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The issues of juvenile criminal justice
Hájek, Filip ; Hořák, Jaromír (advisor) ; Vanduchová, Marie (referee)
In my dissertation "Problémy trestního soudnictví ve věcech mládeže" I speak about the issues of criminality of the young and about the forms of reactions to misdemeanour caused by the young perpetrators or children. The main legal regulation in this area is the law no. 218/2003, about the judiciary in cases of the young, that contains the arrangement of the material and the procedural law. In connection to the criminal law and the penal code it is a lex specialis. In the first chapter I speak about the theoretical fundation of the law arrangement, and so about the conception of the restorative judiciary. The main idea of this conception is to favor the educational action before repression. The aim is the relationship reconsiliation between the perpetrator and the victim, the awareness of one's deeds and subsequent continuance in one's life in conformity with legal order. The theme of the second chapter is the terminology of the judiciary law in cases of the young. A different terminology was implemented in order to reduce the stigmatization of the young perpetrators, due the interest of their proper development. The third chapter represents a brief retrospect to the history of law arrangement in the area of criminality of the young. In particular, it speaks about the judiciary law among the young...
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Stalking - criminal and criminological aspects
Sadílková, Renáta ; Čírtková, Ludmila (advisor) ; Vanduchová, Marie (referee)
This dissertation deals with today still actual phenomenon called stalking, not only with it's more serious form known as a dangerous stalking but even its less serious forms. The work is systematically divided into three key parts - the first one focuses on a term definition followed by the part dealing with criminal points of view and the last one concentrates on criminological aspects. The introductory chapter contains some of the most famous definitions trying to define a difference between a stalking and a dangerous stalking. The readers are as well informed about the history of stalking and its possible forms to make it easy to understand the problem on a common level. The second part is dedicated to a criminal level of stalking. It detailly focuses on a quite interesting process of incorporation of a dangerous stalking offence into a law system of the Czech Republic. It also provides a list of possible sanctions of a stalker before an antistalking legislation introduction (it means before the year 2009). The second part of my work deals with a complex analysis of facts of the case according to the enactment §354 of the Criminal Law that is compared with some foreign norms in which it has found an inspiration. Of course, the analysis of the Supreme Court judicature is not missing here. The...
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Domestic violence and its prevention
Krénová, Julie ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
ZÁVĚR Domácí násilí bylo po dlouhá staletí běžnou součást rodinného života. Muž, hlava rodiny, měl moc nad životem svých blízkých. Rozhodoval o sňatku dcery, vzdělání syna, trestu pro "neposlušnou" manželku. Rozdělení na mužské a ženské role bylo ve společnosti striktně dodržováno. Co se událo v rodině, to tam také zůstalo. Žádné domácí násilí oficiálně neexistovalo. Přístup státu a společnosti se postupem času změnil. Vývoj směřoval od ignorování problému, přes postih nejkřiklavějších incidentů až po snahu domácímu násilí předcházet. Dnes společnost fenomén domácího násilí nejen zná, ale také vnímá jeho závažnost a nutnost zásahu zvenku při jeho řešení. Zcitlivění veřejnosti, ať už laické či odborné, je klíčové. Jen nulová tolerance násilí uvnitř rodiny může vést k důslednému řešení problému. Na začátku 21. století téměř všichni obyvatelé České republiky vědí, co je domácí násilí.1 Nebyla to snadná cesta. Na jejím počátku bylo zavírání očí před problémem, případně nedostatečné a nesystematické postihování nejzávažnějších činů. První pozitivní změnu přineslo vložení samostatné skutkové podstaty § 215a do trestního zákona. Umožnilo trestat zlé zacházení pachatele s osobou, která s ním sdílí obydlí, bez ohledu na to, zda jednotlivý útok dosáhl intenzity trestného činu. Kriminalizace domácího násilí byla...
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Community service punishment and its enforcement
Vyskočil, Ondřej ; Gřivna, Tomáš (advisor) ; Vanduchová, Marie (referee)
Community service The thesis is devoted to a sentence of community service as provided in the Penal Code No 40/2009. The thesis is a description of the conditions under which the penalty is imposed and the conditions for its execution. Because the sentence may be performed by persons under the age of eighteen years, is part of the text also the legislation Act No. 218/2003. In criminal law the community service is one of alternative penalties used in Czech Republic. The significance of this punishment is to enable offender to retrieve to injured person the loss and to do some useful activity for community public and other beneficial institutions which deals with education, culture, health protection, humanitarian, social, charitable, religious, sportive activity etc., but those activities cannot serve for earning purpose. This kind of punishment also allows the person to remain at liberty and not to break the positive social ties in their natural environment. The judge may impose a penalty of fifty to three hundred hours, while a person under eighteen years of age may be sentenced to community service to maximum of one hundred and fifty hours. In addition, the judge may order the convicted person a reasonable duties and restrictions. If the convicted does not achieve his punishment, defeat it or does not...
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Domestic violence and its prevention
Fischerová, Petra ; Karabec, Zdeněk (advisor) ; Vanduchová, Marie (referee)
The thesis deals with the problem of domestic violence and its prevention. The first part of the thesis focuses on defining the key notions necessary to understand speci-fic characteristics of domestic violence. The next part of the thesis concentrates on con-temporary legal regulations on domestic violence, progress up to now, and this is being followed up by suggestions de lege ferenda on the end of the thesis. The essential part of the thesis deals with prevention and tries to present improvement suggestions.
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Legal Defenses under Czech and German Criminal Law
Horský, Jiří ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
The thesis addresses the analysis and comparison of individual elements of defenses under Czech and German criminal legal statutes with respect to the conclusions, which are therefrom drawn in theory and practice. The aim of the thesis was to render overview concerning the distinctions in the defenses, provided that these are based on common reasoning, are generally acknowledged and theoretically elaborated, rather than to present an exhaustive commentary on all legal institutes which exclude illegality and as such come into mind. The fact that the defenses are mutually close in their character and meaning within both legal systems was a major prerequisite for the thesis. The thesis analyses the distinctions with regard to the individual preconditions of separate defenses. These distinctions are not limited only to the extent of the wording of a legal statute, they also greatly manifest in professional literature and case law. Owing to the brief and abstract nature of the respective provisions the courts and theorists developed large quantities of principles and rules which precise and sometimes even amend these provisions. The subject has been processed under consideration of the present-day legal regulation, the topics of origin and development of defenses has intentionally not been discussed....
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The crime of habitual drunkenness under s. 360 of the Criminal Code
Velich, Roman ; Říha, Jiří (advisor) ; Vanduchová, Marie (referee)
The crime of habitual drunkenness under s. 360 of the Criminal Code The purpose of this thesis could be summarized as a complex analysis of a crime of habitual drunkenness under s. 360 of the Czech Criminal Code. The described crime (sometimes named 'rauschdelikt᾿) represents one of possible approaches to a problematic question: How to hold a perpetrator who has committed a crime in mental state of insanity (irresponsibility), in which he had induced himself by use of alcohol, narcotics or similar substances, liable? As far as conformity with elementary principles of criminal law (such as 'nullum crimen sine culpa᾿) is concerned, the crime of habitual drunkenness seems to be the most suitable answer to the previous question. The crime of 'rauschdelikt᾿ is an old legal institute that is specific in many aspects. I have chosen the topic within the context of recent recodification of substantive criminal law. A previous regulation of this crime was often criticised for many reasons (e.g. improper title, too stringent penal sanction etc.). Thus we can now review if those criticised deficiencies have been set right. The thesis is divided into ten chapters. Chapter One is introductory and defines basic terminology used in the thesis, such as 'insanity᾿, 'culpability᾿ and so on. The third subchapter...
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House Arrest Punishment, Its Execution and Control
Sommer, Ivo ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
House Arrest Sentence, Its Execution and CHouse Arrest Sentence, Its Execution and CHouse Arrest Sentence, Its Execution and CHouse Arrest Sentence, Its Execution and Controlontrolontrolontrol House arrest is one of the new types of sentences brought by the new penal code, which came into force in 2010. This thesis should give a brief view on the matter of imposing, executing and control of the house arrest sentence in the Czech Republic. House arrest is a type of sentence when offender serves his sentence at home instead of prison. He or she must stay at home at night from 22.00 till 5.00 or in time determined by court and all the weekends and public holidays. It means that the sentenced person is able to perform his job or studies and take care of his/her family. Other reason for enacting the house arrest sentence is that the convicted person is not affected by the prison environment, which makes his return to normal life difficult or even impossible. Very important is also the financial matter of the sentence, because compared to imprisonment, the house arrest should save more than 2/3 of expenses. A court may impose house arrest when the criminal offence is punishable by the prison sentence in maximum duration of 5 years. The offender's explicit consent with the imposing of this sentence and other...
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Death penalty
Kotroušová, Lenka ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
The issue of the death penalty is not just a matter of legal and political, but mainly social, ethical and moral. As other questions like abortion, euthanasia and gay adoption of children, this issue forces us to make up our own opinion and take an attitude. In addition, capital punishment is not only historical relic, but there are still lot of states that retained it in their legal system and also a lot of states that can perform it today. And it is not just a totalitarian or authoritarian states, as it might seem, but also a modern democratic society such as Japan or the United States of America. In the second chapter of his work, I focus on issue what is punishment and what kind of punishment and purpose exists. In the third chapter I try to outline the history and present of the death penalty, in the fourth chapter on methods of its execution. In the fifth chapter I introduce arguments of supporters and opponents of the death penalty, in next chapter I focus on public opinion. In the seventh chapter I work with international documents that deal with the death penalty. In the eighth chapter, I try to look at the death penalty from the perspective of Christian faith. The ninth chapter focuses on alternatives to the death penalty and the tenth deals with several well-known cases which have occurred in our...
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