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The current questions of the juvenile justice system with a special focus on the educational measures
Pacvoňová, Renata ; Válková, Helena (advisor) ; Hulmáková, Jana (referee)
This thesis is aimed at the current issues of juvenile justice system, especially the educational measures. The center of attention is the youths responsibility for their illegal acts, alternative process and measures, which are set up against the delinquents. Statistics show how the criminality of young people appears at present and what sanctions are taken against them. The main focus is aimed at the educational measures, which are specific to the type of sanctions imposed on young delinquents. The practical part shows the description of sample cases, where educational measures were imposed on young people. In conclusion is a recommendation and some incentives how to improve the current situation in juvenile justice system.
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The minor in civil procedure
Sladká Hyklová, Jana ; Macková, Alena (advisor) ; Winterová, Alena (referee) ; Uhlíř, David (referee)
The Minor in the Civil Procedure JUDr. Jana Sladká Hyklová Abstract The thesis deals with the topic of the minor in civil procedure. This topic has not been yet properly compiled in Czech legal literature although the issues of participation of minors within civil proceedings are still actual and their importance is increasing. The basic legal source covering the chosen topic is Act No. 99/1963 Coll., Civil Procedure Code, which had to be amended more than 120 times. Procedural law in family law matters, which form substantial part of the content of this thesis topic, is firmly connected with substantive law. Substantive legislation is nowadays represented by Civil Code and Family Law, which are supposed to be replaced on 1 January 2014 with new code of civil law, Civil Code (Act No. 89/2012 Coll.). This is the reason why the thesis pays attention to the existing legislation as well as to novelties brought by the new code. Where needed, an analysis of new legislation in terms of proper procedural protection of the rights of minors is provided. New legislation of civil law brings the question of preparation of appropriate procedural code. On spring 2012 the draft of law of non contentious procedure which includes main principles and outline of this brand new procedural regulation was published. Where...
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Restorative juvenile justice in criminal law
Šmídová, Diana ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
Restorative Juvenile Justice This thesis is dealing with restorative juvenile justice. It aims to summarise and critically discuss this topic. It seeks to classify terms and theory used in order to help its readers with orientation throughout this issue as different terms and theories may often lead to unclarity and confusion. Subsequently it comes to a deeper analysis of selected parts. In particular, it examines international standards, describes thoughts of world-leading experts and eventually compares them and shows them on practical examples. Last but not least, it depicts selected theoretical foundations and draws connection between human life, inherent human nature, and use of restorative justice that is accepted as one of the main arguments for a higher effectivity in comparison to retributive justice. The thesis is divided into three parts. The first part deals with juvenile justice, children's rights and relevant international documents. The second part analyses restorative justice in general, compares different points of view and its types, and places it into a broader criminal justice framework. Furthermore, it looks at restorative justice from a more practical perspective by critically addressing the issue and providing practical examples. The third part focuses on the topic of this...
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The minor in civil procedure
Sladká Hyklová, Jana ; Macková, Alena (advisor) ; Winterová, Alena (referee) ; Uhlíř, David (referee)
The Minor in the Civil Procedure JUDr. Jana Sladká Hyklová Abstract The thesis deals with the topic of the minor in civil procedure. This topic has not been yet properly compiled in Czech legal literature although the issues of participation of minors within civil proceedings are still actual and their importance is increasing. The basic legal source covering the chosen topic is Act No. 99/1963 Coll., Civil Procedure Code, which had to be amended more than 120 times. Procedural law in family law matters, which form substantial part of the content of this thesis topic, is firmly connected with substantive law. Substantive legislation is nowadays represented by Civil Code and Family Law, which are supposed to be replaced on 1 January 2014 with new code of civil law, Civil Code (Act No. 89/2012 Coll.). This is the reason why the thesis pays attention to the existing legislation as well as to novelties brought by the new code. Where needed, an analysis of new legislation in terms of proper procedural protection of the rights of minors is provided. New legislation of civil law brings the question of preparation of appropriate procedural code. On spring 2012 the draft of law of non contentious procedure which includes main principles and outline of this brand new procedural regulation was published. Where...
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The current questions of the juvenile justice system with a special focus on the educational measures
Pacvoňová, Renata ; Válková, Helena (advisor) ; Hulmáková, Jana (referee)
This thesis is aimed at the current issues of juvenile justice system, especially the educational measures. The center of attention is the youths responsibility for their illegal acts, alternative process and measures, which are set up against the delinquents. Statistics show how the criminality of young people appears at present and what sanctions are taken against them. The main focus is aimed at the educational measures, which are specific to the type of sanctions imposed on young delinquents. The practical part shows the description of sample cases, where educational measures were imposed on young people. In conclusion is a recommendation and some incentives how to improve the current situation in juvenile justice system.
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Current issues of judicature in juvenile matters
BANIAROVÁ, Petra
This thesis addresses the issues of judicature in juvenile matters, focusing on the criminality of children below 15 years of age and the specifics of judicial proceedings in cases concerning an offence punishable differently. The theoretical part outlines development of judicature in juvenile matters in the Czech Republic and the relating laws, the specifics of judicature in cases involving children below 15 years of age, cooperation of organizations acting within the given issues, and the currently discussed topics, such as lowering of the criminal liability age, development of juvenile criminality in the Czech Republic and evaluation of the act regulating judicature in juvenile matters after the several-year operation in practice. Due to their age and psychical immaturity, work with children as offenders committing offences punishable differently requires specific procedures aimed at correction of the offender and prevention of occurrence of further problems. The objective is also a fast solution of the situation, the lowest possible traumatizing of the child and protection of his/her rights. A large number of institutions, such as bodies of social-legal protection of children, the police, juvenile courts and the Probation and Mediation Service, are involved in the process. The objectives of the thesis were ascertainment of opinions of juvenile guardians on the issues, in particular on the operation of the act in practice and on its benefits and contingent drawbacks. A further objective was development of suggestions for amendment of the valid legal regulation on the basis of the respondents{\crq} answers. In connection with the set objectives, the research was conducted in the form of a structured interview with open questions. The respondents were workers of departments of social-legal protection of children under municipal authorities, and juvenile guardians. The questions were focused on the operation of the act in practice from the view of guardians, on benefits and drawbacks of the act and on the opinions of the guardians on some specifics of judicial proceedings involving children below 15 years of age. After processing the data obtained in the interviews, several suggestions for amendments of the act regulating judicature in juvenile matters were developed to
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