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Basic principles of criminal proceedings and the right to a fair trial
Mulák, Jiří ; Jelínek, Jiří (advisor) ; Ivor, Jaroslav (referee) ; Gřivna, Tomáš (referee)
1 Basic principles of criminal proceedings and the right to a fair trial Abstract This dissertation deals with the basic principles of criminal proceedings from the point of view of the right to a fair trial. The basic principles of criminal proceedings are certain legal principles, the leading legal ideas underlying the criminal proceedings. They are a manifestation of a legal, political and legal philosophical approach to criminal proceedings. As a result, the basis on which the organization of criminal proceedings and the regulation of the activities of its bodies are built. They express the legislator's opinion on the most efficient organization of the criminal process. The meaning of the basic principles is mainly concentrated in their functions. The text of the thesis is divided into three major chapters, which are further divided into sub-capitals and sections. The second chapter is devoted to the conceptual definition of both the democratic state law and its attributes, the legal principle, and two basic models - the continental system and the adversary system. Then follows a chapter that deals in detail with the concept, meaning, functions and system of the fundamental principles of criminal proceedings. It also deals with exceptions to the basic principles, the classification, the nature of the...
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Criminal Liability of Legal Entities
Šelleng, Dalibor ; Jelínek, Jiří (advisor) ; Ivor, Jaroslav (referee) ; Bohuslav, Lukáš (referee)
It is more than 6 yeas as of the moment when Act No. 418/2011 Coll., on penal liability of legal entities and proceedings against them, entered into effect, however, in spite of it inland legal regulation still offers a number of key application and conceptional issues. The achieved objective of the dissertation work submitted was to provide comprehensive and detailed interpretation of the existing legal regulation of the conditions when criminal liability of legal entities is established and to point out, in that interpretation, to some of its particularities, deficiencies or ambiguities in the interpretation. In order to achieve that objective, the author dealt with not only Czech legal regulation as such, however, also with wider topics that clarify the origination of this form of penal liability but that can also help interpreting problematic legal institutes or be the basis for next amendments to the law, if any. For this purpose, the presented dissertation work is divided in four main chapters. The first part contains introductory and fundamental issues of the criminal liability of legal entities. As the sine qua non condition of the topic under investigation, it defines the term of "legal entity" and outlines the historical development of the concept of penal liability of legal entities in...
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Juvenile justice - Comparison of swiss and czech law
Hurychová Peroutková, Lucie ; Jelínek, Jiří (advisor) ; Ivor, Jaroslav (referee) ; Mencerová, Ingrid (referee)
1 Juvenile justice - Comparison of swiss and czech law with focus on criminal procedure Abstract anglicky This thesis focuses on comparison of Czech and Swiss form of juvenile justice. The opening chapters briefly summarize the Czech law no. 218/2003 Sb., basic principles of juvenile criminal procedures, concept of his criminal liability and sets out sanctions - educational, protective and penal - which can be assigned to a juvenile person. Then a Swiss version of juvenile law is introduced (the "Jugendstrafgesetz") together with juvenile criminal procedures law ("Jugendstrafprozesordnung"). Also these chapters cotains introduction of basic principles of both laws, a detailed description of respective penalties ("Strafen") and protective measures ("Schutzmassnahmen") and their execution. The juvenile criminal procedure, its specifics and details, is described in Chapter 4, followed by the analysis of laws, comparisons of specific penalties and protective measures. This is supported by recent statistic of juvenile criminality, decisions of special juvenile courts and age limits for criminal liability throughout Europe. Swiss judgements are supplemented by an overview of type and length of respective sanctions and execution of protective measures of placement. The goal of this thesis is to show a different...
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Principle nemo tenetur se ipsum accusare in criminal proceedings
Děček, Milan ; Gřivna, Tomáš (advisor) ; Ivor, Jaroslav (referee) ; Tlapák Navrátilová, Jana (referee)
Labor deals with the application of the principle of non-coercion to self-accusation in criminal proceedings, not only in the Czech Republic but also in other European countries and the USA. Partial results are obtained in particular by analyzing the case law of the European Court of Human Rights, the Constitutional Court of the Czech Republic and, not least, the work presented the views of the experts in the criminal process. Application of that principle is examined from different angles using various procedural acts when the argument was the same judgments inferred line between permissible and impermissible coercion from authorities involved in criminal proceedings. This limit is characterized by the activity of the accused to self- accusation, to which the accused may not be compelled under the threat of sanctions. The thesis deals with the historical development of the principle, its enactment in the valid law, but mainly with its application in the criminal proceedings. The application of this rule is examined not only for various types of testimony in criminal proceedings, but also for further evidence and procedural acts in criminal proceedings (recognition, issue / removal of the subject, identification, use of agent), as well as criminal prosecution of legal entities. The "nemo tenetur se...
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Basic principles of criminal proceedings and the right to a fair trial
Mulák, Jiří ; Jelínek, Jiří (advisor) ; Ivor, Jaroslav (referee) ; Gřivna, Tomáš (referee)
1 Basic principles of criminal proceedings and the right to a fair trial Abstract This dissertation deals with the basic principles of criminal proceedings from the point of view of the right to a fair trial. The basic principles of criminal proceedings are certain legal principles, the leading legal ideas underlying the criminal proceedings. They are a manifestation of a legal, political and legal philosophical approach to criminal proceedings. As a result, the basis on which the organization of criminal proceedings and the regulation of the activities of its bodies are built. They express the legislator's opinion on the most efficient organization of the criminal process. The meaning of the basic principles is mainly concentrated in their functions. The text of the thesis is divided into three major chapters, which are further divided into sub-capitals and sections. The second chapter is devoted to the conceptual definition of both the democratic state law and its attributes, the legal principle, and two basic models - the continental system and the adversary system. Then follows a chapter that deals in detail with the concept, meaning, functions and system of the fundamental principles of criminal proceedings. It also deals with exceptions to the basic principles, the classification, the nature of the...
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Criminal Liability of Legal Entities
Šelleng, Dalibor ; Jelínek, Jiří (advisor) ; Ivor, Jaroslav (referee) ; Bohuslav, Lukáš (referee)
It is more than 6 yeas as of the moment when Act No. 418/2011 Coll., on penal liability of legal entities and proceedings against them, entered into effect, however, in spite of it inland legal regulation still offers a number of key application and conceptional issues. The achieved objective of the dissertation work submitted was to provide comprehensive and detailed interpretation of the existing legal regulation of the conditions when criminal liability of legal entities is established and to point out, in that interpretation, to some of its particularities, deficiencies or ambiguities in the interpretation. In order to achieve that objective, the author dealt with not only Czech legal regulation as such, however, also with wider topics that clarify the origination of this form of penal liability but that can also help interpreting problematic legal institutes or be the basis for next amendments to the law, if any. For this purpose, the presented dissertation work is divided in four main chapters. The first part contains introductory and fundamental issues of the criminal liability of legal entities. As the sine qua non condition of the topic under investigation, it defines the term of "legal entity" and outlines the historical development of the concept of penal liability of legal entities in...
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Omissions in Criminal Law
Kučera, Pavel ; Šámal, Pavel (advisor) ; Ivor, Jaroslav (referee) ; Gřivna, Tomáš (referee)
Omissions in Crimial Law Abstract The submitted thesis represents a relatively comprehensive, and given the contemporary state of the domestic criminal law theory, also a quite complex elaboration of questions associated with the phenomenon of omission in criminal law. From my point of view, the text itself deals with all significant problems related to criminal liability for omissive conduct. This concerns in particular the subject matter associated with the institution of omission within the doctrine of substantive criminal law, the term of omission in criminal law and the reason and historical evolution of criminalization of omission. Furthermore, the thesis deals with the individual types of criminal omissions and questions associated therewith, including a note of the differences between the traditional dual distinction on the one hand and the newer triple distinction of criminal omissions on the other, while comprising the emphasis of shortcomings of the traditional approach and the advantages of the newer concept. Saying that, in the most part the thesis focuses on the newer approach towards criminal liability for omission and it describes the foundation points thereof in great detail, since I consider it to be the key subject of this dissertation. I also comment on the very important subject of...
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Sanctioning of Legal Persons
Březinová, Kristýna ; Tlapák Navrátilová, Jana (advisor) ; Ivor, Jaroslav (referee) ; Stibořík, Vladimír (referee)
The purpose of this Dissertation Thesis is to comprehensively set forth the issue of sanctioning of legal persons and also to critically evaluate it. The present Thesis is divided into five chapters. Firstly, the basic terms related to sanctioning of legal persons are defined and the institute of criminal liability of legal persons is expounded including evolution of the legislative in task as well as exposition of the legislation in force. The core of this Dissertation Thesis constitutes detailed analysis of sanctioning of legal persons. Attention is payed not only to stipulations on sanctioning of legal persons included primarily in the Czech Act on Criminal Liability of Legal Persons and Proceedings against Them, but above all the attention is drawn to suggestions on legislative changes de lege ferenda in relation to sanctioning of legal persons. The Author suggests incorporation of new sanctions such as pecuniary punishment against registered capital or supervision over legal entities executed by insolvency administrators or for example integration of a new provision covering mitigating and aggravating circumstances related specifically to legal persons. This Dissertation Thesis also covers current statistics regarding the imposition of sanctions on legal persons and draws interesting...
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Criminal Aspects of Corruption
Galovcová, Ingrid ; Tlapák Navrátilová, Jana (advisor) ; Ivor, Jaroslav (referee) ; Vokoun, Rudolf (referee)
This doctoral thesis deals with the selected criminal aspects of corruption pointing out the possibilities to sanction its most severe forms by means of the Czech criminal law. From the substantive point of view, the core of the thesis is the analysis of the bribery crimes and the thorough analysis of their selected elements, which can bring about interpretative and related application problems. It also refers to the issue of corruption in the private sector and the manner in which the Czech national legislation of corruption crimes copes with a requirement for its sanctioning, which follows from international commitments. In terms of procedural aspects, the thesis focuses on certain particulars of detection, investigation and evidence procedure relating to corruption criminality. Corruption criminality is regarded as latent criminality and in its most serious forms it is also connected to organized crime, which consequently requires application of specific means and methods in criminal procedure. However, in the course of their realization they are predominantly connected with an interference with individual's fundamental rights, so, as a reaction to that, a consistent legislation of conditions for their realization ought to be adopted. The thesis points out the shortcomings or problematic...
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Criminal Law Instruments Against Organized Crime
Danková, Katarína ; Jelínek, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee) ; Ivor, Jaroslav (referee)
This doctoral thesis is concerned with an in-depth analysis of organized crime under criminological and criminal-law aspects, taking an approach that recognizes organized crime as a multi-faceted, dynamically changing category. The importance of this issue derives, firstly, from the grave threat to society which it represents and, secondly, from the on-going international and domestic discussions of the need for better tools to eradicate it. The first part of this work conveys the nature of organized crime, and based upon an understanding of the modern forms of organized crime raises and reappraises the important substantive-law questions of its criminalization and punishment. Organized crime is inseparably associated with the most controversial institutions of procedural criminal law, namely, the institutions of the cooperating accused person, informers, agents provocateurs, and the protected witness, which in the fight against organized crime represent a serious challenge for the fundamental principles of procedural criminal law. A theoretical analysis of these issues follows, which, together with a look on the consequences of the imperfect current Czech legislation being applied in practice, highlights the need for reappraisal and reform of the current laws. The thesis takes a critical,...
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