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Juvenile criminal proceedings
Sakařová, Michaela ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
This thesis deals with juvenile justice and focuses mainly on procedural issues of punishment of juvenile criminality, which considerably differs from punishment of adult offenders. The need for specific treatment of youth comes from experience with mental development of adolescents which is not fully finished at their age, and that is why we need to approach them carefully as they need greater care and protection. A number of international documents also call for a more prudent approach to juvenile offenders. Juvenile criminal law presents the sum of deviations from the general arrangement that can be used only in relation to juvenile delinquents and whose aim is to protect them against criminal future and guide them into finding suitable social position. Czech Republic regulates juvenile criminal liability, its sanctioning and procedures of solution to criminality by Juvenile Justice Act No. 218/2003 Coll. This Act divides the youth into not criminally liable children under the age of fifteen and criminally liable juveniles in the age between fifteen and eighteen. Criminal proceedings against juveniles and proceedings for unlawful action committed by children under the age of fifteen differ from each other, but also differ from criminal proceedings as covered by the Code of Criminal Procedure....
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Crimes of bodily injury according to § 145 and § 146 of the Criminal Code
Svobodová, Lenka ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
The following rigorous thesis closely and complexly deals with chosen deliberate crimes resulting in demage to health where these deliberate crimes make rather large group of lawless behaviour. The victims of this lawless behaviour are not only citizens of the Czech republic but recently there are also victim citizens from other countries who are currently present in the Czech Republic when the deliberate crime happens. Unfortunately these offences are quite commonly part of our life. The aim of the thesis is to give the reader general overview of the offence mentioned it theory but also in practise. In the introduction there is some information about the legislation of the facts of the chosen cases as well as the legal terms used in the Czech criminal code. In comparison, the author is mentioning the legislation of these offences in the Slovak Republic, while it is clear that there are no big differences in both penal codes. This is because of the fact that both the Slovak as well as the new Czech penal code are based on legislation used at the time when both the countries were part of one. There is also a short note about the legislation of deliberate offences resulting in demage to health in French criminal code for those who are interested. The following parts of this thesis focus on the...
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Domestic violence by the criminal law and by the criminological aspects
Kopalová, Tereza ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
The rigorous thesis summarizes "Domestic violence by the criminal law and by the criminological aspects". The phenomenon of domestic violence is a part of the society since the beginning of time. However, the wider approach has been registered a few decades ago due to the feminist's activism. The comprehension of domestic violence in society has changed and it is considered as a common problem that inquires a complex interdisciplinary cooperation, an intervention and state assistance. This rigorous thesis consists of six chapters. In the introduction (introductory chapter), there is a description of domestic violence - definition, indications and dynamics. This part explains the general theoretical information about domestic violence that is necessary for understanding the phenomenon, the history of domestic violence and pathway to the adoption of the law that would regulate this problem. Furthermore, I introduce different types of the domestic violence, comparison of domestic violence with so-called stalking. The criminological part focuses on a violent person and a victim with typology of perpetrator/offender and victim. I specify possible causes that might influence the origin of domestic violence. The aim of this chapter is to summarize basic character features of an offender, who might...
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Criminal aspects of domestic violence
Tykalová, Veronika ; Tejnská, Katarína (advisor) ; Jelínek, Jiří (referee)
Criminal aspects of domestic violence Abstract Domestic violence is a highly undesirable phenomenon that has been historically present in our society and, given the intimate sphere of life and the environment it affects, it needs to be treated with caution. The aim of this thesis, which is systematically divided into five chapters, is to provide the reader with a comprehensive overview of this dangerous and complex phenomenon with an emphasis on the existing legislation in the Czech Republic. The introductory chapter is devoted to the conceptual definition of domestic violence, the issue of necessity of a unitary definition of this socio-pathological phenomenon, this chapter further introduces the basic definition characteristics of domestic violence, its forms and types, particular phases within the cycle of domestic violence and theory of causes of domestic violence. The second chapter of this thesis deals with criminological and psychological issues respectively in relation to the perpetrator and the victim, introduces the typology of the perpetrators, defines their common characteristics, classify victims according to selected aspects, interprets key victimological terms and points out the serious consequences of repeated attacks. The following chapter presents an overview of the current Czech...
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Active repentance in criminal law
Kučerová, Karolína ; Jelínek, Jiří (advisor) ; Heranová, Simona (referee)
The thesis is focused on the issue of active repentance in criminal law. The aim of this thesis is to provide a comprehensive view of the institute of active repentance and its importance in the area of extinction of criminal liability, and to verify whether this underused institute in criminal law has its merits. In addition, the thesis tries to draw attention to some shortcomings and problems that this area of criminal law is facing, especially considering relevant court case law. The thesis is divided into four chapters. The first chapter deals with the extinction of criminal liability in general, focusing on all reasons causing the extinction of criminal liability of the offender. An essential part of the first chapter is also a brief historical excursion, which allows comparison with previously effective legislation. The second chapter covers active repentance itself and describes the conditions of application of active repentance not only in relation to adult offenders, but also in relation to juvenile offenders and legal entities, where the active repentance shows some differences. The third chapter contains special cases of active repentance contained in a special part of the Criminal Code. It deals with all five crimes that have their own special arrangements for active repentance. The...
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Criminal liability of legal entities
Filipovičová, Gabriela ; Jelínek, Jiří (advisor) ; Tejnská, Katarína (referee)
Criminal lability of legal entities Abstract The diploma thesis is focused on criminal lability of legal entities, which was incorporated into Czech law by Act No. 418/2011 Coll, on Criminal Liability of Legal Entities and Proceeding Againts Them (hereinafter "the Act"), which came into effect on 1 January 2012. The phenomenon of criminal liability of legal entities is a controversial topic, because it conflicts with many traditional principles of criminal law in the continental legal culture, which also includes the Czech Republic. Even after eight years since the introduction of criminal liability of legal entities into the Czech legal order, this topic is given constant attention in the field of doctrine and practice. The aim of the diploma thesis is to present a complex issue of the rise and expiry of criminal liability of legal entities in the Czech Republic and to evaluate the practical and theoretical problems that this law institute brings. The diploma thesis is divided into five chapters. The first chapter presents the reasons that led the legislature to introduce criminal liability of legal entities and presents also counter-arguments of opponents that the legislature had to deal with. The circumstances of the legislative process of the adoption of the Act and its subsequent amendments are also...
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Limits of Legal Obligation of Attorney's Confidentiality in Criminal Proceedings
Svoboda, Petr ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
1 Limits of Legal Obligation of Attorney`s Confidentiality in Criminal Proceedings Abstract The legal obligation of attorney's confidentiality imposed by the law is currently not only mentioned in professional discussions. However, the increased attention paid to this institute does not support it. There is a growing belief that it is being misused for the benefit of an attorney or for concealing criminal and other delict activity, resulting in increased pressure from the state to violate confidentiality obligations. This manifests itself in systematic or individual attempts to break it, or it leads to refusal of protection of the confidential relationship between an attorney and his client, which is a prerequisite for providing legal assistance. The thesis describes in detail the meaning and purpose of the institute of attorney's duty of confidentiality and its position in the legal order. Its attention is focused especially on the area of the criminal law in which it is most threatened and therefore the application and protection of this institute in criminal proceedings is analyzed in detail. In order that the meaning of the above-mentioned provisions of the Code of Criminal Procedure can be concisely clarified, this is done in the thesis primarily from the practical point of view. For this purpose, the...
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Current problems of criminal sanction of domestic violence
Králová, Lucie ; Heranová, Simona (advisor) ; Jelínek, Jiří (referee)
The thesis deals with domestic violence, the current national criminal legislation regarding it and its shortcomings. The first chapter deals with the phenomenon of domestic violence, mainly the definition of the term. Next it includes the characteristic signs of domestic violence, the forms in which it may present, causes of domestic violence and the myths about domestic violence present amongst general public. The second chapter focuses on the individual subjects, meaning the perpetrator and the victim. In the first part of the chapter, the perpetrator is described and the basic typologies are presented. The second part of the chapter first describes the "ideal victim" myth and then presents the individual characteristic victim groups - women, men, children, senior citizens and LGBT community. In the third chapter, the thesis deals with the current criminal legislation of the Czech Republic. The first subchapter deals with the substantive law and analyses five of the crimes that are often committed in situations of domestic violence, especially the crime of Maltreatment of a Person Living in Common Residence and the crime of Maltreatment of Entrusted Person. The second subchapter deals with the procedural law and describes the standing and role of the injured person and the victim, the Consent of...
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Criminal Liability of Legal Persons
Keltnerová, Lucie ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Criminal liability of legal entities In the presented thesis the author deals with the topic of criminal liability of legal entities. Considering the complexity and extensiveness of this topic this thesis is only focused on the substantive law regulating this area and so it does not deal with the criminal sanctioning of legal entities or the criminal proceedings against them. The author aims to explore the criminal liability of legal entities starting from the basic questions of possible ways to even sanction legal entities for unlawful conduct to the questions of the current law in force, its problems and the possible solutions of these problems. The first part of this thesis addresses the ways in which it is possible to sanction a legal entity for unlawful behaviour, it compares these ways and considers which of these ways is the most suitable for the situation in the Czech Republic. The second part of the thesis provides in its first chapter a closer look at the historical development of law regulating the criminal liability of legal entities in the Czech Republic starting from the year 2000 until today, or rather until 2016, when the Act No. 183/2016 coll. was passed. This act brought some significant changes to the law that was in force at that time. The second and third chapter of this part...
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Unconditional imprisonment
Šťastný, Michal ; Tejnská, Katarína (advisor) ; Jelínek, Jiří (referee)
This diploma thesis deals with the aspects of unconditional imprisonment. Unconditional imprisonment, as a term of criminal law, is the most severe punishment used in the Czech Republic, it is also a universal punishment that can be imposed for any crime. Imprisonment is executed in a prison with security, in a maximum-security prison, or in a special unit of remand prison. The rights and obligations of convicts are governed, in particular, by the Act on Imprisonment and Imprisonment Rules. Various educational programs and leisure activities, as well as the employment of the convicts, are carried out during the execution of the imprisonment. The institute of conditional release is an important instrument for the reduction of the prison population, yet it is underused. The prison problems are especially a high number of prisoners, overcrowded prisons, low financial literacy and high indebtedness of convicts, substance abuse problems, cumulative prison sentences and prisoners' pay-to-stay fees. The number of convicts per 100,000 citizens and recidivism rate are used to assess the effectiveness of unconditional imprisonment. The Czech Republic is one of the countries with a very high number of prisoners in Europe, as well as a high recidivism rate. Decreasing of these two factors can be achieved by...
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