|
|
Secondary victimization of victims of sexual offenses
Valešová, Kristýna ; Musil, Jan (advisor) ; Tejnská, Katarína (referee)
Secondary victimization of victims of sexual offenses Abstract The submitted rigorous thesis on the topic of secondary victimization of victims of sexual offenses aims to acquaint its readers with the issue of secondary victimization, especially in relation to particularly vulnerable victims of sexual offenses. The thesis introduces the basic concepts important for the issue and then focuses on secondary methods of victimization of rape victims and child victims of sexual offenses, while also discussing specific options for preventing and alleviating secondary victimization of these victims. The thesis also contains a section devoted to opportunities to help these victims. The thesis is divided into an introduction, five chapters and a conclusion. In the introductory chapters of the thesis, there is a focus on the basic terms of victimology, as understanding these terms is necessary for further content of the thesis, such as victim, its legal regulation and the evolution of victims' rights in the Czech Republic, victimology, victimization and the division of individual types of victimization, harm and victimity. The main part of the thesis is devoted to the secondary victimization of rape victims and characteristics of the crime. This part mostly focuses on various ways in which the rape victim can be...
|
|
|
Criminal Liability of Legal Entities
Bureš, Richard ; Bohuslav, Lukáš (advisor) ; Tejnská, Katarína (referee)
In the thesis titled Criminal Liability of Legal Entities, the author focuses on the introduction of a relatively new institute (set of laws) of Legal Entities' criminal liability. This was introduced into the Czech legal system by Act No. 418/2011 Coll. on Criminal Liability of Legal Entities and proceedings against them taking effect from 1st January 2012. The whole thesis is divided into 13 chapters, in which the topics related to the regulation of Criminal Liability of Legal Entities are discussed in detail. An emphasis is placed primarily on the substantive aspects of the Act on Criminal Liability of Legal Entities ("the Act"). The beginning of the work describes historical development of the institute of Criminal Liability of Legal Entities in continental Europe and countries governed by common law. Subsequently the thesis focuses on the adoption of the Act in the Czech Republic. Czech Republic is among one of the last countries in the European Union to adopt the Act. The thesis also focuses on the analysis of the basic substantive provisions of the Act. Furthermore, the author elaborates on the extent of criminalization of the Legal Entitys' actions, the institute of imputability of a criminal offense to a legal entity or the possibility of depriving a legal entity of criminal liability. The...
|
|
|
The Position of the Public Prosecutor in Criminal Proceedings before the Court
Schneider, Jakub ; Tejnská, Katarína (referee)
The position of the public prosecutor in criminal proceedings before the court Abstract The presented rigorous work provides a comprehensive overview analyzing the position of the public prosecutor in criminal proceedings before the court. Significant attention is paid to selected partial aspects, the significance of which fundamentally determines the position of the public prosecutor in court. The processed overview is then supplemented in appropriate places by considerations de lege ferenda. The logical work is divided into five chapters, which form five parts. The first part is devoted to the historical development of public prosecution, the understanding of which is necessary due to the historical interconnectedness, which had a direct impact on the current form of the public prosecution body in the form of the public prosecutor's office system. The second part of the thesis provides an insight into the position of the public prosecutor's office in the Czech legal system, which is characterized by considerable legal fragmentation. Within this chapter, the shortcomings of the constitutional anchoring of the Public Prosecutor's Office under the executive branch were also pointed out, which has a direct negative impact on the independence of the Public Prosecutor's Office, the regulation of which is also...
|
|
|
Cooperating Defendant
Stýblová, Hana ; Tejnská, Katarína (advisor) ; Beranová, Andrea (referee)
COOPERATING DEFENDANT Abstract The aim of the thesis is to present and analyse the current legislation of the cooperating defendant in the Czech Republic. The thesis is divided into 6 chapters. The first part is focused on defining the terms crown witness and cooperating defendant. In the second chapter, the author deals with organized crime, because the main purpose of the institute of a cooperating defendant is to combat this phenomenon. The third chapter describes the current legal regulation of the institute of a cooperating defendant. The changes made by Act No. 333/2020 Sb. with effect from 1st October 2020 are also mentioned. The last part of this chapter is devoted to the issue of protection of a cooperating defendant in the Czech legal system. In the fourth chapter, the problematic points of the current legislation are highlighted and are followed by the de lege ferenda considerations. The fifth chapter deals with available data regarding the use of the institute of cooperating defendant in practice, i.e. specifically the frequency of use of this institute, in which crimes it occurs the most and what punishments are imposed on cooperating defendants. In the last chapter, the author deals with the institute of a cooperating defendant in the Italian legal system. It describes the legislation of the...
|
|
|
Criminal law aspects of police provocation
Šulda, Pavel ; Tejnská, Katarína (advisor) ; Šelleng, Dalibor (referee)
1 Criminal law aspects of police provocation Abstract in English This diploma thesis deals with definition of possibly the most exact limit between legal entry of prosecuting authorities to the factual act of the crime and inadmissible police provocation. Following this determination of the limits, which is the main aim of the thesis, it gives the tightest definition of police provocation, it solves possible criminal law consequences of police provocation and it brings a brief analysis of admissibility of further forms of behaviour that can result in an intention of other person to commit a crime. For this purpose the thesis is divided into 4 chapters. The first chapter deals with the problem of police provocation in a broader context of fight against organized crime. It is highlighted the necessity of really careful consideration of the tools and the amount of their usage when fighting organized crime so that their deployment means tolerable rate of interference with human rights and freedoms. The second chapter follows, which deals with general introduction of tools used to fight not only organized crime. These are operational and investigative acitons and supportive operational and investigative actions, using which there most often comes to police provocation. In case of operational and investigative...
|
|
|
The Role of a Public Prosecutor in Criminal Proceedings
Devodier, Vendula ; Tejnská, Katarína (advisor) ; Beranová, Andrea (referee)
The title of this diploma thesis is "The Role of a Public Prosecutor in Criminal Proceedings". In the Czech Republic, it is Public Prosecution that is granted the right by the Constitution to prosecute criminal offenses on behalf of the country. Activities arising from this right are the main duties of a public prosecutor. The aim of this thesis is therefore to describe said activities. It is done so chronologically with regard to the different phases of criminal proceedings. Other goals include trying to find problematic areas of the laws that govern public prosecutors, trying to come up with possible reasons behind them and proposing their solutions. This thesis also contains comments on some of the recent changes in the rules governing public prosecution. The first chapter of this thesis contains a brief history and evolution of public prosecution in Central Europe and in the Czech lands as the author believes it is a very useful introduction to public prosecution and its role in criminal proceedings today. Chapter two of this thesis deals with the laws governing public prosecution. First, the Constitution is mentioned including its article 80 and its problematic placement within the Constitution. The author then talks about other significant laws from which all duties of public prosecution...
|
|
|
Position and competence of High Public Prosecutor's office in Czech criminal proceedings
Janatová, Denisa ; Tejnská, Katarína (advisor) ; Beranová, Andrea (referee)
The main purpose of this Diploma thesis is to determine the posititon of High Public Prosecutor's office within the Public Prosecutor's office system, especially considering its many times proposed abolition. The thesis deals with historical development of Public Prosecution in the Czech lands that should determine if High Public Prosecutor's office is considered as new institute or if it was part of the system for a long time. The thesis also deals with constitutional regulation of Public Prosecution and statutory regulation of High Public Prosecutor's office in Act on Public Prosecution's office, Code of Criminal Procedure and in regulation no. 283/1993, on Rules of Procedure of Public Prosecutor's office. The thesis also mentions Agreement on the selection and career advancement of Public Prosecutors closed between Chief Public Prosecutors and Ministry of Justice and several General Instructions of the Prosecutors General that specify statutory regulation of High Public Prosecutor's office. The Diploma thesis also describes relationships within the Public Prosecutor's office system including the institute of supervision and internal organization of High Public Prosecutor's office, especially Department of serious economic and financial crime. The thesis is also focused on competence of High...
|
|
|
Problems of Public Prosecution
Scheithauerová, Zuzana ; Tejnská, Katarína (advisor) ; Beranová, Andrea (referee)
The Diploma thesis deals with problems of Public Prosecution with a focus on Public Prosecution in the Czech Republic. The main purpose of this thesis is to provide information about current condition of Public Prosecution and perform analysis of selected problems. The thesis is divided in to three chapters. The first chapter briefly introduces historical development of bodies of Public Prosecution. The second chapter is devoted to Public Prosecution in the Czech Republic, its legislation, organization, position and role. Knowledge of functioning of Public Prosecution is a necessary prerequisite for understanding the problems that are analyzed in this thesis. The conclusion of the chapter contains a comparative comparison with Public Prosecution in Poland, Finland, Italy and Slovenia. The third chapter is a major part of this thesis and analyses selected problems of Public Prosecution. The aim of this thesis is to search for possible solutions of these problems. The first problem is the constitutional framework of Public prosecution. Subsection of a chapter describes and evaluates possible frameworks of Public Prosecution in the Constitution of the Czech Republic. The second issue is statutory regulation of Public Prosecution and prepared amendments. This subsection of a chapter analyses the act of...
|
|
|
Urgent and unrepeatable acts
Kučera, Petr ; Tejnská, Katarína (advisor) ; Galovcová, Ingrid (referee)
and keywords Urgent and unrepeatable acts Urgent and unrepeatable acts are procedural acts of criminal proceedings in which there is a conflict between the rights of the defense with the purpose of criminal proceedings consisting in the lawful determination of the circumstances of the commission of a crime and in the fair punishment of its perpetrator. This conflict is tolerated because urgent and unrepeatable acts are used to secure and take evidence that risks being thwarted, destroyed or lost, or evidence that cannot be taken in court proceedings. The aim of this work is to describe and analyze the conditions under which these, by their nature exceptional, acts of criminal proceedings can be performed and to analyze the consequences of non-compliance with these conditions. To this end, the first chapter described the structure of criminal proceedings with a focus on the structure of preparatory proceedings and analyzed the definition of urgent and unrepeatable acts, provided some typical examples and an analysis of the problematic definition of urgency. In the second chapter, in addition to the general conditions of evidence, the formal and material conditions for performing urgent and unrepeatable acts were analyzed, including the question of whether some additional conditions imposed on...
|
|
|
The Public prosecutor in proceeding before the court
Kotoun, Adam ; Tlapák Navrátilová, Jana (advisor) ; Tejnská, Katarína (referee)
The public prosecutor in the proceeding before the court Abstract The thesis is primarily focused on the position, role and competence of the public prosecutor before the court. The aim of the thesis is, among others, to provide potential readers with a relevant piece of information for treatise of the system of the public prosecutor's office, circumstances of its origin and development or legal entrenchment as well as competences defined by law, both criminal and non-criminal. The thesis primarily deals with the competence of the public prosecutor in the proceeding before the court, and that is not only in the terms of current legal status, but also from the perspective of possible legislative changes in the future. By means of this the partial issue of criminal proceedings is defined and subsequently analysed. Furthermore, it is followed up by some of the aforementioned difficulties resulting from the legal regulation of the Code of Criminal Procedure, which could become the subject of legislative changes in this area of law in the future. In a broader sense, the reference is made to the fact that it should be in the general interest of the public prosecution to exercise its competences in a way which is acceptable in countries that support the doctrine of the democratic rule of law of the 21st century....
|
guest ::
