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Renewal of proceedings
Fejklová, Lucie ; Gřivna, Tomáš (advisor) ; Šámal, Pavel (referee)
Remedial measures in criminal law are set mainly to eliminate and correct mistakes, which have occurred in the course of the trial. It acts as a review and a remedy of law and legal defects. It can be divided into regular and special ones. Amid the regular remedial measures belong appeal, complaint and protest, to a group of special remedial measures belong apart from a renewal of proceedings, a review of an appeal and a complaint for the breach of law. Renewal of proceedings is a special remedial measure, which brings with itself interference into legal power. Renewal of proceedings with which one can contest only some legitimate decisions, in which criminal prosecution has already finished, is used for a removal of shortcomings in factual findings, because at that time all the decisive facts had not been known and the evidence, which came up only after the former decision has come into legal force. New evidence or facts underlying this extraordinary breach into inalterability and binding of judgments made in criminal proceedings are only the facts that were not part of evidence or survey or were not applied by any of the parties engaged in the proceedings and the only evidence that was not designed nor made by either party during the proceedings. As new evidence can be even used evidence already...
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The concept and legal consequence of the excessive use of self-defence and necessity
Lenc, David ; Vokoun, Rudolf (advisor) ; Šámal, Pavel (referee)
1 Abstract THE CONCEPT AND LEGAL CONSEQUENCES OF THE TRANSGRESSION OF THE LIMITS OF SELF-DEFENCE AND NECESSITY As the name suggests, this Master's thesis examines the concept and legal consequences of transgression of the limits of self-defence and necessity. Self-defence and necessity, together with other circumstances excluding illegality, belong to the fundamentals of criminal liability. If all their conditions are fulfilled by some action, which would otherwise give raise to criminal liability, then these legal institutions exclude not only criminal liability, but also illegality of such action (i.e. such action is considered lawful). The purpose of the paper is to provide complex and understandable analysis of these two crucial legal institutions. The analysis is mainly focused on conditions of these legal institutions, which form their limits; determination of conditions which, if not met, constitute the transgression of the limits of self-defence or necessity, and content and cases of fulfilment or failure to fulfil these conditions. (Thus, the cases of the transgression of the limits of self-defence and necessity are examined.) After the analysis of such excesses, the thesis addresses specific issues connected with their legal consequences. The thesis is based on Czech legal regulation, namely the...
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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...
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Temporal applicability of criminal legislation and certain selected issues occurring in practice
Sýkora, Michal ; Šámal, Pavel (advisor) ; Císařová, Dagmar (referee)
1 Abstract The essay is taking through the current problems with the time applicability of the criminal (penal) law in the Czech republic, especially with the view of new Criminal Code no. 40/2009, which has taken place on 1st January 2010 (but the new Criminal Code was in progress for several years). The theoretical part of the essay is about the basic questions of the criminal (penal) law's time applicability, the sources of the law (both national and international) from the past and present, also the basic theoretical insights into the time applicability and finally its current adaptation in the Czech law system and the changes brought by the new Criminal Code. The most significant and serious change in the Criminal Code regarding to the time applicability is to be able to establish the exact time of the criminal act. The previous absence of this adjustment in the Criminal Code no. 140/1960 have caused disagreements between the theory and the judicature, whether the actual time of the criminal act is once the crime has been accomplished or when the criminal act hase been committed. The new Criminal Code have uniquely determined this to be once the criminal act has been committed which means no future disagreements with that issues. The practical part of the essay is describing and dealing with problems...
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Life imprisonment
Černovská, Veronika ; Šámal, Pavel (advisor) ; Vanduchová, Marie (referee)
Life imprisonment Resumé The purpose of my thesis is to penetrate into the issue of life imprisonment and to analyse consequences which are connected with its legislation. The death penalty was replaced by life imprisonment in our country in 1990. The penalty of life imprisonment as the toughest punishment in the legal system of the Czech Republic necessitates big attention, because it causes considerable harm to the human rights of people sentenced to it. That is why it is possible to impose life sentence only in compliance with the strict conditions and only for enumerated crimes, both stated in the penal code. Nevertheless, life imprisonment has its supporters and opponents as well as death penalty, because it has not only advantages in comparison with capital punishment, but also some disadvantages. The thesis tries to describe these problems and propose solutions to it. The thesis is composed of seven chapters, each of them dealing with the issue of life imprisonment from a different point of view. The chapters are thematically divided into subchapters. It is necessary to know the historical context to understand the present legislation of life imprisonment, therefore Chapter One looks at development of life imprisonment, briefly in the world, but it focuses mainly on its development in our territory...
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The injured party in criminal procedure and his/her protection
Danková, Katarína ; Šámal, Pavel (advisor) ; Herczeg, Jiří (referee)
The reason for choosing The Position and Legal Protection of Aggrieved Party in Criminal Proceedings as my thesis subject , is because of its timeliness from the perspective of international as well as national law , in particular the ongoing process of modification of criminal procedural law. The work is to describe the current status of aggrieved party legislation in criminal proceedings with regards to substantiate the intent of the forthcoming criminal procedures and to point out its short comings , and to suggest possible solutions. The Introductory chapter is devoted to international, European and national legislation as to the source of the aggrieved party. The second chapter is devoted to legal definition of aggrieved party under the current criminal procedure code. The third chapter is dedicated to the procedural rights of two groups of aggrieved - aggrieved that have right to rise claims for damages in criminal proceedings and aggrieved who do not have that right , and the discrepancies between the rights of these entities and the rights of the accused. The fourth chapter specifies the position of the aggrieved party in various stages of criminal proceedings, from preliminary stage to appeal. The final part summarizes the possibilities of improving current legislation with regards to the...
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Alternatives to unconditional imprisonment
Mařánková, Barbora ; Vokoun, Rudolf (advisor) ; Šámal, Pavel (referee)
86 Resumé Alternatives to unconditional imprisonment The name of my diploma thesis is The Alternatives to Unconditional Imprisonment. I chose this topic because it is the actual theme, the crime rate raises and alternative punishments represent new options how to deal with increasing criminality and matters related to it. Czech Republic and other countries are forced to deal with problems related to increasing amount of imprisoned persons. Unconditional sentence is accompanied with many negative consequences, such as interruption of social bonds, adaption to prison culture and difficult comeback into society after the imprisonment. This is very wide topic and I more concentrated on community service order, monetary fines and suspended sentence (including suspended sentence with supervision). The aim of my diploma thesis was summarize current legal regulation, mainly a new Criminal Code, and some problems in practice. The thesis is composed of eleven chapters; some of them are divided into subchapters. The first part of my thesis including chapter 2 - 4 is introductory and deals with the term of punishment, its purpose and individual theories of punishment. Next one is the concept of restorative justice, because the alternative sanctions are result from it. Restorative justice conception brings a new look on...
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