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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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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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Compensation for non-material damage in the event of injury and death in collateral proceedings
Dolejšová, Tereza ; Tejnská, Katarína (advisor) ; Mulák, Jiří (referee)
1 Abstract Compensation for non-pecuniary harm in the event of personal injury and death in collateral proceedings The topic of the diploma thesis is the issue of compensation for non-pecuniary harm in the event of personal injury and death in collateral proceedings. This issue is currently often debated due to, among other reasons, a change in the legal regulation of compensation for pecuniary and non-pecuniary harm effective from January 1, 2014. The specificity of this subject lies in the combination of two legal branches - criminal and civil law, as collateral proceedings are part of criminal proceedings and decide on claims which are of a civil nature. The thesis deals with the criminal law institutes of the injured party and the collateral proceedings themselves. An extensive space is then devoted to the private law regulation of compensation for non-pecuniary harm in the event of personal injury and death, especially in accordance with Sections 2958 and 2959 of the Civil Code with regard to legal practice and court decisions. The aim of this work is to describe and evaluate the legal regulation of compensation for non-pecuniary harm in the event of personal injury and death and the procedural possibilities of the injured party to attain this private law claim in criminal proceedings. With regard to...
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Compensation for non-material damage in the event of injury and death in collateral proceedings
Sýkora, Jiří ; Tejnská, Katarína (advisor) ; Heranová, Simona (referee)
Compensation for non-material damage in the event of injury and death in collateral proceedings Abstract The thesis deals with a very current topic of compensation for non-material damage in the event of injury and death in collateral proceedings. The thesis also contains chapters, that focus on an injured person and collateral proceedings, which are concepts directly connected to the main topic of the thesis. The thesis contains the definition of an injured person, rights and obligations of the injured person in the criminal proceedings and also the definition of collateral proceedings and its process. In particular, the thesis focuses on the compensation of non-material damage in the event of injury and death according to § 2958 and 2959 of the Civil code. The thesis also describes the current judicial decisions of criminal courts in the area of compensation for non-material damage in the event of injury and death in collateral proceedings. The thesis is composed of four parts. The first part of the thesis deals with the injured person. It contains the concept of an injured person and its legal definition. The rights and obligations of the injured party in criminal proceedings are also briefly described in this part. The second part of the thesis focuses on collateral proceedings. This part contains the...
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Damages, compensation of other than proprietary loss and recovery of property obtained as a result of unjust enrichment in criminal proceedings
Beranová, Andrea ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The submitted rigorosum thesis contains an analysis of so-called collateral proceedings in accordance with the legal regulation in force as specified in Act No. 141/1961 Sb., Criminal Procedure Code. Collateral proceedings represent the part of criminal proceedings in which the court adjudicates the claims of an injured person concerning damages, compensation of other than proprietary loss and recovery of property obtained as a result of unjust enrichment that arose in connection with a criminal offence. The importance of collateral proceedings consists in the fact that by using it the injured person may avoid time-consuming, and financially as well as procedurally demanding civil proceedings. However, the institute of collateral proceedings comprises a number of specific issues since a criminal court adjudicates private claims of the injured party in compliance with the rules of substantive law other than criminal law (mainly civil law and labour law regulations) but, still, within the framework of criminal proceedings. The thesis consists of three parts. In the first part I describe the concept of the injured individual and I distinguish it from the term "the victim of a criminal offence" in accordance with Act No. 45/2013 Sb., on Victims of Crimes. The right of an injured person to assert...
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