|
|
Diversions in criminal proceedings
Daňková, Jana ; Tlapák Navrátilová, Jana (advisor) ; Mulák, Jiří (referee)
Diversions in criminal proceedings Abstract The topic of the thesis is diversions in criminal proceedings which have been firmly rooted in the Czech legal system for many years but there is still space for their development as the amendment to the Criminal Procedure Code from 2020 has shown. The thesis is devoted to diversions in criminal proceedings in their broader concept, which includes conditional discontinuance of criminal prosecution, settlement, criminal order, conditional postponement of filing a motion for punishment, postponement of the case with simultaneous approval of settlement, agreement on guilt and punishment and finally withdrawal from criminal prosecution in the case of juvenile offenders. The first and the second part of the thesis is rather theoretical and focuses on the explanation of the very concept of diversions in criminal proceedings, their purpose for criminal proceedings and their significance for the Czech legal system as well as on the systematics of diversions in criminal proceedings for better orientation and explanation for other parts of the thesis. The third part is then devoted to the history of diversions in criminal proceedings, in particular, it explains by what law and for what purpose the given diversion was included in the Czech legal system and how diversions in...
|
|
|
The issue of life imprisonment
Svatoňová, Olga ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
The aim of this thesis is to present a comprehensive view of a rather complicated issue of life imprisonment, mainly from legal perspective. It also deals with some psychological and sociological aspects which accompany long-term imprisonment. Life imprisonment is the highest sanction which is regulated in the legal system of the Czech Republic. It is imposed only in case of enumerate crimes and on the conditions stated in the penal code. Life imprisonment has been the highest sanction in our legal system since the year 1990 when it replaced death penalty which is not in accordance with principles of a democratic legal state. Similarly to death penalty, life imprisonment also has many opponents and is connected with many problems and questions. The thesis tries to define some of these problems and to bring as many findings as possible, so that everybody can make their own opinion on this issue. The thesis consists of seven chapters which are then divided into subchapters. After the brief introduction, there is the first chapter which covers the penalty as such. It delimits the term and purpose of the penalty, explains how the penalty is understood, what the terms individual and general prevention mean. The chapter also includes an interpretation of the penalty system. The second chapter covers a...
|
|
|
Women's Criminality and Criminality against Women
Zárubová, Petra ; Tlapák Navrátilová, Jana (advisor) ; Mulák, Jiří (referee)
Women's Criminality and Criminality against Women Abstract The topic of the present rigorous thesis is women's criminality and crime against women, i.e. two different views of women, first as perpetrators of crime and then as victims. Although women represent more than half of the population, the topic of women's criminality is not given as much attention as that of men or other population groups (e.g. juvenile delinquency). Thus, women are perceived as victims of crime rather than as perpetrators of crime. The second part of the thesis is devoted to the topic of women as victims of crime, as this is still a very topical issue at present. The aim of the thesis is to give a picture of both types of crime, to give their specifics, to describe their causes and to focus on possible repressive and especially preventive measures that can be used to suppress or prevent this type of crime. At the same time, the work aims to compare the information found with foreign legislation (Germany), to point out the shortcomings of the current legislation and any current problems, and to outline possible changes or proposals for de lege ferenda regulation of the issue. In the introductory chapter, the thesis first defines the basic criminological concepts used in the following chapters, such as the concept of crime itself,...
|
|
|
Crime Prevention
Marková, Leona ; Tlapák Navrátilová, Jana (advisor) ; Bohuslav, Lukáš (referee)
1 Crime Prevention - Abstract - keywords Abstract The thesis analyses in theoretical terms the topic of crime prevention as one of the two strategies of crime control, as opposed to the other strategy, which is criminal repression. It highlights the priority position of prevention in relation to other methods that can be used to tackle crime in society. It focuses on the theoretical definition of the basic concepts and their meaning with regard to crime prevention, then presents the systematic classifications most commonly present in academic literature, followed by a more detailed look at the breakdown by level and by the content of crime prevention. The system of crime prevention in the Czech Republic is also briefly presented, the effectiveness of which has an impact on the success of the state's crime prevention policy. Furthermore, the thesis focuses on understanding the causes and conditions of juvenile delinquency. In the current dynamic world, young people have a high potential to apply changes in society and influence crime rates. In addition, easy access to modern technology can affect a person's life in many aspects, therefore the topic of cybercrime is also discussed. Moreover, the topic of personal development is studied, particularly in the areas of sports, martial arts, and self-defence....
|
|
|
Conditional discontinuance of criminal prosecution
Háček, Vít ; Bohuslav, Lukáš (advisor) ; Tlapák Navrátilová, Jana (referee)
This diploma thesis deals with individual aspects of conditional discontinuance of criminal prosecution, with a focus on their practical application. The thesis also deals with the advantages of conditional discontinuance of criminal prosecution and its comparison with the agreement on the guilt and punishment, which has undergone a significant renewal in recent years and can be expected to become much more widely used in practice. In its introductory part, this diploma thesis deals with the definition of individual diversions, their position in the criminal law system and their partial comparison. All this is done in relation to the ideas on which some of the diversions in particular are based, i.e. the ideas of so-called restorative justice. This concept emphasizes the settlement of relationships, reparation over repression, and more. In the second part, i.e. the subject part, the diploma thesis deals individually with all the conditions necessary to achieve a conditional discontinuance of criminal prosecution. In practically all of these points, the emphasis is on practical application, and the definition of these terms is as specific as possible so that conclusions can be drawn as to the specific situation in which it is possible to achieve this institution and when, on the contrary, it will...
|
|
|
Participation of the defense attorney in the preliminary proceeding
Francová, Lucie ; Heranová, Simona (advisor) ; Tlapák Navrátilová, Jana (referee)
Participation of the defense attorney in the preliminary proceeding Abstract The right of defense is one of the most important fundamental rights of a person against whom criminal proceedings are conducted. It can be defined as a set of rights which the law gives to a person in order to enable him or her to defend himself or herself effectively against the charges brought against him or her and to protect his or her rights and interests in criminal proceedings. The person against whom criminal proceedings are brought must be clearly informed of his or her rights at every stage of the proceedings and must be able to exercise them fully. The right of defense consists of several components. It includes the right to defend oneself in the proceedings by the means of one's own choice, the right to choose a defense attorney and to consult him on the manner of defence, and the right to require the criminal proceedings authorities to proceed in such a way as to establish the facts of the case beyond reasonable doubt and to the extent necessary for a decision. This diploma thesis is divided into an introduction, three parts and a conclusion. The first part of the diploma thesis deals with the legal regulation of the right of defense and the content of the principle of the right of defense. The second part of the...
|
|
|
House arrest punishment, its execution and control
Balík, Tomáš ; Tlapák Navrátilová, Jana (advisor) ; Tejnská, Katarína (referee)
House arrest punishment, its execution and control Abstract This diploma thesis deals with the punishment of house arrest as an alternative to imprisonment and its enforcement and control. Its main objective is a comprehensive analysis of the effective legislation. A sub-objective is to take a closer look at the control of the execution of the sentence of house arrest, to explain the essence of electronic monitoring and, among other things, to try to find out what has caused this punishment to be imposed relatively infrequently despite the active operation of the electronic monitoring system. Last but not least, the author attempts to evaluate the current legislation and present solutions to the identified problems. In addition, he provides insights into house arrest in selected foreign jurisdictions. The structure of the thesis is divided into six chapters, apart from the introduction and conclusion. First, some terms that are closely related to the punishment of house arrest are defined, namely the concept of punishment and its purpose, the system of punishment and alternative punishments. The next section provides a brief outlook on the history of house arrest sentencing and monitoring, with increased attention to the history of electronic monitoring. The next part thoroughly discusses the legal...
|
|
|
Compensation for non-material damage in the event of injury and death in collateral proceedings
Kunclová, Lucie ; Tejnská, Katarína (advisor) ; Tlapák Navrátilová, Jana (referee)
Compensation for non-material damage in the event of injury and death in col- lateral proceedings Abstract This thesis explores compensation for non-material damage in the event of injury and death within the context of criminal proceedings. The thesis is divided into five chapters. The first chap- ter focuses on the concept of the injured party, its definition, its role in criminal proceedings, rights, and obligations. Additionally, it delves into the assessment of the injured party's needs and goals in the context of criminal proceedings. The second chapter deals with the institution of collateral proceedings, providing a definition and describing its course. The third chapter focuses on the issue of non-material damage in the event of injury, the calculation of compensation, the court's procedure in the calculation, and the development of case law. The next chapter discusses the compensation for injury in case of death, the conceptual definition of individual claims, the range of persons compensated, and the proposal to expand it. The fifth chapter focuses on selected prob- lems related to compensation for non-material damage in personal injury and death within the framework of criminal proceedings. Despite some changes in favour of victims, there are still shortcomings both in legislation and in...
|
|
|
The Concept of a criminal offence in the Czech Criminal Code
Novotný, Pavel ; Jelínek, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
The Concept of a criminal offence in the Czech Criminal Code Abstract The diploma thesis examines the concept of a criminal offence in Act No. 40/2009 Coll., the Criminal Code. With the enactment of the new Criminal Code, a transition from a formal- material concept of a criminal offence to a formal concept has been made. With the enactment of Act No. 40/2009 Coll., the Criminal Code, the recodification work, which had lasted almost twenty years, was completed. The most discussed topic at the time of the preparation of the Criminal Code was precisely the concept of a criminal offence. The first chapter of the thesis introduces the general regulation of the concept and conception of a crime in separate and combined form and the most important terms related to the criminal offence. The second chapter presents the development of criminal law in the Czech lands from the 19th century beginning with the Code of Crimes and Serious Police Offences, through the preparation of the outlines of the Criminal Code in 1926 and 1937 up to the Criminal Act No. 140/1961 Coll. The third chapter presents the situation after 1989 on the way to the new penal code. It describes the substantive intention of the Criminal Code, with regard to possible alternatives to the concept of a criminal offences, which was approved by the...
|
|
|
Defence by the defence counsel in the trial
Hornová, Tereza ; Vokoun, Rudolf (advisor) ; Tlapák Navrátilová, Jana (referee)
1 Defence by the defence counsel in the trial Abstract The aim of this thesis is not only to analyse the legal regulation concerning the defence counsel and the defence in the main trial, and to provide the reader with a de lege lata view on this issue, but also to provide de lege ferenda considerations for some legal institutes. The thesis also provides the reader with a comparison of the current legal regulation and the current version of the draft of the new Criminal Procedure Code (as of 14 October 2022) on selected criminal procedure issues. The content of the thesis is divided into an introduction, four parts and a conclusion. The introduction briefly justifies the choice of this topic and sets out the objectives to be achieved in the thesis. The importance of the right to a defence and the importance of the person of the defence counsel is emphasised. The first part of the thesis defines the right of defence, emphasises the fundamental human rights and freedoms in criminal proceedings and the basic principles of criminal procedure, among which the principle of ensuring the right of defence is emphasised. The second part of the thesis is devoted to the person of the defence counsel. First, it defines the institution of the defence counsel in general terms, then it deals with specific forms of...
|
guest ::
