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The issue of life imprisonment
Polívková, Michaela ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
The topic of this thesis is the issue of the life imprisonment and the main aim is to analyze this punishment in Czech legal environment and to point the possible improvements that could be done in this legal area. Since this kind of punishment has been involved in Czech system of punishments for only 24 years now, it gives enough space for its study and that is why I chose it as the topic of my thesis. This thesis consists of six main chapters. In the first one my task was to enlighten the meaning of the basic terms which are necessary to apprehend in order to be able to understand the problematic of punishments in general. Other half of this chapter is dedicated to the evolution of understanding the term "punishment" itself and the main opinions of the prominent philosophers such as Cesare Beccaria, Ch.L.Montesquieu, J. Locke and others. Second chapter describes the history of the highest penalty and criminal law in general in Czechoslovakia and Czech Republic in the years 1918 - 2009. In this period of time the significant historical events influenced the Czech law, especially the creation of independent Czechoslovak republic, the period of World War II, consequential rise of communism and its fall more than 50 years later..All of these events had main significance for the journey to death...
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The developement of the body of public prosecution between 1848-1952
Polívková, Michaela ; Adamová, Karolina (advisor) ; Soukup, Ladislav (referee)
The history of the body of public prosecution on the Czech territory has its roots in the late middle age. First prosecutor was named by the king Zikmund in 1437 and his main task was to help the king to regain the property he had lost during the religious wars. As the time was passing by, the king's prosecutor's agenda was slowly expanding. Soon he became authorized to pursue the perpetrators who committed crimes such as manslaughter, murder, heresy, offence of the king or counterfeiting. However with the succession of Habsburg dynasty his role has weakened since the crime proceeding got back to the principle of inquisitorial process which accumulates the role of judge, advocate and prosecutor in one person. In the revolution year of 1848 the Habsburg monarchy was forced to reorganize the justice system due to massive political protests. At the very same year the first public prosecution offices were founded in order to pursue crimes committed in relation with press. In 1850 the competence of state prosecutor expanded - from now on he was authorized by the law to prosecute all crimes that were to be tried in front of the court of justice and to represent the indictment in front of it. The strict hierarchy was given and it copied the judicial system. The exception was at the district courts - there...
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The issue of life imprisonment
Polívková, Michaela ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
The topic of this thesis is the issue of the life imprisonment and the main aim is to analyze this punishment in Czech legal environment and to point the possible improvements that could be done in this legal area. Since this kind of punishment has been involved in Czech system of punishments for only 24 years now, it gives enough space for its study and that is why I chose it as the topic of my thesis. This thesis consists of six main chapters. In the first one my task was to enlighten the meaning of the basic terms which are necessary to apprehend in order to be able to understand the problematic of punishments in general. Other half of this chapter is dedicated to the evolution of understanding the term "punishment" itself and the main opinions of the prominent philosophers such as Cesare Beccaria, Ch.L.Montesquieu, J. Locke and others. Second chapter describes the history of the highest penalty and criminal law in general in Czechoslovakia and Czech Republic in the years 1918 - 2009. In this period of time the significant historical events influenced the Czech law, especially the creation of independent Czechoslovak republic, the period of World War II, consequential rise of communism and its fall more than 50 years later..All of these events had main significance for the journey to death...
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