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The principle of subsidiarity of criminal repression
Bauerová, Kristýna ; Mulák, Jiří (advisor) ; Richter, Martin (referee)
The subject of this master's thesis is the principle of subsidiarity of criminal repression, which is one of the most important principles of substantive criminal law. According to this principle, the means of criminal law can only be applied to cases that reach the required level of social harm, and at the same time, in these cases, the application of liability under another legal enactment is sufficient. The thesis is divided into three chapters, which are subdivided into subsections. In the first chapter, the basic principles of substantive criminal law and their possible relationship to the principle of subsidiarity of criminal repression are discussed in more detail. This part is followed by a definition of the concept of subsidiarity of criminal repression. The concept of ultima ratio is inextricably linked to the principle of subsidiarity of criminal repression. For this reason, a separate subsection is devoted to their mutual relationship within the first chapter of the thesis. As part of the thesis, attention is also paid to the relationship between criminal liability and liability under private and administrative law. The provision of the Criminal Code containing the principle of subsidiarity of criminal repression raises questions about its significance for the application of criminal...
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The principle of subsidiarity of criminal repression
Kolder, Adam ; Šámal, Pavel (advisor) ; Mulák, Jiří (referee)
This thesis is a compilation of selected topics related to the principle of subsidiarity of criminal repression as a guiding principle of criminal law. The text of the thesis deals with the historical development of the approach to this principle in the Czech Republic, as well as the current normative anchoring of this principle in the effective criminal legislation. Furthermore, the text pays attention to the general character of this principle, which is manifested by its interpenetration into a number of institutes of criminal law, as well as its clash with other legal principles. In the practical part of the thesis, attention is then focused on the role of the principle of subsidiarity of criminal repression as a corrective to criminal injustice, as well as on the overlaps of this principle in the field of administrative law. This part of the thesis also takes into account the current cases that occur in the public sphere in relation to the principle of subsidiarity of criminal repression. The final part of the thesis compares selected foreign approaches to the principle of subsidiarity of criminal repression. Keywords: ultima ratio, subsidiarity of criminal repression, formal concept of crime, corrective of criminal injustice
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The principle of subsidiarity in a criminal law
Raček, Pavel ; Novotný, Oto (advisor) ; Šámal, Pavel (referee)
The principle of subsidiarity in a criminal law Summary The Master's degree thesis analyzes the principle of subsidiarity in a criminal law as an actual topic beacause this principle is included in the new czech penal code in art. 12 para 2: "The crime responsibility and its consequences can be applied only in social harmful cases if an application of an other kind of a law responsibility is insufficient." However before the new penal code was passed the czech Constitutional Court and Supreme Court had dealed with the principle of subsidiarity in a criminal law in their judgments. The first chapter reports on a general definition of the principle of subsidiarity and the ultima ratio principle and concludes that the phrasing in the citied art. 12 para 2 is too "thin" because the criminal law should be subsidiary not only to the other law but also to the all social tools. The second chapter deals with the principle of subsidiarity as a rule for an interpretation. In the new czech penal code this principle can be used only for the interpretation of these words describing crimes which are not expressed to unequivocal. The next chapter refers to the german "theory of law goods" (Rechtsgutstheorie) and the term social harm. The judgements of the german Constitutional Court are taken into consideration. The...
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Unauthorized Disposal of Personal data
Jaroš, Ján ; Vokoun, Rudolf (advisor) ; Říha, Jiří (referee)
The submitted rigorous thesis deals with the unauthorized use of personal data in the Czech criminal law. The thesis particularly focuses on the interpretation of the concept of personal data, the processing of personal data, the criminal offense, the principle of subsidiarity criminal repression and further on the research of two conflicting rights too - the right to protection of information (personal data) and the right to information. The complexity and legal uncertainty is primarily caused by judicial practice, which is in the interpretation of individual terms inconsistent, although professional literature and the public point of view on the interpretation of so-called "borderline cases" is unified. Amendment to the Acts, the Criminal Code and related laws, do not always solve problem areas ideally" and therefore opinions issued by "bodies active in criminal proceedings" and administrative authorities contribute to the unification of procedures and interpretations. The rigorous thesis also focuses on the application of the "ultima ratio" which should be taken into account in decision making if a crime or an offense was committed. Unless the facts of the crime and the offense not met the rule of law offers a number of means, which the defective condition, that involves unauthorized processing...
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Current issues of custody within Czech criminal proceedings
Benediktová, Eliška ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
Current issues of custody within Czech criminal proceedings Abstract This submitted thesis describes custody's current issues within Czech criminal proceedings. The custody is an established and irreplaceable institute that has been for a long time a traditional part of criminal proceedings. Due to the nature of this institute, representing a major interference with personal freedom of the individual, it is still widely discussed not only by experts but also attracts the attention of the general public. The thesis itself consists of five consecutive chapters. The first chapter defines the concept and purpose of the custody, considering its basic principles. The following second chapter includes a brief description of custody's historical development in the Czech Republic, but the chapter also serves as an introduction to understanding the current legislation. In addition, the valid regulation is the one of 1961, which has undergone several changes since its adoption. The third chapter deals with the material concept of custody law, i.e. the legal conditions for the custody imposition and the analysis of individual reasons for it, trying to capture the bottlenecks of the related law. The fourth chapter describes some aspects of formal custody law, which characterizes the processes of authorized bodies in...
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Criminal custody as an ultima ratio instrument
Nekolová, Petra ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
Criminal custody as an ultima ratio instrument This thesis deals with a criminal custody which is considered as the most serious instrument within criminal procedural security measures which should be used by law enforcement authorities only in the most extreme cases when all of the legal conditions are strictly fulfilled. One of the purposes of this thesis is to explicate, through personal freedom and presumption of innocence both guaranteed by the Czech Constitution and both significantly affected by custody, the importance of using this instrument only in situations without any other solution when is impossible to reach the purpose of criminal proceedings by using some of the more lenient measures, it means to use the custody just as an ultima ratio instrument. A crucial part of this thesis pays attention to the individual legal conditions of current effective legislation that should ensure observance of this principle also in practice. In the mentioned part the procedure of the authorities deciding on custody is analysed in detail that authorities firstly must resolve the question if the prosecution of a specific person is justified and if a certain specific degree of suspicion is achieved proving that this one perpetrated an offence. After that is necessary to investigate the existence of...
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The Principle of Subsidiarity of Criminal Repression
Drobílek, Michal ; Šámal, Pavel (advisor) ; Gřivna, Tomáš (referee)
The Principle of Subsidiarity of Criminal Repression Abstract This Master's Thesis deals with the principle of subsidiarity of criminal repression, one of the basic principles of substantive criminal law, which was first enacted in the Czech criminal law as lately as in the new 2009 Criminal Code. The principle of subsidiarity of criminal repression is expressed by the fact that the means of criminal law can be applied only in socially harmful cases where the application of criminal liability is not sufficient under another legal enactment. Simultaneously, this principle of subsidiarity of criminal repression expresses the nature of criminal law as a means of the ultima ratio, i.e. the ultimate solution. After the introduction of the functions and purpose of the criminal law itself in terms of historical development and present, an analysis of the valid legal regulation of the principle of the subsidiarity of criminal repression is presented. Adoption of the principle of the subsidiarity of criminal repression into the new Criminal Code has led to an unprecedented wide-ranging discussion of its importance in criminal law, especially its impact on the issues of the basis of criminal liability. The problems often mentioned in this discussion are in particular dealt with in the chapter on the concept of crime,...
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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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Unauthorized Disposal of Personal data
Jaroš, Ján ; Vokoun, Rudolf (advisor) ; Říha, Jiří (referee)
The submitted rigorous thesis deals with the unauthorized use of personal data in the Czech criminal law. The thesis particularly focuses on the interpretation of the concept of personal data, the processing of personal data, the criminal offense, the principle of subsidiarity criminal repression and further on the research of two conflicting rights too - the right to protection of information (personal data) and the right to information. The complexity and legal uncertainty is primarily caused by judicial practice, which is in the interpretation of individual terms inconsistent, although professional literature and the public point of view on the interpretation of so-called "borderline cases" is unified. Amendment to the Acts, the Criminal Code and related laws, do not always solve problem areas ideally" and therefore opinions issued by "bodies active in criminal proceedings" and administrative authorities contribute to the unification of procedures and interpretations. The rigorous thesis also focuses on the application of the "ultima ratio" which should be taken into account in decision making if a crime or an offense was committed. Unless the facts of the crime and the offense not met the rule of law offers a number of means, which the defective condition, that involves unauthorized processing...
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The principle of subsidiarity in a criminal law
Raček, Pavel ; Novotný, Oto (advisor) ; Šámal, Pavel (referee)
The principle of subsidiarity in a criminal law Summary The Master's degree thesis analyzes the principle of subsidiarity in a criminal law as an actual topic beacause this principle is included in the new czech penal code in art. 12 para 2: "The crime responsibility and its consequences can be applied only in social harmful cases if an application of an other kind of a law responsibility is insufficient." However before the new penal code was passed the czech Constitutional Court and Supreme Court had dealed with the principle of subsidiarity in a criminal law in their judgments. The first chapter reports on a general definition of the principle of subsidiarity and the ultima ratio principle and concludes that the phrasing in the citied art. 12 para 2 is too "thin" because the criminal law should be subsidiary not only to the other law but also to the all social tools. The second chapter deals with the principle of subsidiarity as a rule for an interpretation. In the new czech penal code this principle can be used only for the interpretation of these words describing crimes which are not expressed to unequivocal. The next chapter refers to the german "theory of law goods" (Rechtsgutstheorie) and the term social harm. The judgements of the german Constitutional Court are taken into consideration. The...
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