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Problems of the institute of custody
Hlaváč, Marek ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
v anglickém jazyce Problems of the institute of custody This thesis focuses on the problems of custody in the Czech legal system. This dilemma belongs to the branch of criminal law and is regulated by the Rules of Criminal Procedure. Custody is one of the penal provisory instruments. Custody serves to guarantee the attendance of the accused at criminal proceedings because the accused can be interested in the absent from the criminal procedure. It is a manifestation of coercive authority of body active in criminal procedure on the basis of the Rules of criminal procedure. The purpose of custody is to protect society or particular individuals from serious offences. An accused can only beput in custody if there are reasonable grounds for believing that he will attempt escape,affect witnesses, expert witnesses or co - defendants or that he will continue to commit acrime or perpetrate a further crime. According to these three situations we distinguish three types of custody namely runaway custody, collusive custody and preventive custody. Main focus of this thesis is to shine a light on problems that appeared during the time in the topic of custody. For this I used a statistical data from the institution that have something to do in procedure of the custody. Especially Prison service of the Czech...
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Counsel in the Criminal proceedings
Zaorálek, Ondřej ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
-1- Abstract Counsel in the Criminal Proceedings: The objective of our Diploma Thesis is to analyze the currently valid law governing the counsel's position in the criminal proceedings, to evaluate its sufficiency or insufficiency and to provide views and proposals in the sense of 'de lege lata' and 'de lege ferenda', focusing more in detail upon some partial aspects which are closely related to the counsel's position during the criminal proceedings. Good quality law system relating to the counsel's position in the criminal proceedings, his/her process rights and obligations is an assumption for meeting the criminal proceedings purpose and is reflected in the possibility to provide to the accused efficient legal counselling and thus meet the accused person's right of defence and fair trial (process) which is guaranteed by the Constitution. The counsel as an actor operating in the criminal proceedings plays a significant role in enforcing the rights and justified interests of the accused. The counsellor masters the legal argumentation, strategy and tactics of the defence, is able to better formulate ideas, to draw ideas from the experience gained in former law suits, whilst for the accused person his/her position is entirely new and unknown, many time it is the first experience in life. The competent counsel...
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Initiation of criminal proceeding
Jarolímková, Jitka ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The thesis is focused on the detailed unloading institute prosecution and concepts associated with it immediately. In the first chapter, I defined the rules pre-trial proceedings from the Austro-Hungarian Empire to the present day including some effective amendment to the Criminal Procedure Code. In the second chapter, I defined the concept of pre-trial proceedings, its importance and types. In the third chapter, I already paid closer examination of the section in the criminal proceedings before a resolution to initiate criminal prosecution. The fourth chapter focuses on the basic principles of criminal proceedings with a view to institute prosecutions. The focus of the work is the fifth chapter, which is elaborately described institute prosecution, its effects, form and meaning in criminal proceedings. It defines the essential terms of the resolution to initiate criminal prosecution. The sixth chapter provides practical examples drawn up a resolution on the prosecution, which in itself had a major defect or defects for which had to be canceled. The whole chapter is summarized statistics canceled order. In the seventh chapter discussed differences prosecution in the standard pre-trial and in specific types of criminal proceedings. The eighth chapter is the comparison of the current legislation...
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An agreement on guilt and punishment
Pišvejc, Lukáš ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The aim of my diploma thesis is to deal with recently enacted institute named agreement on guilt and punishment which was incorporated to the Code of Criminal Procedure by Act No. 193/2012 Coll. This Act also widen field of application of existing alternative procedures. The aim pursued by legislator is to achieve the increase of effectivity of criminal proceedings in the Czech Republic. My diploma thesis is divided into three main chapters. In the first chapter can be found presentation of existing alternatives procedures in the czech criminal proceedings with accent to the changes made by Act No. 192/2012 Coll. At the end of the first chapter there are statictical records showing the use of particular alternative procedures. In the second chapter I present and analyze the agreement of guilt and punishment. This chapter contains definition, history of evolution and conditions of use of the agreement of guilt and punishment. In the last chapter we can find comparison of the agreement of guilt and punishment to french institute named la Comparution sur reconaissance préalable de culpabilité which aims to provide inspiration for potential future changes of this procedure.
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Crime relating to the abuse of addictive substances
Smižanská, Magda ; Vokoun, Rudolf (advisor) ; Jelínek, Jiří (referee)
Introduction 1. The drug, an addictive substance, drug addiction and certain further relevant terms 2. Overview of the classification, evolution, characterization and effects of particular illegal drugs 3. Drug scene in the Czech Republic in and the drug phenomenon in the European context 4. Drug-related crime in the light of the offender 5. The legal regulation related to substance abuse 6. Prevention and the drug policy in the Czech Republic Conclusion Abbreviation list Used literature list Appendix list Appendix Summary
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The issue of juvenile criminal justice
Salmonová, Tereza ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
This thesis mainly deals with the procedures concerning the youth and children under fifteen years old, including the procedural status of subjects according to Act No. 218/2003 Coll. Youth on liability for unlawful acts of Juvenile Justice and amending certain acts (Act on Juvenile Justice), but the Act No. 40/2009 Coll., Penal Code. Introduction of this thesis is the historical development, both within Austria-Hungary or the Czech Republic after 2003. Its cross section is the interpretation of certain key concepts and principles that are essential to the interpretation and practical application of the Act itself. The chapter on the Institute diversions could not be omitted in this thesis. Using detours is still a new phenomenon for Czech criminal law and in the practice of law is still used less (unlike the penalties associated with imprisonment). It is mentioned both in the general characteristics of control over juveniles and children under fifteen years old, protection of private adolescents with an emphasis on the provision of information in cases, where the perpetrator or victim of the offense is a person under the age of fifteen years old. Here the emphasis is on whether such a procedure does not violate the constitutional right to a public hearing. The thesis is also devoted to the...
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Criminal Corporate Liability
Bohuslav, Lukáš ; Jelínek, Jiří (advisor) ; Záhora, Jozef (referee) ; Sváček, Jan (referee)
The Criminal Corporate Liability The definition of legal person is not outlined in criminal law, but can be found in Section 18, Subsection 2 of the Civil Code. Corporate criminal liability is then a concept that has been newly introduced to the Czech statutory criminal law, what has caused a certain intrusion of the system of basic principles of criminal law, mainly the principle of individual criminal responsibility. The term "imputability" appears, which means that a conduct of agents or other persons designated in the Act on Criminal Liability of Legal Persons and Proceedings Against Them (further as "the Act") can be imputed to a legal person, if the physical person is culpable for the conduct and the conduct causes imputability of the criminal offence to the legal person. Intensive discussions on necessity and suitability of implementation of the concept of corporate criminal liability into the Czech legal system had preceded the adoption of the Act in 2011. Such discussion can now be considered as overcome, as it is obvious that the Czech Republic has opted for the direction towards the "true" corporate criminal liability. Arguments for and against the adoption of the Act can nevertheless help to better understand the concept itself, as well as the context in which it has been introduced. It...
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Criminal liability of legal persons in terms of trading companies
Dolanský, Pavel ; Jelínek, Jiří (advisor) ; Herczeg, Jiří (referee)
A B S T R A C T Act No. 418/2011 Coll., on criminal liability of legal persons and proceedings against them, brought to the Czech law major changes. The possibility of the direct criminal sanctions, concerning especially any trading companie means to them new current need for early resolution of the internal and external risks. The content of this law is in some parts of the complex and therefore requires a more detailed comment, which must relate to the provisions of the Criminal Code and Criminal Procedure Code and other broader context. This work therefore attempts to be a first comprehensive look at this new and specific legal issues right from their point of view in order to be for them a possible guide to action in different situations.
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A victim of domestic violence and the possibilities of the victim's protection under criminal law
Vaněčková, Jana ; Jelínek, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
Rigorous work deals with the current topic of domestic violence. Specifically, it deals with victims of domestic violence and protection capabilities, it offers the criminal law. The paper summarizes the most important concepts. It also discusses the particular criminal matters, where it focuses mainly on the catalog of offenses which may be committed in this context. In the section on criminal procedural law is analyzed status as victims of domestic violence victim in criminal proceedings. The thesis also deals with the issue of sanctions in relation to domestic violence, and last but not least is omitted or to the domestic violence in relation to children. Also shown is the phenomenon of stalking, which is in close relation to domestic violence. All these areas I have tried to critically evaluate in terms of whether their treatment is to protect victims of domestic violence are sufficient or whether it warrants a change.
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Stages of the Commission of Crime under the Czech Penal Code and the Model Penal Code
Maternová, Tereza ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The master's thesis provides a rare insight into the issue of stages of the commission of crime from the perspective of two different legal systems through a comparison of the 40/2009 Coll., Penal Code's and the Model Penal Code's provision on criminal attempt in all its major aspects. The purpose of such comparison is to identify the most important differences between the two approaches, to assess the quality of the Czech Penal Code's arrangement and to consider any de lege ferenda suggestions arising for the Czech Penal Code from the detected distinctions. Such is provided through a thorough analysis of the Czech relevant legal framework, an analysis of the major relevant aspects of the Model Penal Code and a following scrutiny of the differences discovered. Powered by TCPDF (www.tcpdf.org)
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