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Current issues of adhesive proceedings
Ceplová, Magdalena ; Pelc, Vladimír (advisor) ; Tejnská, Katarína (referee)
Current issues of adhesive proceedings This thesis deals with current issues of adhesive proceedings. The thesis is divided into four chapters. The first chapter introduces the basic concepts essential for the definition of adhesive proceedings and related terms. These are primarily the definition of entities and parties to criminal proceedings, including the introduction of the institutes of harm as an overarching term, which includes damage, non-material damages and unjust enrichment. The first chapter also introduces the institute of bodily harm. The second chapter is devoted to the injured party, including a list of procedural rights and obligations that the injured party confers the Criminal Procedure Code and the injured party recognizes the law on victims of crime, if the injured party is also a victim under this law. The following subchapters are divided according to the rights that belong to all the injured parties and the rights that belong to the injured party, who is at the same time subject to the adhesive procedure. In the case of the injured party, the institute of consent of the injured party to criminal prosecution and representation of the injured party is also mentioned. In this part of the thesis, the current problems concerning the remuneration of the injured party's...
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Collateral Proceedings
Beranová, Andrea ; Jelínek, Jiří (advisor) ; Záhora, Jozef (referee) ; Vanduchová, Marie (referee)
The doctoral thesis focuses on the part of criminal proceedings in which the court adjudicates the injured person's private claims which arose in connection with a criminal act (so-called collateral proceedings). The importance of collateral proceedings lies in the fact that by using it the injured party may avoid time-consuming, financially as well as procedurally demanding civil proceedings. However, the institute of collateral proceedings comprises a number of specific issues since a criminal court adjudicates the private claims of the injured party in compliance with substantive law rules being outside of the scope of criminal law (mainly civil law and labour law regulations) but, still, within the framework of criminal proceedings. The basic source of the submitted thesis is the Czech legal order. However, it is not the only one taken into consideration. The doctoral thesis also contains comparative analysis of legal regulation of collateral proceedings from the point of view of the German and Swiss legal orders. Following the analysis of collateral proceedings de lege lata, as well as the comparison with foreign models I am submitting proposals for the improvement of legislation that could be used in connection with the planned recodification of the Czech Criminal Procedure.
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Damages, compensation of other than proprietary loss and recovery of property obtained as a result of unjust enrichment in criminal proceedings
Beranová, Andrea ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The submitted rigorosum thesis contains an analysis of so-called collateral proceedings in accordance with the legal regulation in force as specified in Act No. 141/1961 Sb., Criminal Procedure Code. Collateral proceedings represent the part of criminal proceedings in which the court adjudicates the claims of an injured person concerning damages, compensation of other than proprietary loss and recovery of property obtained as a result of unjust enrichment that arose in connection with a criminal offence. The importance of collateral proceedings consists in the fact that by using it the injured person may avoid time-consuming, and financially as well as procedurally demanding civil proceedings. However, the institute of collateral proceedings comprises a number of specific issues since a criminal court adjudicates private claims of the injured party in compliance with the rules of substantive law other than criminal law (mainly civil law and labour law regulations) but, still, within the framework of criminal proceedings. The thesis consists of three parts. In the first part I describe the concept of the injured individual and I distinguish it from the term "the victim of a criminal offence" in accordance with Act No. 45/2013 Sb., on Victims of Crimes. The right of an injured person to assert...
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