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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...
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Current issues of collateral proceedings
Lehejčková, Petra ; Beranová, Andrea (advisor) ; Tejnská, Katarína (referee)
Current issues of collateral proceedings This thesis deals with one of the current issues of the so-called collateral proceedings, namely the compensation for non-material damage in the case of bodily harm and compensation for non-material damage in the case of killing or particularly serious bodily harm in these proceedings. This issue is very topical mainly due to a fundamental change in the legal regulation of the compensation for non-material damage in question brought by the Civil Code in 2014. This topic is also very specific as criminal, civil and medical law intertwine in it. The thesis contains chapters occupying on criminal law institutes of the injured party and collateral proceedings, which are topics closely related to the focus of this work and their explanation should be included in the thesis for the purpose of understanding of the selected topic. However, main part of the work focuses on the private law regulation of the compensation for non- material damage in the case of bodily harm and compensation for non-material damage in the case of killing or particularly serious bodily harm according to sec. 2958 and sec. 2959 of the Civil Code. The thesis is divided into four parts. The first part deals with the injured party as it is the main subject of collateral proceedings. This part...
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Compensation for non-material damage in the event of injury and death in collateral proceedings
Regnerová, Eva ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
Compensation for non-material damage in the event of health injury and death in adhesive proceedings Abstract The topic of this diploma thesis is compensation for non-material damage in event of health injury and death in adhesive proceedings. This is a complex topic in which the provisions and principles of criminal and civil law intertwine. Adhesive proceedings are an institute of criminal procedural law that allows the injured party to recover damages, non-material damage and unjust enrichment during criminal proceedings without having to proceed in civil proceedings. Non-material damage is an institute of private law; when deciding on the amount of non-pecuniary damage, the court decides on the basis of private substantive legal provisions. The first part of the theis is focused on the position of the injured party in criminal proceedings. The thesis first defines the position of the injured party, his rights, the possibilities of his representation. The main emphasis is placed on the conditions for claiming the injured party's claim, so that for procedural reasons the injured party is not referred to civil proceedings. In the second part of the work, non-material damage is dealt with, first in case of personal injury, in the next part in case of death. In both of these separate chapters, the current...
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An injured party in criminal proceedings and his protection
Králová, Kateřina ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
An injured party in criminal proceedings and his protection Abstract This diploma thesis is focused on the topic of the injured party in criminal proceedings and its protection. The thesis provides explanation of the term of injured party including both positive and negative definitions, enumerates its granted rights. In the following chapters, the author describes other related institutes and provides a critical view on current legislation while proposing relevant changes. The thesis is divided into six chapters. At first, the term of the injured party is defined in the context of current legislation. This part is introduced with a brief summary of historical development of the term in context of legislation within our territory. In the following chapter, it continues with introducing the term of victim of a crime, which is closely related to the term of injured party. Both of these terms are compared to each other and it is emphasized that they are not hiearchical and cannot be used interchangeably. Subsequently, enumeration of procedural rights that the criminal code grants to the injured party is provided. Specific legislation related to granting of consent to prosecute by the injured party is examined. The procedural rights are categorized based on whether the criminal code grants a specific right to...
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An injured party in criminal proceedings and his/her protection
Spitsyn, Oleksandr ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
An injured party in criminal proceedings and his/her protection The diploma thesis deals with the position of the injured party and his protection during the entire criminal proceedings and a description of the rights at his disposal in its individual phases. It draws information from legislation, literature, case law and electronic resources. The diploma thesis is divided into five chapters. The first includes the definition of the term injured party, both its positive and negative definitions. It also describes the differences between the terms 'injured party' and 'victim of a crime'. The second chapter focuses on the description of the rights that belong to all injured, as well as those that belong only to the injured, who have the status of a subject in adhesion proceedings under § 43, paragraph 3 of the Criminal Procedure Code. The most important of these rights are characterized in more detail. It is also describing the possibility of injured party to waiver his procedural rights and analyzing the problem of partial waiver. The last part of the chapter is devoted to minors as the injured parties and their special position in criminal proceedings. The third chapter describes in more detail the position of the injured party in the individual stages of criminal proceedings, from the preparatory...
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Collateral proceedings
Vincík, David ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The presented thesis focuses on the topic of adhesive proceedings, ie on a specific part of criminal proceedings, in which the court decides on damages, non-material damage or the issuance of unjust enrichment. It is these negative consequences that may, and in many cases do, result from the commission of crime. This topic is therefore strongly related to the person of the injured party, as the injured party is entitled to damages, non-pecuniary damage and the issue of unjust enrichment, and it is the injured parties who assert these claims in the adhesive proceedings. Therefore, in its introductory part, the thesis deals with the injured party and their individual rights, especially the right of the injured party to claim damages in general. It further clarifies the difference between the injured party and the victim and also deals with the position of the injured party and the victim in international and European law. The next part of the thesis is completely focused on the issue of adhesive proceedings, notably on its importance and specifics, which clarifies some differences from the form of criminal proceedings, and also on subjects of adhesive proceedings, where it deals with both natural persons and legal entities. Furthermore, the thesis deals with particular substantive claims that can be...
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Evasion of taxes, fees and other mandatory payments
Töglová, Markéta ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
This thesis describes the most commonly committed tax criminal offense i.e., the evasion of taxes, fees, and other mandatory payments pursuant to Section 240 of the Criminal Code. The goal of the thesis is to examine the problematic aspects of this criminal offense and to call attention to the discrepancies in proceedings and judgements, with special attention to substantive and procedural aspect, relevant case law of the domestic courts, and the opinion of professional public. The body of the thesis is divided into five chapters. The first two chapters introduce the substantive basis of the topic, provide a brief overview of the history of tax crimes and, last but not least, underline the importance and relevance of the whole topic using publicly available statistical data. The third chapter is focused on the mutual connection between the criminal offense pursuant to Section 240 of the Criminal Code and two selected criminal offenses. The first being the non-payment of taxes, social security contributions and similar mandatory payments pursuant to Section 241 of the Criminal Code, with a focus on the role of effective regret. Among other things, this outlines the issue following the unprecedented judgment of the Constitutional Court of the Czech Republic concerning the voluntary action of the...
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Protection of the Injured Party in Criminal Proceedings
Medová, Lucie ; Jelínek, Jiří (advisor) ; Heranová, Simona (referee)
Protection of the Injured Party in Criminal Proceedings The diploma thesis deals with the issue of the injured party and his protection in criminal proceedings. Its main goal is to analyze the position of the injured party in criminal proceedings and to analyze in more detail his selected rights, which in this proceeding serve to protect him. The partial goal of the thesis is to summarize the most important aspects of adhesion proceedings and draw attention to the shortcomings of the protection of the injured party in criminal proceedings de lege lata. To meet this goal, the core of the work is divided into three main parts. In the first chapter, the thesis deals with the injured party as a subject and a party to criminal proceedings, negative and positive definition of the term victim, categorization of this term, the issue of victim representation, the issue of victims according to Act No. 209/1997 Coll. and Act No. 45/2013 Coll. and categorization of the rights of the injured party. Since the aim of the thesis is not to exhaustively analyze all the rights of the injured party arising from the Criminal Procedure Code, only the selected rights are analyzed in more detail. This section presents examples of the recent extensions of the rights of the injured party. The next part of the diploma thesis...
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Skařupová, Jana ; Beranová, Andrea (advisor) ; Galovcová, Ingrid (referee)
-1- Compensation for non-material damage in collateral proceedings Abstract This thesis deals with compensation of non-material damage in the so called collateral proceedings. The aforementioned is part of criminal proceeding, but it is initiated only by a petition of the injured party under the Code of Criminal Procedure. In the collateral proceeding the court shall decide on the private claim of the injured party for compensation of non-material damage caused by the criminal offence. The indisputable advantages of asserting a claim in this proceeding is mostly its speed, cost effectiveness and less requirements for the injured party in terms of burden of proof. However number of specific questions arise with regard to the fact that the criminal court adjudicates the private claims under the substantive law rules of private law (most often civil and labour law), all in the context of criminal proceedings. This thesis aims to comprehensively address the issue of granting compensation of non-material damage in collateral proceedings and to evaluate the application of legal regulation from the perspective of the criminal court. The thesis is divided into four parts. The first part defines the term injured party as of the basic term of the legal regulation. The difference of the term 'injured party' from the...
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