National Repository of Grey Literature 2 records found  Search took 0.00 seconds. 
Seizure of property and seizure of part of the property in the current legislation
Blažek, Jiří ; Richter, Martin (advisor) ; Vokoun, Rudolf (referee)
Criminal Code Act No. 40/2009 Coll. distinguishes criminal sanctions into penalties and protective measures. This distinction is called dualism of criminal sanctions. Protective measures are broadly subdivided into protective measures restricting personal liberty and protective measures affecting property. These 'property protection measures' have long been represented by the protective measure of seizure of property under Section 101 of the Criminal Code, which was linked to similar protective measures in previous substantive criminal law. Amendment No. 55/2017 Coll. to the Criminal Procedure Code, in response to the so-called Confiscation Directive 2014/42/EU, introduced a new protective measure of seizure of part of the property pursuant to Section 102a of the Criminal Procedure Code. An alternative solution with significant doctrinal support was considered, including the creation of a special regulation for a more comprehensive solution to the confiscation issue and a more appropriate settlement with the principles contained in general criminal law. The seizure of property serves to seize an item through which there is a threat of committing or supporting criminal activity. The seizure of part of the property, similarly to the provisions of Section 101 of the Criminal Code, aims at the...
Administrative penalties for administrative delicts and protective treatment measures
Čvančara, Michal ; Prášková, Helena (advisor) ; Rajchl, Jiří (referee)
1 Abstract - Administrative penalties and protection measures Description of all administrative penalties and protection measures is the primary goal of this thesis. Due to wide extent of chosen subject, this work aims to individual categories of administrative penalties and protection measures, examines every single condition for its imposition a notices possible contradiction within legislation. The thesis does not include the criteria for imposing penalties, noticed set from section 37 till section 44 Contraventions Act which serve as instruments for determination and length of penalties. Concurrence of contraventions is also not included. In the opening chapter the definition and description of an administrative liability is described as well as basic issues of administrative penalization, considered to be a part of administrative authority's activity. The resemblance of principles of criminal and contravention law is described, that leads to using the same principles either in criminal and contravention law. There's explored what basic sources of administrative penalization are. Each of following chapters describes one of the penalties set in section 35 Contravention Act. Every chapter begins with general description of the penalty and then depicts its main purpose for which it is imposed. Then...

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