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The issues of juvenile criminal justice
Raška, Vojtěch ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
The issues of juvenile criminal justice The topic of this diploma thesis is the issues of juvenile criminal justice. Under the term juvenile criminal justice we mean special legislation of mixed (substantial as well as procedural) character, which applies to criminal responsibility, sanctioning and criminal proceedings of offenders under 18 (usually from 15, exceptionally erlier in the cases of otherwise criminal acts commited by children under 15). In this thesis I set a goal to analyze the current legislation of this issue, point out legal provisions which are questionable in theory and application, as well as offer possible changes from de lege ferenda point of view, firstly by thorough analysis of literature and secondly by analyzing not yet published judicial decisions of Municipal Court of Prague, statistics of Police of the Czech Republic and other sources reflecting current trends and professional practice. The presented thesis is divided into four main parts, that are logically connected to each other and allow the reader to come through the researched issue gradually. I proceed from general theoretical explanations throught analysis of contemporary legislation and its issues to analysis of current judicial decisions. Basic terms, particularly juvenile, child, age close to minority, are...
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The selected issues of juvenile criminal justice
Adam, Josef ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
IN ENGLISH The thesis deals with the selected issues of the juvenile criminal justice. The aim of the thesis is to analyze certain issues of the juvenile criminal law, especially the issue of their criminal liability, punishment for their illegal conducts with concentration on upbringing measures, further protection of juvenile privacy and introduction to restorative justice. The respective analyses were realized with respect to historical development of the legal regulation of juvenile justice in the Czech Republic, primarily in form of comparison with the regulation from 1931, which was an inspiration for the current legal act on juvenile justice. Within my thesis I emphasize on aspects of restorative justice and bigger share of upbringing measures.
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The possible solutions of juvenile criminal liability in the European context
Pošíková, Lenka ; Galovcová, Ingrid (referee)
The thesis thoroughly examines the issue of response to juvenile delinquency and potential solutions of their criminal liability in the European context. The thesis describes the historical development of approach to juvenile delinquency, as well as basic models of youth justice. The important part of the thesis focuses on comparative analyses of selected foreign legislation, namely the legal order of Germany, Austria and Switzerland. In depth are analyzed penalty systems of those countries and their mutual comparison. Further part is dedicated to evaluation of selected sanctions in terms of their effectiveness based on knowledge about recidivism of juvenile offenders. In relation to effectiveness of sanctions the thesis deals with question how to influence different types of juvenile offenders from the perspective of developmental criminology, especially chronic offenders. Author pays attention to the phenomenon of chronic juvenile offenders, formulates risk factors used to identify and predict the life-course delinquency. Following subpart discusses two of the most important factors influencing the committing of serious crimes by juveniles, e.g. delinquent peer groups and immigrant origin, which are relative neglected in the Czech professional literature. The importance of immigrant origin for a...
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The possible solutions of juvenile criminal liability in the European context
Pošíková, Lenka ; Galovcová, Ingrid (referee)
The thesis thoroughly examines the issue of response to juvenile delinquency and potential solutions of their criminal liability in the European context. The thesis describes the historical development of approach to juvenile delinquency, as well as basic models of youth justice. The important part of the thesis focuses on comparative analyses of selected foreign legislation, namely the legal order of Germany, Austria and Switzerland. In depth are analyzed penalty systems of those countries and their mutual comparison. Further part is dedicated to evaluation of selected sanctions in terms of their effectiveness based on knowledge about recidivism of juvenile offenders. In relation to effectiveness of sanctions the thesis deals with question how to influence different types of juvenile offenders from the perspective of developmental criminology, especially chronic offenders. Author pays attention to the phenomenon of chronic juvenile offenders, formulates risk factors used to identify and predict the life-course delinquency. Following subpart discusses two of the most important factors influencing the committing of serious crimes by juveniles, e.g. delinquent peer groups and immigrant origin, which are relative neglected in the Czech professional literature. The importance of immigrant origin for a...
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Juvenile justice - Comparison of swiss and czech law
Hurychová Peroutková, Lucie ; Jelínek, Jiří (advisor) ; Ivor, Jaroslav (referee) ; Mencerová, Ingrid (referee)
1 Juvenile justice - Comparison of swiss and czech law with focus on criminal procedure Abstract anglicky This thesis focuses on comparison of Czech and Swiss form of juvenile justice. The opening chapters briefly summarize the Czech law no. 218/2003 Sb., basic principles of juvenile criminal procedures, concept of his criminal liability and sets out sanctions - educational, protective and penal - which can be assigned to a juvenile person. Then a Swiss version of juvenile law is introduced (the "Jugendstrafgesetz") together with juvenile criminal procedures law ("Jugendstrafprozesordnung"). Also these chapters cotains introduction of basic principles of both laws, a detailed description of respective penalties ("Strafen") and protective measures ("Schutzmassnahmen") and their execution. The juvenile criminal procedure, its specifics and details, is described in Chapter 4, followed by the analysis of laws, comparisons of specific penalties and protective measures. This is supported by recent statistic of juvenile criminality, decisions of special juvenile courts and age limits for criminal liability throughout Europe. Swiss judgements are supplemented by an overview of type and length of respective sanctions and execution of protective measures of placement. The goal of this thesis is to show a different...
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The issues of juvenile criminal justice
Pokorná, Tereza ; Hořák, Jaromír (advisor) ; Tlapák Navrátilová, Jana (referee)
The topic of my Master's degree thesis is "The issue of criminal juvenile justice". It is focused on the area of unlawful acts of youth and children under fifteen years old. I chosed this topic because of my interest in this area. The main focus of my thesis is juridical, and minor part is also devoted to criminal aspects. I focus mainly on the sanctions. Thesis is divided into seven chapters and further split into subsections. In the first chapter I describe basic facts of the youth criminal acts. I'm focusing mainly in the characteristic criminal conducts and behaviors. The following chapter is focused on Juvenile criminal justice and mainly Law No. 218/2003 Coll. It deal with the purpose of the law and the basic concepts. The third chapter describe the area of the legal accountability of youth people, it means the question of legal accountability and moral and intellectual maturity. It deals with issue of insanity and age limit for criminal accountability of youth. In the fourth chapter I have focused on the termination of criminal liability, active repentance and the Limitation of the law. The fifth chapter is focused on the analysis of measures and their deficiency. This chapter represents the core part of the thesis. In sixth chapter I deal with the question of specific forms of criminal...
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System of juvenile punishments
Salmonová, Tereza ; Tlapák Navrátilová, Jana (referee)
This thesis particularly follows up the progression of the czech juvenile criminal justice system from the middle ages to the most recent (to thesis submission date) amendment of the act no. 218/2003 Sb., on criminal liability of juvenile and juvenile criminal justice, hereinafter ZSVM. ZSVM predestinates fate of juvenile offenders for more than 13 years since its effectiveness in czech legal system. The main objectives of this thesis are to clarify the main reasons of ZSVM passing, to delineate mood in czech society before its assent, to present selected legal specifics such as basic principles, system of juvenile punishments and to confront all the abovementioned with statistical data to make sure the system meets the alleged purposes. The main content of this thesis is the fifth chapter, where the system of juvenile punisthments is beeing described and confronted in great detail with basic principles of punishing juvenile criminals and statistical data from the database of Ministry of justice in order to learn, whether the measure in system are beeing properly applied. Final part of this thesis compares czech criminal legislation to the one in Slovak Republic, which had the same default legal situation after Czech and Slovak Federative Republic desintegrated. Learned facts regarding to a major...
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The possible solutions of juvenile criminal liability in the European context
Pošíková, Lenka ; Jelínek, Jiří (advisor) ; Herczeg, Jiří (referee) ; Sváček, Jan (referee)
The thesis thoroughly examines the issue of response to juvenile delinquency and potential solutions of their criminal liability in the European context. The thesis describes the historical development of approach to juvenile delinquency, as well as basic models of youth justice. The important part of the thesis focuses on comparative analyses of selected foreign legislation, namely the legal order of Germany, Austria and Switzerland. In depth are analyzed penalty systems of those countries and their mutual comparison. Further part is dedicated to evaluation of selected sanctions in terms of their effectiveness based on knowledge about recidivism of juvenile offenders. In relation to effectiveness of sanctions the thesis deals with question how to influence different types of juvenile offenders from the perspective of developmental criminology, especially chronic offenders. Author pays attention to the phenomenon of chronic juvenile offenders, formulates risk factors used to identify and predict the life-course delinquency. Following subpart discusses two of the most important factors influencing the committing of serious crimes by juveniles, e.g. delinquent peer groups and immigrant origin, which are relative neglected in the Czech professional literature. The importance of immigrant origin for a...
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The issues of the juvenile criminal justice
Šimková, Lucie ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
Anglický abstrakt The issues of the juvenile criminal justice This thesis is focused on question of juvenile delinquency, committing of unlawful acts of the youth and the children younger fifteen years old and penalties which are imposed according to Act No. 218/2003 Coll. This thesis deals with questions connected with delinquency of juvenile and handle them from view of substantial law, as to approach to them from criminality and criminology views. Thesis is focused on introducing united perspective of chosen topics juvenile criminal justice and in case of options settling alternative solutions. In the end of each chapter the author's own opinion is presented and in the case of problematic regulation also possible solution is proposed. Test is divided in to five chapters and further split into subsections. In first chapter basic key concepts regarding main thesis are defined. In the second chapter thesis deals with juvenile delinquency, especially about cause leading to delinquent acting of individuals and main features of unlawful acts committed by the youth. Further there are summarised data from official statistics. Third chapter is focused on still actual topic of legal liability of the juvenile, especially on setting age limit of legal liability and intellectual and moral maturity and with this...
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The selected issues of juvenile criminal justice
Adam, Josef ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
IN ENGLISH The thesis deals with the selected issues of the juvenile criminal justice. The aim of the thesis is to analyze certain issues of the juvenile criminal law, especially the issue of their criminal liability, punishment for their illegal conducts with concentration on upbringing measures, further protection of juvenile privacy and introduction to restorative justice. The respective analyses were realized with respect to historical development of the legal regulation of juvenile justice in the Czech Republic, primarily in form of comparison with the regulation from 1931, which was an inspiration for the current legal act on juvenile justice. Within my thesis I emphasize on aspects of restorative justice and bigger share of upbringing measures.
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