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Imposing punishments on adults
Nechanická, Kristýna ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Imposing punishments on adults Abstract My diploma thesis deals with the issue of imposing punishments on adult persons. This thesis attempts to cover a very broad range of issues related to the topic and to provide readers with a clear and comprehensive overview. For this purpose, this thesis is presented in four main consecutive parts, each divided into several subchapters. The first chapter briefly introduces the history of punishment and the individual historical criminal codes used in the area of the present-day Czech Republic from 1787 to now. The second chapter begins with a definition of punishment. This term is closely associated with the purpose of punishment, which is harder to define due to the lack of a clear definition in currently applicable legislation. This is why this chapter also deals with the theory of punishment and its purpose. The cornerstone of this thesis comprises the explanation of the main principles governing the imposition of punishment that is provided in the third chapter. This part is rather extensive in scope as it explains general principles, determining the type and the scope of punishment, as well as mitigating and aggravating circumstances and the closely related exclusion of double punishment. Given the current circumstances, I also touched upon punishments imposed...
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The crime of fraud pursuant to Section 209 of the Criminal Code
Marešová, Markéta ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
The crime of fraud pursuant to Section 209 of the Criminal Code Abstract The topic of this Diploma Thesis is the crime of fraud pursuant to Section 209 of the Criminal Code. The crime of fraud is one of the property crimes, a category of offences with a high share in total crime in the Czech republic. The Diploma Thesis provides a comprehensive overview and analysis of the substance of the offence of the crime of fraud and focuses on problems present in today's application practice. The Thesis is divided into seven logically arranged parts. The first part briefly describes the historical development of the crime of fraud from early feaudalism to post-1989 development. The second part of the Thesis addresses current legislation governing the crime of fraud, it opens with a general classification of property crimes and continues with an analysis of the constituent elements of the crime of fraud. From the objective point of view, the issue of determining the amount of damage, the importance of the injured party's ability to avoid mistakes and the possibility, or impossibility, to commit the crime of fraud by luring debt are more discussed. This part also includes a chapter dealing with the continuation of the crime of fraud and a chapter dealing with the principle of subsidiarity of criminal repression, as it...
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Punishment of disqualification and its control
Marková, Michaela ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
This thesis focuses on disqualification punishment in all of it phases. Its main objective is to provide the detailed insight into imposing this punishment. It also tries to answer the question whether the disqualification can be considered one of the alternative punishments or not. At first, general issues of sentencing and purpose of penal law are researched, including Czech penal system. As a next subject of the research, punishment of disqualification is analyzed: from substance and purpose of punishment, through conditions upon which it can be imposed, phases subsequent to imposition (execution of sentence, supervison of execution) to conditional suspension of sentence. Separate chapters try to explicate disqualification from driving motor vehicles, sentencing of youth offenders and legal entities. Extra chapter is dedicated to historical development of the institute. Comparation with legislation of some of the European countries is also included.
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Assistance to victims of crime
Novotná, Anna ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
Assistance to victims of crime Abstract This master's thesis deals with the assistance to crime victims and it is divided into seven chapters. The first chapter is devoted to the theory of victims and defines its basic terms such as primary and secondary victimization. It also describes the history of the victim and points out the most common stereotypes in the area of attitude to victims. The main part of the thesis describes the legislation. It deals particularly with the Victims of Crime Act which strengthened the victim's position in criminal proceedings and extended their rights. The aim of the thesis is to analyze the definitions of the victim and the vulnerable victim that are contained in the act. Consequently, the purpose is to compare the terms of the victim as a subject of a special care and the injured party as a subject to criminal proceedings. The fourth chapter thoroughly analyzes the six fundamental rights of the victim, which are enshrined in the Victims of Crime Act. The thesis points out that the right to information, which on the other hand means an information duty for the Police of the Czech Republic, law enforcement authorities and entities registered in the register of aid providers, is not pursued sufficiently. The police authority provides victims with the police caution of several...
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Compensation for non-material damage in the event of injury and death in collateral proceedings
Dolejšová, Tereza ; Tejnská, Katarína (advisor) ; Mulák, Jiří (referee)
1 Abstract Compensation for non-pecuniary harm in the event of personal injury and death in collateral proceedings The topic of the diploma thesis is the issue of compensation for non-pecuniary harm in the event of personal injury and death in collateral proceedings. This issue is currently often debated due to, among other reasons, a change in the legal regulation of compensation for pecuniary and non-pecuniary harm effective from January 1, 2014. The specificity of this subject lies in the combination of two legal branches - criminal and civil law, as collateral proceedings are part of criminal proceedings and decide on claims which are of a civil nature. The thesis deals with the criminal law institutes of the injured party and the collateral proceedings themselves. An extensive space is then devoted to the private law regulation of compensation for non-pecuniary harm in the event of personal injury and death, especially in accordance with Sections 2958 and 2959 of the Civil Code with regard to legal practice and court decisions. The aim of this work is to describe and evaluate the legal regulation of compensation for non-pecuniary harm in the event of personal injury and death and the procedural possibilities of the injured party to attain this private law claim in criminal proceedings. With regard to...
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Contradictority in Criminal Proceedings
Vích, Jaroslav ; Mulák, Jiří (advisor) ; Pelc, Vladimír (referee)
IN ENGLISH The purpose of my thesis is to provide an analysis of contradictority in criminal proceedings, particularly the evaluation of contradictority that is protected in penal code and its manifestation within preliminary proceeding and proceeding in court. This thesis tries to summarize the concept of contradictority in criminal proceedings and take the preparation of reform in penal code into consideration. The second chapter defines fundamental differences between inquisitional and adversarial juridical system, from which current juridical system is formed, where the contradictority is applied with some distinctions in meaning. Furthermore, the reading and the concept of contradictority in juridical system in legal study of continental legal system particularly in domestic on is discussed. In this chapter it is also analysed how courts put reading of contradictority and its definition into practice. The final part consists of reform juridical system and its relation to contradictority, especially to its protection by the basic principles in criminal proceedings. Next chapter analyses the scope of the meaning of contradictority and trial principles are attached and used. It is divided according to the aim of the use more precisely it looks into the real condition of the case, defence law and...
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Subsidy fraud and damaging the financial interests of the European union (Section 260 of the Penal Code)
Nedvědová, Marie ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
1 Subsidy fraud and damaging the financial interests of the European union Abstract The thesis deals mainly with the definition and punishment of subsidy frauds within the framework of criminal law. At the same time, it also addresses some issues related to this crime, in particular the subsidiarity of criminal sanctions and the concurrence of this crime with other crimes such as the offense of damaging the financial intereststhe of the European union. The method of processing is mainly deduction and analysis, in the relevant parts induction, synthesis and comparison. The thesis is divided into three main parts. First, it deals with subsidies and subsidy fraud, explaining what a subsidy is and what action can be considered a subsidy fraud, and also clarifies some of the institutes associated with these terms, including budget rules, resources, and records. It also deals with what actions are associated with the crime of subsidy fraud. Thus, in the case of a subsidy fraud, it deals with its characteristics, its relation to other provisions of the Penal Code, the investigation and the imposition of punishment. In the next part, the thesis deals with the protection of the financial interests of the European Union, especially with the institutions and bodies, which are particularly focused at the protection of...
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Verification Procedure in Preliminary Proceeding
Čičatková, Simona ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
This thesis deals with the verification procedure, which is the first part of the preliminary proceeding and thus part of criminal proceedings. The introductory part of the thesis briefly covers basic instruments of the preliminary proceeding including the investigation phase whose knowledge is key to realize the position and importance of the verification procedure in the overall structure of the criminal proceedings. Bodies that are involved in the criminal proceedings are discussed including their definition, organization and determination of their competence in the verification procedure. The core of the thesis is divided into several parts that deal with the analysis of the verification procedure as well as activities that precede the formal beginning of the criminal proceedings. The ways are discussed by which bodies become aware of offences as well as the first steps of the police authority in the unofficial phase that precedes the criminal proceedings. The core part of the thesis also looks at the prosecutor's and especially police authority's powers that are typical of this phase and whose records are not directly admissible as evidence before court. On the other hand, exceptional cases are also discussed where the evidence must be executed in this phase with specific focus on the...
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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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Principle of Subsidiarity of Criminal Repression
Mulák, Jiří ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
in English The submitted rigorosum thesis comprehensively discusses one of the fundamental principles of criminal law - the principle of subsidiarity of criminal repression, a plane in doctrinal, legislative, judicial and comparative. The thesis is divided into nine chapters (including introduction and conclusion). The introduction is followed by the second chapter, which deals with the central concept of constitutional theory - a democratic legal state and its attributes. In this part are mentioned principles of law and the rule of law, to a lesser extent, they are then represented the principles of a democratic state. The third chapter is made of a treatise on the fundamental principles of substantive criminal law. First is the legal-theory, explained the concept of principle (principle), formulated relationship between basic principles and functions of substantive criminal law, indicated grading system of fundamental principles and in this context it briefly discussed the basic principles, which are both constitutionally subject (the principle of legal certainty , the principle of humanism, the principle of proportionality, the principle of individual responsibility towards the whole, nullum crimen sine lege) secondly, they are regulated at the level of ordinary law (principle of individual...
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