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An injured party in criminal proceedings and his/her protection
Spitsyn, Oleksandr ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
An injured party in criminal proceedings and his/her protection The diploma thesis deals with the position of the injured party and his protection during the entire criminal proceedings and a description of the rights at his disposal in its individual phases. It draws information from legislation, literature, case law and electronic resources. The diploma thesis is divided into five chapters. The first includes the definition of the term injured party, both its positive and negative definitions. It also describes the differences between the terms 'injured party' and 'victim of a crime'. The second chapter focuses on the description of the rights that belong to all injured, as well as those that belong only to the injured, who have the status of a subject in adhesion proceedings under § 43, paragraph 3 of the Criminal Procedure Code. The most important of these rights are characterized in more detail. It is also describing the possibility of injured party to waiver his procedural rights and analyzing the problem of partial waiver. The last part of the chapter is devoted to minors as the injured parties and their special position in criminal proceedings. The third chapter describes in more detail the position of the injured party in the individual stages of criminal proceedings, from the preparatory...
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An injured person in a traffic accident and a criminal proceedings
Nedvídková, Jitka ; Vokoun, Rudolf (advisor) ; Galovcová, Ingrid (referee)
An injured party in a traffic accident and criminal proceedings Abstract This rigorosum thesis deals in general with the position of the injured party in the current criminal proceedings and its procedural rights, focusing on the victim of a traffic accident and traffic crime. The rigorosum thesis is divided into six chapters and the introduction and conclusion. The first chapter of the rigorosum thesis deals with the concept of injured party in general, not only in the current legislation, but also its historical development, especially in terms of amendments to the Criminal Procedure Code, which significantly affected the victim and his or her position in criminal proceedings. This chapter explains the concepts of bodily harm, material damage, non-material damage and unjust enrichment. Part of this chapter is also devoted to distinguishing the concept of "victim" from the concept of "injured party". The first chapter is systematically followed by the second chapter, which deals with the legal subjectivity of the injured party, its position in criminal proceedings and representation, especially as regards representation by a legal representative, guardian and agent. Attention is also paid to the problematics of a joint representative. The third chapter presents the individual procedural rights of the...
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Protections of the injured party in criminal proceedings
Stuchlík, Jakub ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The subject of this diploma thesis is the protection of an injured party in criminal proceedings. Throughout the thesis author analyzes the relevant laws, specialized legal literature and case laws. When there is a debate amongst the professional public, author summarizes the key arguments and provides his own perspective. The paper provides a general definition of the term injured party, which includes a positive and negative definition and distinction between the terms injured party and a victim. The author more closely examines when the injured party is not allowed to exercise his rights. There are also described, from the view of current legislation and also de lege ferenda, the circumstances under which a person is not allowed to join the criminal proceeding as an injured party. Furthermore the author breaks down the rights of an injured party with the emphasis being put on the right of the injured party to consent to prosecution and the right to demand for his/her claims to be satisfied in accordance with the 59/2017 Sb., on the use of funds acquired from property penal sanctions imposed in criminal proceedings, which has been in effect for over a year now in March 2019. The paper also examines collateral proceeding, especially the conditions under which the injured party can assert his claim...
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