legislation from 1931 to present time. The chapter consists of four parts. The main attention is given to actual legal regulation in The Juvenile Justice Act No. 218/2003. I try to show the defects of previous...
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Unconditional imprisonment
Kordíková, Ivana ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
I have chosen this topic because of my interest in criminal law in general. Two years ago I visited one of the largest prisons in the Czech Republic, the Valdice prison, which is situated only 20 km far from my hometown, Semily. I realized that unconditional imprisonment is a really interesting and complicated theme. The Czech prison system has recently suffered from particular problems and the aim of my thesis is to identify these problems and suggest solutions. My thesis is composed of five chapters. Chapter One is introductory and defines the basic term - sentence and its purpose. Chapter Two deals with relevant Czech legislation and consists of four parts. Part One focuses on the most important principles of imposing punishments, such as principle of legality, principle of subsidiarity, etc. Part Two analyzes the role of unconditional imprisonment in the sentencing structure. Part Three describes duration of unconditional imprisonment and Part Four reviews two types of extraordinary sentences. Chapter Three concentrates on execution of unconditional imprisonment. This chapter is subdivided into nine parts. Part One deals with international rules, European prison rules and Czech legislation. Differentiation of prisons is described in Part Two and Part Three. Part Four relates to admission,...
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An injured person and a victim in the Czech criminal process
Pilný, Jakub ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
AN INJURED PERSON AND A VICTIM IN THE CZECH CRIMINAL PROCESS - ABSTRACT My thesis is devoted to position of injured person and victim in national regulation of criminal procedure. The beginning of my thesis focuses on historical development of procedural position of injured person in our country. In thesis is described definition of the term injured person from the view of current legislation and there are also presented my proposals on this topic de lege ferenda. This part of my thesis is especially focused on differences between the term victim of a criminal act and the term injured person and also on regulation of the compensation for the damage for victim of a criminal act. The main part of the thesis includes the regulation in force of position of injured person in criminal proceedings. The next part of my thesis is devoted to regulation of the adhesion proceeding and position of injured person in diversions in criminal proceedings. At the end of my work is included comparison of effective regulation of position of injured person in the Czech Republic and regulations in force of position of injured person in Slovakia.
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Culpable homicide - Selected issues of investigation and legal classification of cases of culpable homicide in the Czech Republic and Slovakia
Barilik, Igor Nikolaj ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
CULPABLE HOMICIDE Selected aspects of investigation and legal qualification of culpable homicides in the Czech Republic and Slovakia The presented Master's degree thesis deals with the topic of culpable homicide, as defined in the newly re-codified Czech and Slovak Penal Codes, and interpreted by the Czech and Slovak criminal law doctrine. Selected aspects of homicide investigation are also discussed, with the aim at the significant impact of the immediate crime scene and deceased victim's body inspections on the legal qualification of an act of homicide. Theoretical discussion is furthered with case analyses. Chapter One examines the newly adopted Czech and Slovak legislation concerning the classification of crimes punishing homicide. Both doctrines divide the act of culpable homicide in the two possible groups according to the offender's state of mind affecting the criminal conduct: wilful and negligent homicide. The new Czech Penal Code recognizes the crime of murder as wilful homicide, with more severely punishable sub-category of premeditated murder, and privileged sub-category of infanticide; and the crime of manslaughter, which is also wilful homicide, but committed under certain mitigating circumstances. Negligent homicide can be considered as the qualified crime of battery resulting in...
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Death penalty
Hermanovský, Daniel ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
Death penalty Death penalty is one of the most controversial sentences in the history of mankind. It was known even 2000 years B. C. and the most famous civilizations as Roman Empire or ancient Greeks were using it. Later in 19th century we can hear first strong voices demanding abolishment of death penalty. The Pioneer was Cesare Beccaria and his work Dei delitti e delle pene. Nowadays 95 countries have abolished death penalty for all crimes, 9 countries abolished it for ordinary crimes and 35 countries have death penalty among sentences but they do not use it. In Czechoslovakia there was death penalty almost through whole existence of Czechoslovakia. It was abolished not until year 1990, after "velvet revolution". Methods of executions have always been very different and they varied depending on the place and time. Among the most known belongs crucifixion, burning to death, decapitation, guillotine, hanging, gas chamber, electric chair and lethal injection. In my dissertation I have to mention two very different countries which still use capital punishment to a large extent. These are United States of America and China. In the USA capital punishment has a long history and nothing seems to suggest that something is going to change even though there were executions of innocent people or executions which...
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Unconditional imprisonment
Kehar, Ondřej ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
Unconditional imprisonment The main purpose of this thesis is to evaluate the current legislation of the unconditional imprisonment and its application in practise. The author focuses predominantly on the treatment program for sentenced persons and the ways to apply discipline in prison. In the first chapter the author pursues the theoretical definition of punishment and the position of unconditional prison sentences in the system of other punishments. The focus is also on the development of penological systems during the past two centuries. The second chapter describes the system of Czech prisons assigning prisoners to various types of prisons and the first days after taking a prisoner to a detention center. This chapter is the introduction to the course of compiling a comprehensive report on the conviction. Third and main chapter is devoted to the treatment program and its individual components, ie. work activities, including the current problems of this area, further education, special educational and special interest activities and shaping the field of external relations. The author discusses not only the statutory definition of these components, but also gives practical examples from various prisons. Finally, this chapter focuses on the evaluation of treatment of prisoners and redeployment to other...
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Criminal Liability and Imposing of Sanctions on Juveniles
Němcová, Alena ; Jelínek, Jiří (advisor) ; Gřivna, Tomáš (referee) ; Sváček, Jan (referee)
SUMMARY: CRIMINAL LIABILITY AND IMPOSING OF SANCTIONS ON JUVENILES A separate legal rule regulating criminal liability and judiciary over the youth has appeared again in the legal order of the Czech Republic since the year 2003. Although the Czech law knew the judiciary over the youth in the past, this rule is considered as a repeated break with the legislation, because after several decades, there has been again a criminal rule applicable specifically to persons younger than eighteen years. The legislator returned to a legal regulation similar to that being in force in Czechoslovakia in the thirties of the 20th century. The act on judiciary over the youth valid at that time has become a significant inspiration to the present legislator which has been continuing in modern legal regulation valid in Czechoslovakia from the year 1931. The then legal regulation as well as the present one reacts to the now preferred legal or sociological premises of punishment and the purpose of punishment. The basic theoretical premise which the legislator supports is the principle of restorative justice, but we can trace the impact of also other legal, sociological or philosophical attitudes in the act on judiciary of the youth. The currently valid act No. 218/2003 Coll., on liability of the youth for wrongful acts and on...
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The issue of juvenile criminal justice
Vančurová, Lenka ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
of the thesis This thesis describes some of the problems that criminal law and criminal justice over children and teens has to challenge. All the problems come from the fact that childhood and adolescence are special periods of time with characteristics that are very different from those of adulthood. Among the other ones, the susceptibility is especially accented, pointing out that children and teens rather easily, in contrast to adults, fall for criminal career. Criminal law generally does not offer applicable rules for concerned age groups due to the fact that legislator is aware of the issue as well as the necessity of a special legislation for juvenils only. In the first chapter, there is a basic description of problems. One of the main problems criminal law and justice over youth have is a need for special responsibility conditions, as general law is too severe towards youth. Second problem is the problem of labelling (or stigmatization) that occurs frequently as a consequence of a criminal action. Another thing is that family often fails its nurturant duty to children and teens. Then the government must assume responsibility for education and care of them. The challenge here is - how much respect to family should be taken before intervention is necessary and of what intensity can the...
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