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Protection of the Injured Party in Criminal Proceedings
Mandíková, Eliška ; Jelínek, Jiří (advisor) ; Heranová, Simona (referee)
Protection of the Injured Party in Criminal Proceedings Abstract This thesis is focused on the injured party, the subject of criminal proceedings. The aim of the thesis is to identify the most pressing shortcomings of the current legislation through a comprehensive analysis of selected topics. The thesis is divided into eight main parts. Chapter one focuses on the very definition of the term injured party and the basic division into injured person entitled to compensation for damage, non-pecuniary damage or unjust enrichment with specific rights in adhesion proceedings and injured person without this right. This is followed by an overview of the position of the injured person in criminal proceedings with an emphasis on his or her representation and the issue of a joint agent. The central concept of the third chapter is the victim of a crime, the definition and differentiation from the concept of injured person. This part discusses selected institutes of the Act on Victims of Crime and the basic principles governing it. Chapter four deals with the development of legislation. It describes the legal regulation of the position of the injured party in historical criminal procedure codes and significant amendments to the current Criminal Procedure Code that affected the rights of the injured party. The subsequent...
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Assistance to victims of crime
Mutinová, Radka ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
The topic of my thesis is Assistance to victims of crime. I have chosen this topic for its importance in our era full of violence and crime. It is an issue interesting not only for lawyers but for many other different professions and public in general. My goal was to lay out as much information as possible and talk about some problematic spots regarding the rights of victims and their position not only in the criminal procedure. The first part of my thesis is focused on brief explanation of the history and development of the relatively young science - victimology and basic terms used in victimology. Significant part of the first chapter covers analysis of one simple word "victim". The following part of this paper tries to examine individual elements of the complex assistance provided to crime victims. The third chapter discusses possibilities of financial support to the victims from the government when it is impossible to obtain reparation from the offender. Many countries, including the Czech Republic, have enacted appropriate laws and have also become signatories of the European Convention on the Compensation of Victims of Violent Crimes. The following chapter is concerned with the role of nongovernmental organizations (NGOs) in the field of crime victim assistance and their cooperation with the...
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Victimisation and Assistence for Victims of Crime
Hofrichter, Tomáš ; Gřivna, Tomáš (advisor) ; Novotný, Oto (referee)
The aim of my dissertation is to describe in detail the issue of victim of crime. The thesis is composed of seven chapters which include three main topics. The first three chapters create general introduction to the subject, its matter of interest, present historical overview, explain the general terms of the topic, such as victimology, damage, victimity etc., define the subject of victimology and describe the possible factors of the relation between victim and trespasser, their mutual interaction during and after the criminal act. Chapter four concentrates on the negative aftereffects created during the criminal investigation process, which is called victimization. This chapter is divided into four subsections (primary victimization, secondary victimization, tertiary victimization and revictimization). The fifth chapter focuses on assistance to the victim and ways of obtainable compensation. The chapter mainly deals with family assistance, psychological assistance and social assistance. In connection with the psychological assistance, the chapter gives a brief overview on Bílý kruh bezpečí (White Circle of Safety), its activities and work methodology. This chapter also deals with rights of victims and protection of witnesses. The chapter six describes current Czech proposal of the Act on Victim of...
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Protection of victims of crime
Fürychová, Michaela ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
This thesis deals with the topic of protection of victims of crime. The topic is quite broad therefore the main focus is at the assistance for victims of crime and forms of such assistance. The thesis is divided into three main parts which are further divided into chapters and subchapters. The first part is concerned with victimology in general. It contains four chapters. First chapter describes the science of victimology. The knowledge of basic principles of victimology is fundamental for further understanding of the topic of crime victims. Brief overview of the evolution of victimology is also mentioned. The second chapter defines the basic concepts of victimology, such as the term victim, victimity, harm and factors that influence the extent of the harm caused by a crime to the victim. The third chapter is closely focused on the process of victimization and its specific issues. It contains more detailed subchapters on primary, secondary, terciary victimization and on repeated victimization. The fourth chapter concludes this part. It is concerned with sources of information about crime victims that are available. Particularly it deals with official statistics and victimology researches and studies. The second part is contained in chapter number five and its subchapters. Its main focus is on...
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Rights of the victims of crimes and options of their employment during the criminal proceesings
Marvan, Tomáš ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Rights of the victims of crimes and options of their employment during the criminal proceedings Abstract This master's thesis inquires into crime victims' rights, their status in the criminal proceedings and actual employability of their guaranteed rights. It contains a brief history of development of the legislative concerning the topic. My thesis comes to a conclusion that especially in the last fifty years, the status and range of crime victims' rights has been constantly improving. Crime victim is becoming less and less just a bearer of evidence of the crime and is more and more becoming an active subject of the criminal proceedings, on which they also have their interest. With the passing of the new Crime Victims' Rights Act, the Czech legal system was enriched by a wide array of victims' rights that provides special care and approach from the state and its authorities. In the heart of the new act is the victim as a target of an undeserved attack in the form of a crime and as such is entitled to help. Necessary help provided to the victim is not only specialized psychological and social assistance, but also straightforward financial help and a kind and understanding approach. One of the main goals of the Crime Victims' Rights Act is prevention and protection from the secondary victimization, which is...
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Assistance to victims of crime
Bechtinová, Natálie ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The chosen topic for this MastersThesis is "Assistance to Victims of Crime" - primarily due to its growing social significance. Society as a whole should not turn a blind eye to the serious impact of crime, focusing only on the punishment of convicted criminals; it should also focus on assistance to those harmed and affected by crime. Criminals usually commit crimes with a strong conscious awareness of their misbehaviour, while victims have no similar expectation; for them, a criminal event is like something "out of the blue". The shocking and traumatic impact following the crime, is something unbelievable for one who never had such an experience; hence, the return back to normal life is often very difficult for victims of crime. A society which aspires to be modern and developed should make this return as easy as possible, implementing a series of measures in the field of assistance. My goal was to describe the possibilities which exist in this area but also to concentrate on the current legislation, especially on new rights being brought into practice by the new Victims of Crime Assistance Act No 45/2013 Coll. The Thesis consists of eight chapters including an Introduction and a Conclusion. The first part is dedicated to victimology, a part of criminology that comprises a scientific study focused on...
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Assistance to Victims of Crime
Pacáková, Barbora ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
The thesis focuses on the assistance to crime victims, mostly in terms of Czech legislation, its compliance with the European legislation and its application in real life, it does, however, provide historical and theoretical explanation about crime victims. The thesis reflects the legislation, that is in effect at the time. The main aim of the thesis is to offer a comprehensive view on the issue of assistance to victims, to analyse and evaluate the legislation of victims' rights, especially under the Victims of Crime Act, and to assess the benefits of its first major amendment. The last goal of the thesis is to evaluate the current quality of assistance provided to crime victims. The thesis consists of five parts, in addition it also contains an introduction and a conclusion. The first part offers historical and international insight into the assistance of crime victims and details how this field has evolved over the last hundred years. It also places the issue into historical context while analysing international requirements laid down by the Council of Europe, the European Union and the United Nations. Part 2 explains legal terms "victim" and "injured party", providing a comparison of these two terms with a view toward their use in subsequent chapters of this thesis. Part 3 contains theoretical...
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Protecting victims of crimes
Brdlíková, Denisa ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The thesis deals with the protection of victims of crimes, especially from the point of view of the formal aspect of their guarantee. The aim of the thesis is to identify the rights of victims belonging to such persons by law, taking into account the shortcomings of the law adopted for the protection of victims and its subsequent amendment, together with the concrete implications for the status of the victim. For this purpose, the work is divided into seven chapters. The first chapter is devoted to the necessary definition of the concepts that are crucial to this work, such as the victim, the victim and the particularly vulnerable victim, as well as the determination of the basic distinguishing features between the concepts of crime victim and the victim. The second chapter deals with the legislative development of the protection of victims of crime, at international, European and Czech level. At the same time, this chapter briefly summarizes the legislative development of the adoption of the first independent law on the protection of victims in the territory of the Czech Republic. The third chapter presents the most important shortcomings of the original wording of the Act on the Protection of Victims, which have been widely criticized by the authors of the said law and which have been manifested...
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Protection of victims of crime
Fürychová, Michaela ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
This thesis deals with the topic of protection of victims of crime. The topic is quite broad therefore the main focus is at the assistance for victims of crime and forms of such assistance. The thesis is divided into three main parts which are further divided into chapters and subchapters. The first part is concerned with victimology in general. It contains four chapters. First chapter describes the science of victimology. The knowledge of basic principles of victimology is fundamental for further understanding of the topic of crime victims. Brief overview of the evolution of victimology is also mentioned. The second chapter defines the basic concepts of victimology, such as the term victim, victimity, harm and factors that influence the extent of the harm caused by a crime to the victim. The third chapter is closely focused on the process of victimization and its specific issues. It contains more detailed subchapters on primary, secondary, terciary victimization and on repeated victimization. The fourth chapter concludes this part. It is concerned with sources of information about crime victims that are available. Particularly it deals with official statistics and victimology researches and studies. The second part is contained in chapter number five and its subchapters. Its main focus is on...
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Gardianship maltreatments and offences related to it.
Trlica, Tomáš ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Guardianship maltreatment is one of the most harmful crimes to a society, but the literature is somewhat neglected about it, for example, in comparison with the offense of battering a person living in common dwelling, namely domestic violence. Even so, it devotes some attention, at least that part of the issue related to the particular child victims of this crime. Crimes against persons who are unable to care for themselves on their own and are dependent on the care of another person who subsequently hurting is the socially very harmful or even liquidation. This offense is special both in terms of characteristics of the offender, and in terms of its subject, which is a victim of this crime. The most important peculiarity is that the object of attack is a person who is in the care of another. That person is helpless, unable to care for themselves properly. This is followed by another peculiarity of this crime, which is the relationship of the perpetrator to the victim. This has to be helping the victim in dealing with matters of everyday life and be so supportive to him. Instead, he uses this dependence, helplessness and utter reliance of the victim's person and tortures him. The sad truth is that most of the crime is committed by family members of the victim, that the victim of the person closest to him to...
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