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Secondary victims in Czech and English law
Vymětalová, Daniela ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Key words: secondary victim, personal misfortune, psychiatric injury The aim of the thesis is to analyse secondary victims in Czech and English law. In general, secondary victim is recognised as a person whose harm was caused by harm occurred to an immediate victim. However, Czech law does not provide a detailed framework as well as the interpretation of the law by judicial decisions and literature. Therefore, the purpose is to define secondary victims and scrutinize their legal rights. The thesis is divided into three parts. The first one focuses on Czech law. The purpose is to outline secondary victims in accordance with current legislation and court decisions. It presents a description of the former law serving as a useful tool for understanding the applicable law. The analysis of the section 2959 follows, constituting, in the case of death or severe injury, legal rights for persons with close ties to an immediate victim. The positive approach could be perceived as a response to a criticism towards the former legislation. The Civil Code removed fixed amounts of compensation and unified the process into a single section. Furthermore, an inability of secondary victims with close ties to receive compensation for their psychiatric injury is scrutinised. Multiple questions arise from the section 2971...
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Secondary victims in law: a comparative analysis
Džbánková, Kateřina ; Hendrychová, Michaela (referee)
Thesis title: Secondary victims in law: a comparative analysis This thesis deals with the secondary victims in the Czech and German law. The aim of the paper is to analyse mentioned issue of the secondary victims, to determine mutual similarities and differences in both jurisdictions and to suggest a possible inspiration from the German law in the future also. The thesis is divided into three parts. The first part focuses on the secondary victims in the Czech Republic. The paper defines the general concept of harm, the secondary victims and their particular groups. The thesis also describes the evolution of their position with the respect to the Czech case law. The main emphasis in this chapter is put on the individual claims of secondary victims, but the paper deals with the claims for non-pecuniary damages and its limits in detail. In this context, the thesis provides a detailed interpretation of § 2959, which grants a compensation to the close persons in case of death or serious bodily injury, and of problematic § 2971 Czech Civil Code, under which the another non-pecuniary damage can be replaced to the wide range of people. The second part deals with the secondary victims in Federal Republic of Germany. Its structure is similar to that in the first chapter. The paper analyses the secondary...
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Secondary victims in law: a comparative analysis
Džbánková, Kateřina ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Thesis title: Secondary victims in law: a comparative analysis This thesis deals with the secondary victims in the Czech and German law. The aim of the paper is to analyse mentioned issue of the secondary victims, to determine mutual similarities and differences in both jurisdictions and to suggest a possible inspiration from the German law in the future also. The thesis is divided into three parts. The first part focuses on the secondary victims in the Czech Republic. The paper defines the general concept of harm, the secondary victims and their particular groups. The thesis also describes the evolution of their position with the respect to the Czech case law. The main emphasis in this chapter is put on the individual claims of secondary victims, but the paper deals with the claims for non-pecuniary damages and its limits in detail. In this context, the thesis provides a detailed interpretation of § 2959, which grants a compensation to the close persons in case of death or serious bodily injury, and of problematic § 2971 Czech Civil Code, under which the another non-pecuniary damage can be replaced to the wide range of people. The second part deals with the secondary victims in Federal Republic of Germany. Its structure is similar to that in the first chapter. The paper analyses the secondary...
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Secondary victims in Czech and English law
Vymětalová, Daniela ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Key words: secondary victim, personal misfortune, psychiatric injury The aim of the thesis is to analyse secondary victims in Czech and English law. In general, secondary victim is recognised as a person whose harm was caused by harm occurred to an immediate victim. However, Czech law does not provide a detailed framework as well as the interpretation of the law by judicial decisions and literature. Therefore, the purpose is to define secondary victims and scrutinize their legal rights. The thesis is divided into three parts. The first one focuses on Czech law. The purpose is to outline secondary victims in accordance with current legislation and court decisions. It presents a description of the former law serving as a useful tool for understanding the applicable law. The analysis of the section 2959 follows, constituting, in the case of death or severe injury, legal rights for persons with close ties to an immediate victim. The positive approach could be perceived as a response to a criticism towards the former legislation. The Civil Code removed fixed amounts of compensation and unified the process into a single section. Furthermore, an inability of secondary victims with close ties to receive compensation for their psychiatric injury is scrutinised. Multiple questions arise from the section 2971...
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Assistance to victims of the crime of rape
DVOŘÁKOVÁ, Šárka
This bachelor thesis elaborates the problem of criminal offence of rape and its impact on its victim. It focuses especially on the victim as such and on the effects that the criminal offence has on the victim, like health problems in consequence of sexual violence, risk of secondary victimisation, impact of rape on victim´s family and closest surroundings. In this thesis I assessed what rape brings for the victim what the psyche concerns (meant beyond the paragraphs) and I proposed how to help the victim to cope with this traumatic experience
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