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Punishing administrative transgressions and the system of penalty points under the Highway Traffic Act
Ferancová, Zuzana ; Vopálka, Vladimír (advisor) ; Prášková, Helena (referee)
Punishing of administrative transgressions and the system of penalty points under the Highway Traffic Act Abstract The content of the diploma thesis focuses on matter of the system of penalty points and selected issues regarding punishing of administrative transgressions. The paper is composed of five parts. Chapter One introduces Czechoslovak historical predecessors of the system of penalty points and examines the development of its current legal regulation in the Highway Traffic Act. The second part deals with fundamental principles of the system of penalty points and particularly assesses the function of prevention principle. The following chapter analyzes the actual legal regulation of the system of penalty points. The author warns against relating insufficiencies and recommends the appropriate solution. The goal of the Chapter Four is based on survey of the fact, whether the system of penalty points represents the sanction by its nature. The author critically researches the proportionality of the system of penalty points and its accordance with the Czech constitutional order. This chapter also concerns with judicial decisions of Czech courts and the European Court of Human Rights referring to the character of the system of penalty points. The last chapter evaluates the proportionality and compliance...
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Concurrent infractions and their sentencing
Piskačová, Kateřina ; Kopecký, Martin (advisor) ; Balounová, Jana (referee)
Concurrent infractions and their sentencing Abstract As the title of the thesis suggests, this work is concerned with the concurrence of administrative infractions and how it is penalized. This work aims to be a complex introduction into these issues and an analysis of all related aspects, in terms of both substantive and procedural law. A critical review of current legislation is also part of the analysis and the insufficiencies in the current system are identified. The thesis can be divided into two main sections: the first section is concerned with an analysis of concurrence itself while the second section analyses the penalization of such concurrences, concretely it explores the specifics of imposing penalties and of the infraction proceedings themselves. The first part of the thesis is concerned with the relationship of the administrative infractions law and the criminal law, and it explains why the judicial conclusions of the criminal law and its associated literature are often applicable to administrative infraction cases as well. In the second part, a discussion of the concurrence itself is presented together with a definition of act, which is a crucial definition for proper discussion of concurrence. The third part then describes the grouping of concurrences into single-act and multiple-act...
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Punishing administrative transgressions and the system of penalty points under the Highway Traffic Act
Ferancová, Zuzana ; Vopálka, Vladimír (advisor) ; Prášková, Helena (referee)
Punishing of administrative transgressions and the system of penalty points under the Highway Traffic Act Abstract The content of the diploma thesis focuses on matter of the system of penalty points and selected issues regarding punishing of administrative transgressions. The paper is composed of five parts. Chapter One introduces Czechoslovak historical predecessors of the system of penalty points and examines the development of its current legal regulation in the Highway Traffic Act. The second part deals with fundamental principles of the system of penalty points and particularly assesses the function of prevention principle. The following chapter analyzes the actual legal regulation of the system of penalty points. The author warns against relating insufficiencies and recommends the appropriate solution. The goal of the Chapter Four is based on survey of the fact, whether the system of penalty points represents the sanction by its nature. The author critically researches the proportionality of the system of penalty points and its accordance with the Czech constitutional order. This chapter also concerns with judicial decisions of Czech courts and the European Court of Human Rights referring to the character of the system of penalty points. The last chapter evaluates the proportionality and compliance...
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