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An injured person and a victim of crime
Schönová, Ivana ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The thesis concentrates on the position of aggrieved parties and crime victims. In relation to Act 45/2013 Coll., effective from 1 August 2013, On Victims of Crimes, their position has been regulated in a single comprehensive document. The Act substantially amended the Code of Criminal Procedure, modified the previous rights of the aggrieved parties and introduced into the Code a new institute of interlocutory injunctions. The paper analyzes the rights of the victims and aggrieved parties. Additionally, it endeavors to pinpoint the deficiencies in the current legislation. The first section analyzes the aggrieved parties as participants in criminal proceedings and their rights in different stages of the proceedings. This section then tries to map the options that the aggrieved parties have in choosing their attorneys, or a joint attorney, and when they can claim legal assistance free of charge or at a reduced cost. The section is focused on the process of court's decision making in the trial; on the aggrieved party's options of seeking relief through remedies; and on the special position of aggrieved parties as regards the diversion of criminal proceedings. The second section tries to define the victims of crimes, particularly vulnerable victims. The next chapter addresses the rights of crime...
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Home confinement
Sýkora, Josef ; Jelínek, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
195 Home confinement Abstract The inexorable rise of inmates, coupled with disappointingly high rate of reccurence of crime, has refocused attention on finding alternatives to imprisonment regarding criminal sanctions permitted by the new Penal Code of the Czech Republic which came into force on 1 January 2010. This thesis was aimed at dealing with a comprehensive analysis of home confinement. The application of legal doctrine is of fundamental relevance to house arrest related to de lege lata and de lege ferenda provisions. The concept of home confinement as an alternative to criminal incarceration to provide inmates the opportunity and privilege of living at home is associated with the principles of punishment and reducing overcrowding at the jail. This sanction, however, has not yet anchored in the context of penal sanctions. The main reason is the failure to optimally connect real legislation, application practice, the state's interest and a well- functioning infrastructure. The current de lege lata editing in the context of the application practice is considered to be in conformity with advanced foreign legal systems. Nevertheless, we must insist on the fact that currently our situation is far from reaching the desirable legislative stability related to house arrest, despite the current valid...
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Environment as a determinant of criminal behaviour
Barilik, Igor Nikolaj ; Jelínek, Jiří (advisor) ; Gřivna, Tomáš (referee) ; Holcr, Květoň (referee)
The dissertation discusses topics in environmental criminology, which is concerned with crime in relation to the environment where it occurs. The environmental approach is based upon a premise that occurrence of crime in space is neither random nor uniform. On the contrary, various types and forms of criminal activity tend to concentrate in certain places during certain times. Environmental characteristics play an important role in behaviour of individuals, hence it is possible to analyse them as one of the most important determinants of criminal behaviour. The aim of the thesis is to comprehensively introduce to the Czech and Slovak legal and criminological scholarship historical background, development and the main contemporary theoretical approaches in environmental criminology, as well as their implications and utilization in crime analysis and crime prevention. The theoretical part discusses in detail rational choice perspective, routine activity approach and crime pattern theory as an environmental meta-theory. The analytical part introduces the basics of the methods of crime mapping and geographical profiling. It also demonstrates how statistical and mapping techniques can be utilized in practice, using a set of police data concerning thefts from motor vehicles in Prague during the first...
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Domestic violence
Havlíčková, Zita ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The theme of the rigorous work is the domestic violence. The work is divided into three main parts - into a theoretical part, which deals with types of domestic violence, the characteristics of individual perpetrators and victims and with other theoretical questions connected with this topic. The second part briefly presents the administration law and civil law connected with this phenomenon. The most extensive part of the work is dedicated to the criminal legislation of this social problem. The text is completed with extensive practice of the court. Powered by TCPDF (www.tcpdf.org)
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The Means of Criminal Law Dealing With Organized Crime
Feigler, Michal ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
This thesis describes the criminal-law instruments of the fight against organized crime within the Czech Republic; it examines especially the standing and valid criminal statutes, particularly the Czech Criminal Code, and the Czech Code of Criminal Procedure, and applicable literature. The thesis does not aspire to cover all the aspects of every criminal-law institute which may be applied in the fight against organized crime, the author however confronts the statutes with the professional opinions of various experts, and tries to provide a complex picture of the material and procedural legal instruments, which help the crime investigation bodies the most important thing in the fight against the organized crime - a clear and well-crafted legal framework. Key words: Organized crime, cooperating witness, police agent
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Criminal-law protection of victim of domestic violence
Stupková, Lucie ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
- Criminal-law protection of victim of domestic violence The aim of the thesis is to summarize and evaluate the issue of legal protection of domestic violence victims in the Czech Republic, especially what concerns criminal law. In the first part of the thesis, the author deals with the definition of domestic violence and issues associated with it. Attention is paid to the features which must be present so that violent behaviour may be considered domestic violence. The work also mentions the types and causes of domestic violence, as well as myths that are rooted about it in society. In addition, this chapter also focuses on the characterization of the perpetrators and victims of domestic violence. The second chapter discusses the development of the society's attitude towards solutions of domestic violence. It focuses on the breaking point when society realized the need for changing its attitudes towards domestic violence. Particular parts of the chapter focus on the most important legislative milestones. At first, it discusses the introduction of the fact of crime of battering a person living in a shared house or flat into the Criminal Code. Further on, the legal regulation on protection from domestic violence is presented, and other legislative changes in this area are briefly mentioned. The theme...
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An agreement on guilt and punishment: comparison of Czech and Swiss legislation
Bicek, Rudolf ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Originally Anglo-Saxon criminal process concept in the form of plea bargaining also constituting the topic of this thesis has become a phenomena within a number of civil law countries in the last decades. This alternative way of solving criminal cases consists simply of the possibility for an agreement between the prosecutor and accused through plea bargaining if the accused, under certain conditions, admits committing the offense and agrees with the proposed punishment. When looking at foreign but also domestic legal literature we may, without any exaggeration, consider plea bargainig as a controversial institute. On one side are the proponents with their strongest argument being the acceleration and simplification of the criminal proceedings. However, on the other side, their opponents refer mainly to the flagrant inconsistency of this institute with the fundamental principles of continental criminal proceedings. In the first part this thesis the author examines the agreements in criminal proceedings in general, focusing on their origin, historical development and various basic forms in which the agreements in criminal proceedings are presented in the world. Special section is devoted to plea bargaining regulation in the Czech Republic where this institute was introduced by an Amendment to the...
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The issue of juvenile criminal justice
Kudrnová, Jana ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The issue of juvenile criminal justice 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 have decided to focus on this area as it of a great interest to me. My Master's degree thesis is devided into five chapters and further split into subsections. In my thesis I have analyzed possible issues of corrective measures and their effectiveness. The main focus of my thesis is juridical and minor part is also devoted to criminal aspects of youth deliquency. I have accompanied my thesis with appropriate jurisprudence and real life examples. In the introductory chapter I have provided basic facts of the youth criminal acts, focusing mainly in the criminal aspects of the characteristic conducts and behaviors. The following chapter is focused on the historic development of the criminal jurisdiction of the youth deliquency on the territory of the Czech republic with the applicable Law No. 218/2003 Coll. Furthermore, this chapter is providing additional details for issuance of the separate legal act on the youth deliquency and comparison of this act with simile legal acts in the other countries. The third chapter is deep diving into the area of the legal accountability of youth people....
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Participation in Criminal Law
Pelc, Vladimír ; Jelínek, Jiří (advisor) ; Říha, Jiří (referee)
1 Abstract The submitted rigorous thesis comprehensively deals with the institute of participation in the offense in Czech criminal law (hereinafter referred as "complicity"). The thesis particularly focuses on de lege lata interpretation of the complicity, i.e. on existing legislation, Act. No. 40/2009 Coll., Criminal Code. The text contains numerous proposals de lege ferenda, which results from the critical approach to current regulation of the complicity in Czech legal system. The participation is a traditional and complicated topic of the criminal law doctrine. The issue of criminal liability for participation in the offense is one of the most complicated issues of criminal law theory and practice. The complexity of problem stems primarily from the fact, that the institute of complicity prohibits a conduct, which is not ordinarily directly fulfilling the basic elements of the crime offense. Therefore it is necessary to derive the actions of an accomplice from the actions of an offender, who always (at least partially) fulfils those basic elements of the crime. We can also say that similarly, depending on the different systems of complicity, the criminal liability of accomplice is more or less based on the criminal liability of offender. The work is divided into seven chapters, which are further...
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Alternative punishments
Soukupová, Zlata ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The general aim of this work was to develop an analysis of current legislation Institutes of alternative sentences of imprisonment, to analyse their place in the Czech legal environment, to identify problems and to summarize the proposals de lege ferenda , which could be a compass or anticipated future solution of this problem . Unquestioned issues of criminal policy are a big increase in crime along with its new forms, overloading the courts, krescentní percentage of recidivist offenders. It should be stoic resist thinking; lax approach will be rewarded crisis imprisonment. Endless storage imprisonment as punishment universal and comfortable the whole situation is getting worse and dishonoring approach.
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