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Residential inspection and inspection of another area and land as allowable intervention into the constitutionally guaranteed rights and freedoms
Děček, Milan ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The subjects of this rigorous thesis are two crucial institutes of criminal proceedings, namely search warrant and other areas search, acts of criminal proceedings bodies that legally limit the inviolability of the home and privacy. The author aims to analyse chosen inviolability of the home and privacy interferences and their constitutional conformity, legal regulation and practice of the courts regarding given institutes. The author analyses, apart from mentioned institutes of criminal law, also selected provisions of the Czech legal order, upon which the inviolability of the home interference arises. Besides search warranty and other areas search and plots can the the inviolability of the home and privacy interferences be seen in other countless cases, especially in the field of administrative law.
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The sahre of civil element in criminal decision making procedure
Reterová, Sylvie ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
The Share of the Civil Element in the Criminal Decision-Making Procedure Key words: civil element, Comission for Conditional Release (parole), Ministry of Justice, probation and mediation service, assessors, associate judges, criminal proceedings This paper examines the share of the civil element in the criminal decision-making procedure. The aim is to introduce and analyze the institute that has been introduced in the Czech judiciary in the mid-19th -century - the associate judge, as well as the new institute, under which civil representatives can assess applications for release on probation. It further focuses on the Ministry of Justice's intention to introduce the Parole Board, which could single handedly decide about probation in the future. The paper is divided into three chapters. The first chapter offers a historical exposé of the institute of the associate judge, devoting particular attention to the reasons which led the legislative authority to implement this civil element. The second chapter discusses the current status quo, the system, and the benefits of associate judges. Accent is placed on the legislative enactment of the share of the civil element in the criminal decision- making procedure and then on the merits and importance of their judicial participation in criminal matters. The...
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The role of media during formation of public opinion on the course of criminal proceedings
Fuksová, Veronika ; Benda, Josef (advisor) ; Bednařík, Petr (referee)
Diploma thesis called The Role of the media in shaping public opinion on the course of criminal proceedings deals with the issue which lies on the border between legal and media science. Its aim is to explain the relationship between these two areas on the basis of criminal proceedings, both in theory and practice using real criminal cases. Diploma thesis primarily deals with the legal base of the media and its relationship to some important principles of criminal law, namely the principle of presumption of innocence and the principle of public prosecutions. The principle of presumption of innocence and its violation affects the personal rights of offended person, so this work is also focused on comments relating to the personality protection against unauthorized interference which may occur in the context of criminal proceedings, both by the authorities involved in criminal proceedings as well as from the media. For the media sector there are some typical legal institutes correcting such interference which are presented in this thesis as well. As already mentioned, the thesis has practical dimension within which there are four essential criminal cases of 2015 examined through different media platforms that informed about these cases. The final section summarizes the findings which were achieved in...
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Role of accounting in cases of property and economic crimes in the Czech Republic
Procházka, Tomáš ; Molín, Jan (advisor) ; Králíček, Vladimír (referee)
Diploma thesis focuses on property and economic crimes in the Czech Republic. There are presented selected property and economic crimes which are associated with accounting and in where accounting plays a role. The first part of the thesis presents basic definitions related to crimes according to criminal law. There are introduced definitions as a criminal act, facts of the case, subjects of criminal proceedings and stages of criminal proceedings. The second part of the thesis deals with accounting and its application in an investigation process. This part emphasizes connection between accounting and evidence check. The third part is focused on an analysis of property and economic crimes in the Czech Republic, referring to the recent studies concerning this issue. This part describes property offenses and economic crimes that can be associated with accounting. The final part of the thesis analyses selected property and economic crimes based on judicature of the Supreme Court of the Czech Republic.
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Processing Differencies in Matters of Juvenile Perpetrators
KALIVODOVÁ, Martina
My bachelor thesis will concern criminal procedural law of juvenile offenders, focusing on the specifics of proceedings with juvenile offenders, which I shall compare to proceedings with adult offenders. In the introduction I will mention the history of criminal law with juvenile offenders, which has undergone significant changes. At first criminal law was only regulated by the penal code and by the criminal procedure, which only included provisions concerning juvenile offenders. This regulation was insufficient as it did not allow to reflect juvenile criminality. There were tries to enforce a new code of law, which would contain only juvenile justice. Quite recently, in the year 2004, because of growing juvenile criminality and the need to solve juvenile criminal cases differently, a new independent law n. 218/2003 Sb. on juvenile justice was created, with the full name of law n. 218/2003 on the liability of youth for unlawful acts and on juvenile justice and on change of some laws. This law brought many changes and represents a positive contribution in juvenile justice. In my work I will introduce the juvenile justice law and I will point out the facts resulting from it. At the beginning of my thesis I will shortly define the basic concepts dealing with substantive criminal law of juvenile offenders, which are distinct from the criminal law of adults, and the knowledge of which I consider necessary for full understanding of my work. The aim of my work is to highlight the differences in procedural criminal law, in criminal proceedings with juveniles. I will compare criminal proceedings with juveniles to those with adults, which differ in significant terms. I will focus on certain specifics, which I will describe, compare to general regulations and evaluate. To conclude, I will evaluate the current state of juvenile justice and provide my own opinion on this topic. I will describe certain drawbacks in the law and suggest their change. I will describe my own ideas about juvenile law.
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Educational Measures imposed on a juvenile offender
BURCAROVÁ, Božena
In 2004, Act No. 218/2003 Coll. came into force; it is an act on the liability for unlawful acts of juveniles and on judiciary concerning juveniles and amending some laws, called in a shortened form the "Act of Judiciary Concerning Juveniles". This act significantly modified the position of juvenile offenders and there was a change in approach to juvenile offenders. The law defined many new concepts, including the concept of educational, protective and criminal measures. It determined new forms of measures imposed on juvenile offenders. The objective of the new legislation is to prevent juvenile crime through educational measures, especially through the right actions and directing their future life and thus to support and ensure their proper upbringing. This thesis entitled ?Educational Measures imposed on a juvenile offender? deals with the cooperation of institutions entering the preparatory criminal proceedings for juvenile offenders in the former district of Český Krumlov. The thesis is divided into two parts. The first section entitled "Current status" deals with theoretical knowledge. I describe the various institutions and their functions in preparatory proceedings for juvenile offenders and individual educational measures, which may be imposed on a juvenile offender during preparatory criminal proceedings. The second part is devoted to processing the results of the research. The research objective of the thesis was to find out about the effects of individual institutions on juvenile offenders and their influence in imposing educational measures in preparatory criminal proceedings. From the carried-out interviews and analysis of documents, I summed up, in the chapter entitled "Results", the process of working with young offenders in imposing educational measures in individual institutions. It can be summed up that the largest share in imposing educational measures is in the Probation and Mediation Service of the Czech Republic, the centre in Český Krumlov. The other institutions only inform young offenders on the possibility of imposing educational measures only to the extent necessary, without further educational activities. This part of the thesis also discusses a possible procedure that is, in my view, preferable in dealing with juvenile crime offenders. This thesis can serve to the individual institutions involved in criminal proceedings concerning juvenile offenders as well as the general public.
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Victim in criminal proceedings and his/her protection
VLČKOVÁ, Simona
The aim of my Bachelor´s Degrese dissertation is to clarify the notion of the offended party in criminal proceedings, to summarise its process rights and to point out some facts related to int and to propose supplements or amendments to the legal regulativ in order to strengthen the offended party´s position. The introductory part of the work defines the term sof criminal proceedings, subjects, the parties in the proceedings and the offended party. The following section of the work deals with the offended party being represented by the solicitor and details the institute of joint solicitor. I devote a separate section to the victim of a crime act and his or her compensation as per the current legal regulation. The main part of the work deals with the offended party´s process rights in the criminal proceedings and divides them into rights pertaining to all offended parties and to the rights pertaining to those offended parties who are entitled to claim compensation for damage. I also focus on the institute of criminal prosecution with the offended party´s consent. The concluding section of the theoretical part deals with hne adhesion proceedings. The following part of the work presents my research whose purpose was to find whether the offended parties´ rights are sufficiently described in the legal order. I selected a qualitative research method, namely semi-structured interview. I asked selected experts six questions aubot the offended parties´process rights and thein application in practice. The conclusion of this part contains my proposals for modifications or amendments of certain process rights, which, as I believe, are missing in the current legal regulation. The work also features appendices: speciments of forms which bodls active in the criminal proceedings use in thein everyday practice.
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Right to a Defense of Socially Disadvantaged Groups in the Criminal Proceedings
KUBÁNKOVÁ, Hana
The Right to Counsel is one of a fundamental principle of criminal proceedings. This right is enshrined and governed in § 2, paragraph 13, § 33 and following of Act No. 141/1961 Coll. On Criminal Proceeding (Criminal Procedure). The Right to Counsel is guaranteed, in addition to the Constitutional laws, by the Criminal Procedure Code and the Charter of fundamental rights and freedoms in Article 40, paragraph 3 and also by International Conventions such as the European Convention on Human Rights and Fundamental Freedoms. The target of my Thesis is to clarify the issue of availability of the Right to free Counsel or Counsel for reduced fee for socially disadvantaged groups in criminal proceeding. For the purposes of my Thesis, young, unemployed, handicapped people and people serving in Prison in České Budějovice, are considered to be socially disadvantaged. The Thesis surveys the availability of the rights to counsel for disadvantaged groups in criminal proceedings in the light of valid and effective legislation of the Czech Republic.
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Public awareness raising in relation to assessing the evidence and circumstances of the crime situation scam.
MICHAL, Petr
There has been a significant societal change in the early nineties in the Czech Republic which has brought many new phenomena. The increase in crime was one of the events to which modern society was not ready. Development of post-Communist society has been uneven in all aspects. The legislative process in an emerging democratic state system was poor. As a result, a specific group of people took advantage from this situation. They have exploited loopholes in existing legislation to commit a crime. This group of offenders, in search of easy profits, then committed crimes and fraud. This thesis deals with fraud as one of the statistically most spread offenses. Law enforcement and criminal proceedings document the notification of victims when deciding the case as far as possible, which allows them existing legislation. Until the last final court decision, none of the parties is certain about the outcome of proceedings. Bachelor thesis on public awareness regarding the circumstances of committing fraud conducted a survey of respondents in the age group between 30-40 years.
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