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Compensation of immaterial damage in criminal proceedings
Klatovský, Jakub ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
121 Compensation of immaterial damage in criminal proceedings - Abstract The topic of this rigorous thesis is compensation for immaterial damage in criminal proceedings. This topic is mainly related to the question of fulfilling the conditions for its compensation and determining its amount. This thesis deals with the victim's entitlement to claim compensation for immaterial damage and a series of related issues, especially in relation to the determination of the amount of the claim for compensation for immaterial damage. The application and quantification of the injured party's claim in monetary form is considerably more complicated than in the case of compensation for material damages, and therefore this issue requires increased attention. The purpose of this thesis is to point out the procedural procedure of making a claim by the injured party in adhesion proceedings, the decision-making practice of the Supreme Court and the Constitutional Court, which often come into conflict with each other, and at the same time to put forward my own proposals for possible changes to the current wording of the Criminal Procedure Code. This rigorous thesis is divided into six chapters, each chapter dealing with a selected aspect of the issue of compensation for immaterial damage in criminal proceedings. The first...
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Indemnification of claims of injured persons resulting from the insurance of liability for damage caused by operation of a vehicle
Suchá, Veronika ; Karfíková, Marie (advisor) ; Kohajda, Michael (referee)
The thesis deals with indemnification of claims of injured persons resulting from the insurance of liability for injury caused by operation of a vehicle and especially with individual claims of injured persons resulting from the insurance of liability for injury caused by operation of a vehicle, where it endeavours to compare legal regulation effective until 31th December 2013 with the legal regulation effective as of 1st January 2014 and it highlight the most important impacts of the Act No. 89/2012 Coll., Civil Code, in the area of indemnification of claims of injured persons originating due to infliction of physical injury or death. It is a very current topic considering the number of traffic accidents and due to the fact, that this is an issue was affected by the re-codification of the civil law. The thesis is composed of five chapters. Chapter one discusses development of legal regulation of the insurance of liability for injury caused by operation of a vehicle in the territory of the Czech Republic. Chapter two defines the basic terms and legal institutes related to indemnification of claims of injured persons resulting from the insurance of liability for injury caused by operation of a vehicle, which are: operation, operator, insurer, the policy holder, insured and injured person, damage and...
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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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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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The injured party and his procedural rights in Czech criminal proceedings
Vaňková, Zuzana ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
The injured party and his procedural rights in Czech criminal proceedings Abstract: The subject of this paper is the injured party and his procedural rights in current Czech criminal proceedings. The aim of this paper is to depict the victims' position comprehensively, with an emphasis on their procedural rights in criminal proceedings. The systematics of the text is chosen in such a way, so that individual situations in which the concerned persons end up and their related rights follow as far as possible chronologically. The first chapter is concerned with defining the basic concepts and also with sources of the relevant legal regulation. Afterwards, the paper contains the description of the period from committing the crime to the criminal proceedings, mainly from the victims' point of view. Firstly, some statistic data is given to illustrate the likelihood of victimization in the Czech Republic, followed by an enumeration of lawful reaction to it. The list of places, where the victim can find help and support, is mentioned as well as the description of the possible entrances to the criminal proceedings. The following part deals with the way in which the injured party acts in the proceedings - his procedural subjectivity and potential representation, including the related costs. Then, a section concerned...
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The protection of the injured person and the victim in the criminal proceedings
Janoušek, Martin ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
THE PROTECTION OF THE INJURED PERSON AND THE VICTIM IN THE CRIMINAL PROCEEDINGS - ABSTRACT The content of this thesis is a definition of the term "injured person" in the sense of procedural party of the criminal proceedings and of the term "victim of the criminal act" in the sense of subject that is being defined by other legislation than by the Criminal Procedure Code. In the introductory chapter of this thesis the reader will be learnt the status of the injured person in the criminal proceedings (not only) in our country from the historical perspective. Thereafter he/she will be clarified the term "injured person" and simultaneously will be learnt a catalog of permissions the injured person is being granted by the Criminal Procedure Code. Separate chapter is devoted to the victim of the criminal act. In this chapter the reader will be learnt in particular international documents and regulations of the European Union which are being devoted to this term whereas a part of this chapter is also devoted to the existing legislation in the Czech Republic. In this thesis is also possible to learn, at least in general, legislation in neighboring countries. In conclusion the thesis is guided by considerations on possible future changes in legislation concerning the status of the injured person and the victim.
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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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Compensation for non-material damage in the event of injury and death in collateral proceedings
Regnerová, Eva ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
Compensation for non-material damage in the event of health injury and death in adhesive proceedings Abstract The topic of this diploma thesis is compensation for non-material damage in event of health injury and death in adhesive proceedings. This is a complex topic in which the provisions and principles of criminal and civil law intertwine. Adhesive proceedings are an institute of criminal procedural law that allows the injured party to recover damages, non-material damage and unjust enrichment during criminal proceedings without having to proceed in civil proceedings. Non-material damage is an institute of private law; when deciding on the amount of non-pecuniary damage, the court decides on the basis of private substantive legal provisions. The first part of the theis is focused on the position of the injured party in criminal proceedings. The thesis first defines the position of the injured party, his rights, the possibilities of his representation. The main emphasis is placed on the conditions for claiming the injured party's claim, so that for procedural reasons the injured party is not referred to civil proceedings. In the second part of the work, non-material damage is dealt with, first in case of personal injury, in the next part in case of death. In both of these separate chapters, the current...
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An injured party and a victim of crime
Kadeřávková, Martina ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
An injured party and a victim of crime Abstract This master's thesis deals with the legal status of the injured party and the victim of a crime. The aim of this master's thesis is to describe the legal regulation of the victim and injured party in the Czech Republic, to draw attention to its shortcomings and to present proposals de lege ferenda. The author uses a descriptive method and critical analysis. The first and seventh chapters also contain a comparison with foreign legislation. The master's thesis is composed of the introduction, eight chapters and the end. The first half of this master's thesis deals with crime victims. The first chapter deals with the general definition of the victim of crime. It also mentions the importance of the victim to criminal law. The next chapter is focused on victimology and its elemental terms. The third chapter includes legal regulation in the Czech Republic. The author deals with situation before the Act 45/2013 Coll., the Victims of Crime Bill, its executive legal regulations and Act 59/2017 Coll. The fourth chapter discusses in detail the rights of victims: the right to professional assistance, the right to information, the right to protection from imminent danger, the right to privacy, the right to protection from secondary harm and the right to financial...
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An injured party in criminal proceedings and his/her protection
Spitsyn, Oleksandr ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
An injured party in criminal proceedings and his/her protection The diploma thesis deals with the position of the injured party and his protection during the entire criminal proceedings and a description of the rights at his disposal in its individual phases. It draws information from legislation, literature, case law and electronic resources. The diploma thesis is divided into five chapters. The first includes the definition of the term injured party, both its positive and negative definitions. It also describes the differences between the terms 'injured party' and 'victim of a crime'. The second chapter focuses on the description of the rights that belong to all injured, as well as those that belong only to the injured, who have the status of a subject in adhesion proceedings under § 43, paragraph 3 of the Criminal Procedure Code. The most important of these rights are characterized in more detail. It is also describing the possibility of injured party to waiver his procedural rights and analyzing the problem of partial waiver. The last part of the chapter is devoted to minors as the injured parties and their special position in criminal proceedings. The third chapter describes in more detail the position of the injured party in the individual stages of criminal proceedings, from the preparatory...
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