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Discharge of parental responsibility
SULZEROVÁ, Kateřina
The exercise of parental responsibility is the sum total of the rights and obligations of both parents to care for a minor child. This topic bears the name of the former legislation (1998-2014). The current legislation mentions the term "parental responsibility", therefore both terms will appear here, due to the use of mostly current sources. The aim of this bachelor thesis is to describe and introduce the issue of parental responsibility to the reader as clearly as possible. This thesis is purely theoretical and is largely based on a content analysis from professional sources, drawing mainly on statutes and current case law that deal with parental responsibility. This thesis should provide clear and transparent information for practice, which can be used by those interested in this topic or serve as study material for other students. The thesis is organized into five major chapters. The first chapter deals with parental responsibility itself, its history and its bearers. The second chapter describes the various interferences with parental responsibility, their legal regulation and the possibilities how to defend oneself in such a case. In addition to this chapter, a statistical overview of final court decisions on the suspension, limitation, removal and restoration of parental responsibility has been drawn up. The options for custody and access to a minor child are described in Chapter 3, where three basic forms of custody are also defined. In the next chapter, the different positions of institutions regarding the care of minors are elaborated. The fifth and last chapter deals with the Cochem model and its possibilities of incorporation into practice in the Czech Republic.
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Restrictions on personal freedom in theory and practice
Pouska, Tomáš ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
1 Restrictions on personal freedom in theory and practice Abstract The subject of this rigorous thesis is the connection of the theoretical and practical concept of permissible interference with the personal freedom of an individual in criminal proceedings, with an emphasis on the protection of the fundamental rights and freedoms of the person concerned. The basis of the thesis is the description and more detailed definition of some specific institutes of criminal law, in the form of detention, arrest, detention and imprisonment, which seriously interfere with personal freedom and are directly connected with the imprisonment of persons. The rigorous thesis compares and analyzes the legal embedding of the above- mentioned criminal law instruments at the national and international level with their application in real life practice and points out some fundamental differences that occur when they are used by law enforcement authorities. Attention is primarily paid to the degree of compliance with the guarantees of permissible interference with personal freedom by public authorities, the legitimacy of individual interference and also their adequacy and proportionality in relation to the goal pursued by these means. The rigorous work examines whether these criminal law institutes are applied rationally, whether...
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Criminal custody as an ultima ratio instrument
Urban, Matěj ; Šelleng, Dalibor (advisor) ; Pelc, Vladimír (referee)
Custody as an ultima ratio instrument Abstract This thesis concerns itself with the problematics of custody being an ultima ratio instrument. The aforementioned topic is based on the fact of custody being the harshest means of apprehension, which breaches the fundamental rights and freedoms of an individual in a substantial way. Firstly, this thesis describes the general characteristics of custody and the historical evolution of its legal basis in the Czech region. Then, it analyses the applicable law of custody in the Czech Republic. This body of law is split up into two larger sections, one of them being the material law of custody and the other being the formal law of custody. In regard to material law of custody, the following are mentioned in this order; general conditions for the detention of the accused, the legal reasons of custody, legal alternatives to custody and special cases of custody. In regard to the formal side of the law of custody, the following are mentioned in this order; the description and analysis of length of custody and its admissibility, the ruling in the question of custody, the court session, the objection to the court decision and the execution of custody. This part of the thesis is adjoined by a shorter chapter, which concerns itself by the inclusion of the length of custody...
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The issue of the concept of criminal custody
Votočková, Lucie ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
THE ISSUE OF THE CONCEPT OF CRIMINAL CUSTODY This diploma thesis deals with a criminal custody. This is an important part of a criminal process where there is a restriction of personal freedom based on a need to ensure people for acts of a prosecution. It is a complex issue which requires proper and sensitive legislation and as well as appropriate use in a practice. First part of this diploma thesis focuses on the term of custody. It explains the definition and an essential features. In the subchapters, principles which drive custody are specified. Differences between custody and judgment are explained. Second part of the diploma thesis concerns about question of personal freedom and custody in connection with international and constitutional law. First subchapter deals with the Charter of Fundamental Rights and Basic Freedoms which sets basic conditions for limitation of personal freedom and for detention. Next subchapter compares two important international documents: European Convention of Human Rights and International Covenant on Civil and Political Rights. These two documents have a big influence on enactment of custody in Czech Republic. Third part contents substantive enactment of custody. The conditions for arrest are presented. Farther the reasons for custody and also strengthened reasons...
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Special pedagogue role in system of treating with prisoners
Sechterová, Lenka ; Bajcura, Lubomír (advisor) ; Šotolová, Eva (referee)
This diploma thesis deals with special pedagogue role in system of treating with prisoners at the department custody and department of imprisonment. It also describes all the activities and programs, which are prepared by special pedagogue for accused and convinced. There is described the work of special pedagogue in Remand Prison Praha-Pankrác. The research was based on observations, case reports and interviews.
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Desintegrating families - the importance of family law for school practise and its influence on managerial work of the elementary school headmaster
Šalamova, Ildikó ; Kitzberger, Jindřich (advisor) ; Báča, Milan (referee)
TITLE: Disintegrating families - the importance of family law for school practice and its influence on managerial work of the elementary school headmaster. AUTHOR: Ildikó Šalamova DEPARTMENT: School managment centre SUPERVISOR: RNDr. Jindřich Kitzberger ABSTRACT: The aim of this Bachelor's thesis paper is to analyse the compliance of the current legal standards valid for families and schooling in the area of various forms of regulation of legal relations between school-age children and their legal guardians after the breakup of a marriage or the separation of partners. The breakup of the family, followed by granting of custody and the phenomenon of shared custody of minor school-age children, significantly influences school life and the work of the school manager. Through analysis and research I discovered the extent to which family law and school law, as amended, mutually complement each other in primary school in cases of problem-free application of child custody or shared custody, and in what way the law for the given obligation ensuing from one of the valid standards in everyday application influences institutions underpinning the second legal standard. KEYWORDS: custody, shared custody, mutual custody, obligatory school attendance, custody and school
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Custody in criminal trial
Nosková, Jana ; Jelínek, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
Docotral thesis deals with the issue of custody as a hedge of criminal law, which is the most serious interference with the personal liberty of the accused. The thesis in addition to the initial and final part is divided into nine chapters. The introductory chapter is devoting to embedding custody .The following chapter is focused on material issues of custodial rights. The main part is devoted to procedural custody issues, its own decision to remand the accused in custody, custodial session, review the merits of the custody decision to extend it and replacing the bond measure. In the following chapters is analyzed the custody in juvenile proceedings, the defense of the accused in custody, custody and liability for damage done by a detention. Briefly identifies the Slovak legislation custody. The last chapter is devoted to the detected data relating to remand cases for 2012 in the scope of the District Public Prosecutor's Office in Jihlava and their comparison with data from other government offices. The aim of my thesis was to provide a comprehensive characterization of the current legislation ties especially in the context of extensive amendment of the Institute No. 459/2011 Coll. and the attached amendment to Act No. 45/2013 Coll., to focused on some problematic provisions and propose approaches...
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Custody in criminal trial
Chovancová, Olga ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
This rigorous thesis creates a complex picture of custody, which is considered as one of the custodial instruments in the criminal law. The thesis contains constitutional basics of custody, characteristics of material and formal custodial law and is especially focused on explanation of concept of custody, characteristic principles of legal regulations, conditions necessary for taking accused into custody, custodial reasons, resolution making, judicial review of custody and determination of maximal duration of custody. Futhermore it also reports about instruments which are capable to substitute custody with measures not connected with constraint of individual liberty. The thesis is based on analysis of legal enactments and judicature.
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Court decisions on regulation of proportion of the minor child in relation to the divorce or to the separation of his parents
Renfusová, Lenka ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This Master's degree thesis addresses the issue of the decision making process about settlement of the relationship between parents and their underage children after their divorce or separation. The purpose of the thesis is to analyse current regulation of this field in the Czech Republic and evaluate changes brought about by new Civil Code Act No. 89/2012 Coll., which is coming into force on 1st January 2014. The thesis is composed of nine chapters. The chapter one starts with a description of the historical development of family law since the Austrian Civil Code of 1811 up to now with emphasis on situation of the minor child after parental divorce or separation. Its second part deals with new Civil code which includes the family law and government bill of civil procedure code with procedure concern the minor child. Chapter Two focuses on minor child and legal instruments concerning his protection when parents are getting divorce or do not live together. The chapter consists of three parts. Part one describes who are parents and who is child in the Czech civil law. Part two refers to the role of the court in protection of child's best interests. The third part seek to draw attention to participatory rights of the child. The following chapter, divided into four section, looks at the procedure in...
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Penitentiary and Post-Penitentiary care in the Czech Republic
Poláchová, Jana ; Lorenzová, Jitka (advisor) ; Koťa, Jaroslav (referee)
Aim of my diploma thesis is to describe the system of penitentiary and post-penitentiary care in the Czech republic and determine whether and how it works link these two components in practice. This thesis consists of two parts - a theoretical one and a practical one. In the theoretical part I explain the expressions and the subjects that provide this care in our republic. I also try to clarify the purpose and the sense of this care and the relations between penitentiary and post-penitentiary care. I deal with the conception of work with defendant and convicted people, as well, and with the possibilities of work with clients in jail. I cpecify problems of this work in details. Last but not lest i mention upbriding, education and employment of people in the course of custody and imprisonment. The practical part of my diploma thesis is based on my praktice in the jailhouse Praha - Ruzyně that I manager in the course my studies. I start with guilty and convict clients there, then I mention the structure of the working team of specialist. The possibilities of the clients regarding the treatment is procedure, education and employment in this jailhouse make an important part of this diploma work. I interviewed the clients about thein way of life, problems and life situation. I pointe dout their oppinion on the...
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