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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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Punishing of teenagers in the Czech Republic
SCHMIEDOVÁ, Lucie
The bachelor's thesis deals with the criminal prosecution of juvenile offenders in Czech Republic and is mainly based on the Act on Juvenile Justice. The case study of the juvenile offender's criminal procedure is based on documents from the trial court with a juvenile offender from Czech Republic. It draws more information from interviews with probation officials, social workers from the Department of imprisonment in a prison in Všehrdy and the South Bohemian police spokesman.
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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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Psychological and Ethic Aspects of a Position of the Under-aged and Minors in a Criminal Procedure
JAROŠOVÁ, Erika
The dissertation evaluates viewpoints on the various positions of young people in criminal proceedings (the position of the offender, crime victim or witness) and deals primarily with psychological aspects of these positions. Expert theoretical arguments and theses are confronted with the experience and practice of youth and community workers. In the case studies, that are part of the work, are outlined possible ways of intervention from the point of view of youth and community workers. The work is a reflection on the given issue. It looks for an answer to the question whether the society{\crq}s interest is actually sometimes at odds with the interests of a child involved in criminal proceedings, or whether it can even cause damage to it.
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A Victim of a Crime and His/Her Right to a Standard Life in our Present-Day Society
PŘIBYL, Pavel
The presented Bachelor?s thesis pays particular attention to the victim of a crime and his/her status in the Czech Republic system of law. The thesis deals with approaches and attitudes of bodies responsible for penal proceedings and other subjects concerned. The thesis goes into details about the value of human life from the victim?s point of view, the assessment of a particular financial damage caused by the victim?s death or permanent health injury in confrontation with the value of human life as stipulated by law, the inner feelings of the victim of a crime (both from the point of view of the perception of the direct act of the crime and the post-traumatic state, as well as the possibility of becoming involved in an ordinary way of life), the changes in family relations resulting from the lingering consequences of the crime and the pathological changes in the victim?s psyche related to the change of his/her state of health. The thesis also contains a coherent view of the procedures of bodies responsible for penal proceedings starting from the primary notice of a commission of a crime up to the legal proceedings and a compensation of the damage caused by the perpetration of the crime.
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Measures administered against juveniles in criminal proceedings
JAROŠOVÁ, Erika
Act no. 218/2003 Coll. on liability of juveniles for illegal acts and on juvenile justice established new rules in criminal proceedings with juveniles and introduced brand new methods of sanctioning juvenile delinquents in criminal processes, specifically it introduced a number of new measures which can be administered as punishments for wrongdoings including the possibility of alternative solutions to committed wrongful acts. The degree work is divided into two parts. The theoretical portion provides information about potential solutions and approaches when measures are administered in criminal proceedings with juvenile offenders including the theoretical background. The empirical portion maps out the ratio of measures administered by prosecuting and adjudicating bodies in pre-trial proceedings and measures administered by juvenile courts; the degree work also summarizes all solutions to criminal matters related to juveniles; the quantitative research focused on the District Court in Strakonice during the period of 2004 and 2008. The objectives of the research correlated with hypotheses which the author based on her experience gained in her job as a juvenile social probation officer. The research showed that during the monitored period 64% of juvenile criminal issues were resolved directly by the juvenile court and only 36% of acts committed by juvenile delinquents were closed by prosecuting and adjudicating bodies during pre-trial proceedings. The second portion of the research proved that the most frequently utilized measures {--} 54% - were criminal sanctions; 44% of juvenile criminal cases were solved by means of alternative measures, while reformatory measures were administered only to 2% of juvenile delinquents and protective measures were not utilized at all. The degree work was intended to briefly demonstrate whether the purpose of the Act on juvenile justice is fulfilled. Its onclusions are intended for professional public and for all people who are interested in criminal law, criminal proceedings and juvenile delinquency.
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CHILD ABUSE AND NEGLECT SYNDROM
JANEČKOVÁ, Petra
Práci se věnuje problematice, která začala být v posledních několika letech, na rozdíl od let předchozích, hodně medializovaná. Jedná se o problematiku syndromu CAN (zanedbávaného, zneužívaného a týraného dítěte). Cílem této práce je upozornění vedoucí k odstranění lhostejnosti k tomuto problému. Z tohoto důvodu jsou v práci uvedené teoretické poznatky, definovány základní pojmy a vymezeny právní úpravy de lege lata a de lege ferenda vztahující se k problematice CAN. Dalším cílem je na základě případové studie zobecnit a vyhodnotit postup orgánů činných v trestním řízení a OSPOD při řešení CAN. Následně navržení možností koordinace zúčastněných orgánů.
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Ordinary Legal Remedies in Czech Criminal Procedure
Vojta, Martin ; Spirit, Michal (advisor)
This thesis deals with the topic of judicial remedies admissible against decisions, which haven't become legally effective. The Czech Criminal Procedure recognizes three kinds -- appeal, complaint and protest against criminal writ. The first part contains commentary on leading principles and maxims of criminal remedial proceeding. It is followed by thorough examination of the three currently effective judicial remedies. This part is divided according to individual elements of these remedies such as: essential requirements on form and content, allowed reasons and object, entitled persons, the procedure itself and possible outcomes. The last part briefly summarizes expected changes that will be brought about by the new legislation, which is being prepared at the time. Remedial Criminal Procedure represents although it is not compulsory a vital stage of Criminal Procedure in any democratic country. It helps to guarantee its fairness and righteousness. Legal remedies contribute to the protection of human rights touched by the state during criminal trials.
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