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The Constitutional Institute of Pardon and Amnesty
Bednář, Marcel ; Janstová, Kateřina (advisor) ; Kudrna, Jan (referee)
The Constitutional Institute of Pardon and Amnesty The diploma thesis called The Constitutional Institute of Pardon and Amnesty is dealing with highly relevant issues often discussed at the political scene of the Czech Republic. It reflects the current debate on whether the institutes should remain in the legal system of the Czech Republic. The main thesis was chosen accordingly - on the contrary to arguments pleading for removing the institutes. The diploma thesis explains the main terms and theoretical divisions, as well as various forms of the institutes of pardon and amnesty. One of the chapters is devoted to the meaning of the institutes which may play a significant role when considering legitimacy of pardons and amnesties. Current domestic legislation regarding the institutes is described with regard to consequences of international law. The process of presidential pardon granting is elaborated in detail. Critical moments of the process are emphasised and different approaches of the three presidents of the Czech Republic are compared. The chapter concerning amnesty is constructed similarly. Critical moments of the institutes of pardon and amnesty are discussed thoroughly. The focus is aimed to problems such as responsibility, overusing or misusing of the institutes or clash with the...
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Constitucional institutes of pardon and amnesty
Šembera, Jan ; Janstová, Kateřina (advisor) ; Kudrna, Jan (referee)
1 Abstract CONSTITUTIONAL INSTITUTES OF PARDON AND AMNESTY This thesis deals with constitutional institutes of pardon and amnesty. The thesis aims to provide information on existing legal regulation of this area, closer explanation of the particular legal institutes, describe their historical development and show the way of their application during tenures of Czech presidents. The Introduction contains brief summary of the goals of the thesis, its structure and reasons for choice of the respective topic. The First Chapter is devoted to definition of elementary terms of pardon and amnesty and explanation of basic differences of their forms, i.e. abolition, agraciation and rehabilitation since correct understanding of these terms is crucial for understanding of the whole following text, The Second Chapter deals with historical development of the constitutional institutes in question before emergence of the independent Czech Republic. The Third Chapter contains analysis of current legal regulation in constitutional and general law. The Fourth Chapter is devoted to pardon, particularly more thorough analysis of transfer of capacity to grant pardons and procedural affairs related to granting of pardons in practice. Final part of this Chapter contains description of specific pardons granted during tenures of...
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Pardon in constitutional law
Stejskal, Jakub ; Kysela, Jan (advisor) ; Hřebejk, Jiří (referee)
Pardons in constitutional law Abstract This thesis is focusing on the constitutional institute of pardon both in its individual and collective form. The highest attention is paid to the legal framework of the Czech Republic. The thesis is divided into five sections. The first one deals with the theoretical term of mercy and its origin. In this section are also described four forms of pardon, namely suspension of a criminal proceedings, mitigation and pardoning of a sentence, remission of its legal consequences and amnesty as a pardon granted collectively. In this section are also outlined legal provisions of chosen states. Arguments in favour of a future existence of pardon as well as arguments against are also introduced. The second part elaborates a development of constitutional pardon in the Czech legal history starting from the first constitution declared in 1848 to the separation of the Czech and Slovak Federative Republic. Besides of historical constitutions, provisions of ordinary statutes are also mentioned as well as examples of granted pardons which performed an important historical role. The third part focuses on current legal provisions in the Czech Republic and the distinction between the article 62 and 63 of the Constitution. Besides, the relation between constitutional provisions and other...
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Constitucional institutes of pardon and amnesty
Šembera, Jan ; Janstová, Kateřina (advisor) ; Kudrna, Jan (referee)
1 Abstract CONSTITUTIONAL INSTITUTES OF PARDON AND AMNESTY This thesis deals with constitutional institutes of pardon and amnesty. The thesis aims to provide information on existing legal regulation of this area, closer explanation of the particular legal institutes, describe their historical development and show the way of their application during tenures of Czech presidents. The Introduction contains brief summary of the goals of the thesis, its structure and reasons for choice of the respective topic. The First Chapter is devoted to definition of elementary terms of pardon and amnesty and explanation of basic differences of their forms, i.e. abolition, agraciation and rehabilitation since correct understanding of these terms is crucial for understanding of the whole following text, The Second Chapter deals with historical development of the constitutional institutes in question before emergence of the independent Czech Republic. The Third Chapter contains analysis of current legal regulation in constitutional and general law. The Fourth Chapter is devoted to pardon, particularly more thorough analysis of transfer of capacity to grant pardons and procedural affairs related to granting of pardons in practice. Final part of this Chapter contains description of specific pardons granted during tenures of...
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The Constitutional Institute of Pardon and Amnesty
Bednář, Marcel ; Janstová, Kateřina (advisor) ; Kudrna, Jan (referee)
The Constitutional Institute of Pardon and Amnesty The diploma thesis called The Constitutional Institute of Pardon and Amnesty is dealing with highly relevant issues often discussed at the political scene of the Czech Republic. It reflects the current debate on whether the institutes should remain in the legal system of the Czech Republic. The main thesis was chosen accordingly - on the contrary to arguments pleading for removing the institutes. The diploma thesis explains the main terms and theoretical divisions, as well as various forms of the institutes of pardon and amnesty. One of the chapters is devoted to the meaning of the institutes which may play a significant role when considering legitimacy of pardons and amnesties. Current domestic legislation regarding the institutes is described with regard to consequences of international law. The process of presidential pardon granting is elaborated in detail. Critical moments of the process are emphasised and different approaches of the three presidents of the Czech Republic are compared. The chapter concerning amnesty is constructed similarly. Critical moments of the institutes of pardon and amnesty are discussed thoroughly. The focus is aimed to problems such as responsibility, overusing or misusing of the institutes or clash with the...
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Institutes of pardon and amnesty and their fulfilment in decisions of presidents of the Czech Republic.
Hrušková, Šárka ; Janstová, Kateřina (advisor) ; Hřebejk, Jiří (referee)
The present work deals with the institutes of a pardon and amnesty and their utilization in the Czech Republic. It focuses on the current domestic legislation and its application by the particular decisions of the presidents of the republic. The author points out the advantages and disadvantages of the current legal regulation. The aim of the work is to provide a summary of the issues and to suggest eventual alterations of the current legislation. The work is, apart from the introduction and the conclusion, composed of five chapters. The first one introduces into the subject of the work and characterises the institute of a pardon and amnesty and their three forms, i.e. a pardon and a mitigation of penalties imposed by the court, a suspension of criminal proceedings and a deletion of a sentence. The second chapter deals with the regulation of the institutes. First, it presents history of this regulation and afterwards it analyses current legal regulations contained in the Constitution of the Czech Republic and others laws. The third chapter concerns just the institutes of a pardon. It focuses primarily on the presidential orders delegating a part of his power to Minister of Justice and also on the proceeding of a grand pardon. At the end of the chapter, there is the utilization rate of the pardon institute...
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Confiscations after battle of Bílá hora in cities on the example of Old Town in Prague
Sojková, Alena ; Čechura, Jaroslav (advisor) ; Bacík, Radek (referee)
This text deals with process of confiscations after battle of Bílá hora with the aim at sanctions on cities and their city-dwellers and focuses above all on Prague cities, concretely on Old Town of Prague. In the text, there is outlined the general course of the events after lost battle, which finally result in sanctions of property. The text focused on a work of two commissions, enforcement (executionary) commission and confiscatory commission, whose interference with property structure was probably the strongest; partly it covers also executions after an exit of persons from country for reasons of religion, thus after publication od Obnovené zřízení zemské (may translated as Redefined municipal constitution). In a question of enforcement commission the text concentrates rather on financial incidence than scaffolds itself, which are mentioned only marginally (number of executions, which city-dwellers were executed atc.). Every type of sanction (execution, release from prison, penalty etc.) is then illustrated on cases of city-dwellers of Old Town in Prague, that were participants of this processes. In every type one or two cases are chosen, which are analysed in more details, careers of others punished like that (or finally unpunished) are noticed only with relation to amount and enumeration of...
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