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Přestupkové řízení
Skřičková, Martina
This bachelor thesis deals with the misdemeanour proceedings. The theoretical part describes the basic concepts and principles related to the misdemeanour proceedings. It also describes the course of the proceedings and subsequently, gained knowledge of proceedings is applied to the present case. The thesis also refers to the amendments of § Law.
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Offenses in the Light of New Legislation
PŘÍPLATA, Milan
The main aim of this bachelor thesis is to describe the new legislation on offenses, and then to compare the new and old legislation. The bachelor thesis characterizes the new laws, which are Act No. 250/2016 Coll., 'the Act on Liability for Misdemeanours and Proceedings on Them', and Act No. 251/2016 Coll., 'the Act on Certain Misdemeanours'. One of the main points is to focus on new improvements in the new acts. The main source of information is quantitative research using the research method of a questionnaire. The respondents include employees of the relevant administrative authorities dealing with this issue. Another source of information is a controlled interview with the chairman of a misdemeanour commission. For a better idea, the research results are shown in tables and graphs.
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First-instance proceedings for administrative transgressions
Novotná, Martina ; Prášková, Helena (advisor) ; Kopecký, Martin (referee)
The offence proceedings are a special type of the administrative proceedings, through which the administrative body adjudicate on the accused of the offence and his guilt and punishment. The purpose of the offence proceedings is to find out solution of a question, if the offence was committed and who is responsible for that. The offence proceedings are regulated mainly in the code no. 200/1990 Sb., Act on Transgressions, and subsidiary in the code no. 500/2004 Sb., Administrative Procedure Rules. Also legal principles are very important and influencing the offence proceedings. The offence is the object of the offence proceedings. The offence according to the Czech legal system is considered as a wrongful act which is injurious to the public as the crime is, but the difference between them is that the offence is less serious than a crime. The participants and the administrative body are the subjects of this type of proceedings. The offences are heard by the administrative body and the administrative body decides on rights and impose the obligations towards the offender. The participants of the offence proceedings are the accused of the offence, the aggrieved party, the owner of the thing, that might be confiscated, and the applicant, who put the petition. Before the offence proceedings begin, there is a...
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Proceedings for administrative infractions in the first instance
Lokvenc, Jan ; Prášková, Helena (advisor) ; Kopecký, Martin (referee)
Title of this thesis: Proceedings for administrative infractions in the first instance The thesis deals with administrative infraction proceedings in the first instance, specifically about the steps of administrative office before instituting the administrative proceedings. It is based on the new scholarly literature, incorporates new judicature and takes account of methodologies of Ministry of the Interior and practical problems. In the chapter I there are defined administrative infraction proceedings, its relation to Administrative proceedings Act and the infraction and there is also described the possibility of using analogy. In the chapter II there is description of the main procedural principles of administrative infraction proceedings and their importance to proceedings. In addition to the principles resulted directly from Misdemeanours Act there are also described the constitutional and administrative principles. In the chapter III there is described competence of administrative office in administrative infraction proceedings, namely subject-matter jurisdiction, local jurisdiction and function competence. It deals with the changes of these competences too. Furthermore, in this context the thesis deals with professional competence of persons in authority and with contracts under public law....
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First-instance proceedings for administrative transressions
Novotná, Martina ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
Offence proceedings in the first instance Resumé The offence proceedings are a special type of the administrative proceedings, through which the administrative body adjudicate on the accused of the offence and his guilt and punishment. The purpose of the offence proceedings is to find out solution of a question, if the offence was committed and who is responsible for that. The offence proceedings are regulated mainly in the code no. 200/1990 Sb., Act on Transgressions, and subsidiary in the code no. 500/2004 Sb., Administrative Procedure Rules. Also legal principles are very important and influencing the offence proceedings. The offence is the object of the offence proceedings. The offence according to the Czech legal system is considered as a wrongful act which is injurious to the public as the crime is, but the difference between them is that the offence is less serious than a crime. The participants and the administrative body are the subjects of this type of proceedings. The offences are heard by the administrative body and the administrative body decides on rights and impose the obligations towards the offender. The participants of the offence proceedings are the accused of the offence, the aggrieved party, the owner of the thing, that might be confiscated, and the applicant, who put the petition....
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Misdemeanour proceedings as a special type of administrative proceedings
Tauš, Jakub ; Vedral, Josef (advisor) ; Petrmichl, Václav (referee)
Misdemeanour proceedings as a special type of administrative proceedings Abstract The diploma thesis aims to describe and analyze the infringement procedure in the first instance as a whole and to point out its specifics and peculiarities. It tries to describe the mutual functioning of two basic regulations for misdemeanour proceedings, namely The Act On Liability for Delicts No 250/2016 Sb., and Act No 500/2004 Sb., Rules of Administrative Procedure. The specifics of the proceedings on the offense result from its criminal nature, when the administrative body decides on the guilt and administrative punishment for the committed offense, thus bringing it closer to the classic criminal proceedings. Criminal proceedings within the meaning of Article 6 of the European Convention on Human Rights must also be seen in criminal proceedings. In general, there is a tendency in misdemeanour proceedings to move it closer to the level of criminal proceedings. The first part of the thesis deals with the general concept of administrative proceedings, the scope of the Administrative Procedure Code and the subsidiary relationship of the Administrative Procedure Code and other regulations. The second part defines terms such as administrative criminal law, administrative punishment or misdemeanour law and describes basic...
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Participants in misdemeanor proceedings and their rights in application practice
Šimon, Josef ; Prášková, Helena (advisor) ; Petrmichl, Václav (referee)
Participants in misdemeanor proceedings and their rights in application practice Abstract Misdemeanor proceedings are an administrative procedure of public authorities (administrative bodies). Through which, part of the criminal policy of states is implemented. Its main task is to hold the perpetrator liable for their wrongdoing and to protect society from less serious acts - misdemeanors. In essence, it is similar to criminal proceedings, whose objective differs only in that it protects society from more serious acts. It follows from this definition, that the misdemeanor proceedings should not differ significantly from the procedural guarantees observed in criminal proceedings. Procedural guarantees of criminal proceedings are provided through the rights of accused persons. The subject of this paper is the analysis of procedural rights, especially of those accused of a misdemeanor, but also other participants in the proceedings on the misdemeanor. Emphasis is placed on the content of these rights and the possibility of exercising them towards administrative authorities. To this end, the thesis examines the decision-making practice of supreme courts (European Court of Human Rights, Constitutional Court, Supreme Administrative Court), as well as administrative bodies in the field of administrative criminal...
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Přestupkové řízení
Hartlová, Adéla
The basic terms connected with offences and offence proceeding are presented here. The run of offence proceeding considering amendment from October 2016 is described. Then it is applied on the real case - the chosen property offence. At the end the case is evaluated by its material and processional aspect and the thesis shows the frequency of offences in the authority of the offence committee in Blansko. An abstract is in (British) English.
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First instance hearing of administrative delicts
Nováková, Hana ; Prášková, Helena (advisor) ; Kryska, David (referee)
The subject matter of this thesis is the first instance hearing of administrative delicts, where the main focus is on the legal status of the accused. Since the adjudgement on guilt of the accused is the fundamental objective of the administrative infraction proceedings, it is not conceivable that such proceedings would be conducted in his/her absence. The accused is the essential subject whose rights and obligations are mandatorily adjudicated. Part 3 of the Act No. 200/1990 Coll., on Transgressions, is the main source of legal regulation of administrative infraction proceedings, while the Act No. 500/2004 Coll., Administrative Procedure Code, shall be used subsidiarily. These laws represent the basic legal framework for a proper conduction of administrative infraction proceedings. However it is also necessary to apply a wide range of legal principles arising out of the constitutional law and the international law. The European Convention on Human Rights plays a pivotal role since it guarantees the right to a fair trial, together with the presumption of innocence and the right of self-defense, as two integral parts of the right to a fair trial. This thesis analyses the individual procedural rights of the accused in detail, along with their classification into appropriate stages of the...
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