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The diversion of criminal proceedings
Havelková, Tereza ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This paper deals with diversion in criminal procedure which is an alternative to criminal proceeding conducted in a classical way and which is an important part of modern criminal trial. The paper analyses single diversion groups and conditions for their use. Diversion has been outlined effective means for simplification of criminal procedure with a significant part of criminal cases. It has been pointed out that the most important effects of using diversion is unburdening of criminal justice, a not inconsiderable economisation of financial funds spent by the state on enforcement of criminal justice and with some kinds of diversion it is also the desirable strengthening of the position of the injured party in criminal procedure. The role of the Probation and Mediation Service of the Czech Republic, as an irreplaceable subject when dealing with criminal affairs by diversion, has been generally outlined. A simple excursion into the French legislation relating to diversions and the latest kind of diversion in the Czech Republic - agreement on guilt and punishment - has been described.
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The injured party in criminal procedure and his/her protection
Kadlčíková, Eva ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The injured party in criminal procedure and his/her protection The purpose of my thesis is to analyse position of the injured party and his/her rights in Czech criminal procedure and to highlight changes which will be brought to rights of injured party by The Victim of Crime Act. This thesis is divided into five chapters. The first chapter briefly introduces the historical evolution of legal regulation of the injured party position in criminal procedure in the territory of the current Czech Republic. Next chapter is concerned with the term "injured party" in the current legal regulation. This part of thesis is especially focused on the need to differentiate between the terms "the injured party" and "victim of crime". The third chapter contains a crucial part of my thesis - it deals with the injured party position in criminal procedure and his/her rights. The chapter is composed of six subchapters. The first subchapter addresses the issue of general interpretation of procedural position of injured party in the Czech Criminal Procedure Code. Next subchapter shifts the focus to two categories of injured parties in criminal proceedings (the first category is the party of adhesion procedure with special rights, the other one is not). The third subchapter describes the procedural rights which are granted...
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An agreement on guilt and punishment
Pospíšilová, Aneta ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
An agreement on guilt and punishment The presented thesis deals with the relatively new institute of the criminal procedure, namely the agreement on guilt and punishment (hereinafter also referred to as "agreement") that was implemented into Czech law by an amendment of the Code of Criminal Procedure, namely by the Act no. 193/2012 Sb., effective from 1 September 2012. The introductory chapter deals with a closer description of the agreement on guilt and punishment. The author presents first available definitions of the agreement and points up its questionable classification as one of the so called "deviations" from the regular criminal procedure. The thesis evaluates the harmonization of this institute with the basic principles of criminal procedure, the fulfilment of which is decisive for the typical character of the continental criminal procedure. In this chapter, the thesis also deals with the question whether the agreed sanction is capable of fulfilling the purpose of punishment as such. The second chapter of the thesis is focused on the prerequisites that are necessary for the prosecutor and the accused to be allowed to enter into the agreement on guilt and punishment. Further, the chapter elaborates on the negotiation process and legal requisites of the agreement. Last but not least, the...
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Criminal legislation of drug abuse
Tukinská, Markéta ; Jelínek, Jiří (advisor) ; Záhora, Jozef (referee) ; Herczeg, Jiří (referee)
Title: Criminal legislation of drug abuse Author: Mgr. Markéta Tukinská Supervisor: Prof. JUDr. Jiří Jelínek, CSc. Abstract: Drug abuse is a worldwide problem. The production and illegal trade of drugs is the domain of international organized crime. Illegal weapon trade and human trafficking often follow these activities. The drug abuse means serious threat for the society. It doesn't mean danger only for the drug addict, who is suffering from health problems, which are following the addiction, family and friends alienation, financial problems and losing its place in the society, drug addicts often need medical care, they commit crimes to earn money, because they are unable to do it legally, and they are often carrying and spreading lots of infectious diseases. It's not only the people living on the fringe of society who become drug users. Due to the very rapid lifestyle, consumerism, desire for experiences, which are more intense, even managers who want to be more efficient at their work or young people desiring the amusement are becoming drug users. We should not forget the most famous and abused drug - alcohol. The real danger of this drug is in the social tolerance of drinking alcohol and also its abuse, because not to drink is abnormal for our society. It is not so rare to see on the news that the...
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Issues of criminal liability of legal entities
Knytl, Jan ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
(Abstract in English) This thesis deals with certain question of criminal liability in the case of legal ethities, which presents a recent phenomenon in Czech legal setting. The most important reason for working on this subject was my interest in the area of criminal law. In this context, the new law on criminal liability of legal persons constituted an ideal subject for processing, which would allow me deeper acquaintance with the problems about this important topic. In the Chapter One the work describes genesis of a newly adopted law in Czech republic and in the next Chapter Two compares it with another bill, which was proposed and promptly rejecter by the Parliament in the first reading in 2004. It goes on to analyse the question of presidential veto and its consequences. The Chapter Three, about the main lines of argumentation is subdivided into two parts. Part One describes the main lines of argumentation used by proponents of this new law, including a range of examples from the area of environment protection. Part Two deals with the main lines of argumentation used by adversaries of this new law. The Chapter Four describes the importance of the selected institutes of the law on criminal liability of legal entities. The work's focal point lies in the analysis of key elements of Czech law in the...
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The principle of subsidiarity of criminal law
Vychyta, Jan ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The right of any person accused of a crime to be defended at a court by a professional defence counsel is a fundamental element of a democratic criminal proceeding. The aim of this diploma thesis is to analyse the position of the defendant as it is regulated particularly within the code of criminal procedure and the advocacy act, to gather and to summarize available information from various publications written by important Czech jurists and to add a brief introduction to the history of the position of defence counsels in the Czech legal system as well as some own minor remarks related to this topic. The thesis consists of 10 main chapters further divided into two levels of sub- chapters. After a brief introduction (chapter 1) follows the chapter related to a general concept of the defence right and relating issues such as the formal and material defence and the relevant sources of law. The third chapter contains short summary about the development of the counsel's position and the law regulating it throughout modern history from 19th century, up to this day. The following chapter which is the largest is called "Position of the defence counsel in the criminal proceedings". It contains a several sub-chapters dealing with various issues from general ideas of a role of the defence counsel to the...
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Domestic violence and its prevention
Krénová, Julie ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
ZÁVĚR Domácí násilí bylo po dlouhá staletí běžnou součást rodinného života. Muž, hlava rodiny, měl moc nad životem svých blízkých. Rozhodoval o sňatku dcery, vzdělání syna, trestu pro "neposlušnou" manželku. Rozdělení na mužské a ženské role bylo ve společnosti striktně dodržováno. Co se událo v rodině, to tam také zůstalo. Žádné domácí násilí oficiálně neexistovalo. Přístup státu a společnosti se postupem času změnil. Vývoj směřoval od ignorování problému, přes postih nejkřiklavějších incidentů až po snahu domácímu násilí předcházet. Dnes společnost fenomén domácího násilí nejen zná, ale také vnímá jeho závažnost a nutnost zásahu zvenku při jeho řešení. Zcitlivění veřejnosti, ať už laické či odborné, je klíčové. Jen nulová tolerance násilí uvnitř rodiny může vést k důslednému řešení problému. Na začátku 21. století téměř všichni obyvatelé České republiky vědí, co je domácí násilí.1 Nebyla to snadná cesta. Na jejím počátku bylo zavírání očí před problémem, případně nedostatečné a nesystematické postihování nejzávažnějších činů. První pozitivní změnu přineslo vložení samostatné skutkové podstaty § 215a do trestního zákona. Umožnilo trestat zlé zacházení pachatele s osobou, která s ním sdílí obydlí, bez ohledu na to, zda jednotlivý útok dosáhl intenzity trestného činu. Kriminalizace domácího násilí byla...
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Death penalty
Kotroušová, Lenka ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
The issue of the death penalty is not just a matter of legal and political, but mainly social, ethical and moral. As other questions like abortion, euthanasia and gay adoption of children, this issue forces us to make up our own opinion and take an attitude. In addition, capital punishment is not only historical relic, but there are still lot of states that retained it in their legal system and also a lot of states that can perform it today. And it is not just a totalitarian or authoritarian states, as it might seem, but also a modern democratic society such as Japan or the United States of America. In the second chapter of his work, I focus on issue what is punishment and what kind of punishment and purpose exists. In the third chapter I try to outline the history and present of the death penalty, in the fourth chapter on methods of its execution. In the fifth chapter I introduce arguments of supporters and opponents of the death penalty, in next chapter I focus on public opinion. In the seventh chapter I work with international documents that deal with the death penalty. In the eighth chapter, I try to look at the death penalty from the perspective of Christian faith. The ninth chapter focuses on alternatives to the death penalty and the tenth deals with several well-known cases which have occurred in our...
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Issues of criminal liability of legal entities
Krumlová, Monika ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Resumé Issues of Criminal Liability of Legal Entities This thesis deals with criminal liability of legal entities and with delictual liability of legal entities. Even though there is no Czech equivalent for the institution of criminal liability of legal entities, and consequently it cannot be part of Czech legal system, there have been many heated debates, conducted both by professionals, politicians and amateurs. Czech criminal law does not contain the term collective responsibility, as it is traditionally based on the individual criminal liability. It has adopted the principle societas delinquere non potest, and for this reason the introduction of criminal liability of legal entities would be perceived as massive change, change that could have profound impact on the Czech criminal law as such. The topic is controversial; it is manifested in the way the arguments pro and contra are submitted. The thesis consists of seven chapters. Basic definitions are followed by a short historical overview of delictual liability of legal entities in European continental law. Next chapter lists arguments pro and contra introduction of criminal liability of legal entities. Tendencies in international and in European continental law constitute one of the main arguments for introducing this institution into Czech legal...
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Concept of Crime in the New Criminal Code
Glatzová, Andrea ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The Criminal Act, No. 140/1961 Sb., was amended many times during its effectiveness. The amendments reacted mostly to the actual needs given by changes of crime development. During the 1990s it became obvious that these changes could not be sustainable for the future. Recodification of criminal law was prepared, and finally approved by the Parliament of the Czech Republic. The new Criminal Act came into force on 1st January 2010. The purpose of my thesis is to analyse the concept and classification of offences in the new Criminal Act. The thesis consists of eight chapters, each of them dealing with different aspects of the concept and classification of offences. Chapter One is an introduction briefly explaining the need for the new Criminal Act. The introduction also includes a short outline of the thesis. Chapter Two defines basic terminology used in the thesis (the definition of an offence, the concept of an offence and the classification of offences). Chapter Three examines the historical development of the concept of an offence and categories of offences. This chapter focuses on the Austrian Criminal Act 1787, the Austrian Criminal Act 1803, the Austrian Criminal Act 1852, draft bills of the Criminal Acts 1926 and 1937, the Criminal Act 1950 and the Criminal Act No.140/1961 Sb. Chapter Four...
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