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Settlement in criminal proceedings
Neužil, Zdeněk ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
This diploma thesis addresses issues of the institute of settlement in. The institute of settlement is one of the diversions in criminal proceedings. Diversions (divergences) in criminal proceedings are construed as special types of criminal proceedings, alternative to standard hearing of a case in main trial, within which the criminal case can be settled. The institute of settlement was incorporated into the Czech Criminal Procedure Code by the amendment n. 152/1995 Sb., that became effective on 1st September 1995. The essence of the institute of settlement is a conclusion of an agreement between the accused person and the damaged person. Such agreement is then approved and the criminal prosecution against the accused person is therefore terminated. It is thus achieved the settlement and elimination of the confrontation which was caused as a result of the committed crime between the accused person and the damaged person concerned. Title: Settlement in criminal proceedings Key words: Settlement; settlement of the confrontation between the accused person and the damaged person; approval of the settlement; diversion in criminal proceedings; Code of criminal procedure; restorative justice
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Victims of the gravest crimes: The role of victims in legal proceedings before the International Criminal Court
Mocková, Eliška ; Lipovský, Milan (advisor) ; Honusková, Věra (referee)
1 Victims of the Gravest Crimes: The Role of Victims in Legal Proceedings Before the International Criminal Court Abstract This thesis analyzes the role of victims in the proceedings before the International Criminal Court, or the so-called victims' mandate of the ICC. The purpose is to comprehensively introduce their rights as well as the way in which this regulation is being applied. Therefore, the research question has two parts. The first part inquires into the current design of the victim's rights before the Court, while the second asks about the results of its application to the present day. Answers offered by the author of the thesis appear respectively in the second and the third chapter. The first chapter is focused on a historical development of the position of victims in the system of international criminal justice. It is of introductory nature and serves to highlight the historically unprecedented character of the role of victims before the ICC. Regarding the research method, the thesis analyzes the role of victims of crimes prosecuted by the ICC from both, theoretical as well as empirical angle. The purpose is to practically and comprehensively describe the regulation of victims before the ICC but also go beyond the "letter of the law" to see the legal regulation within its material context -...
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In the beginning, there was a relationship - the Western culture´s Christian paradigm forming the image of man within the process of criminal justice
TÝMOVÁ, Kateřina
The present thesis paper deals - on theoretical level - with the importance and the gradual evolution of dialogicality of man within the context of criminal justice. In Western European cultural environment the image of man as dialogical being has been inspired by the Judeo-Christian tradition, approaching "the man in relationship" as an unlimited and transcendental form of being. In practical terms, a relationship has been perceived as the fundamental precondition in the process of restoration of a man and as an opportunity to re-approach the original absolute form of humanity, which is in harmony with God´s intention. The culturally accepted dialogical image of man has been reflected in shaping the specific form of systems and institutions created by man, including also the system of criminal law and justice, the main objective of which is enforcing justice. In the spirit of that cultural tradition, emphasis is currently laid on protection of and respect for dignity and individual rights and freedoms of man, and, thus, personal participation of the criminal conflict parties in the process of justice is required. Hence, in the persons of the offender and the victim, justice is rather becoming "the justice of dialogue and negotiation" within restorative justice, and it is so within the limits of law so as the participants´ individual needs and interests can be taken care of and obligations resulting from the conflict can be secured, to the maximum possible extent.
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