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Punishment of disqualification and its control
Makovička, Jaroslav ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
Punishment of disqualification and its control Abstract The topic of this diploma thesis is the punishment of the disqualification and its control. The main goal of this work is to analyze the regulation of the disqualification of activity in the Czech legal system, to describe the control of its execution and especially the pitfalls associated with control and, last but not least, to propose changes in legislation. The text of the thesis is divided into nine chapters, some of which contain subchapters. In conclusion, I summarize and assess the results of the work set out in its introduction. The first chapter discusses the theoretical nature of punishment and its purpose in general and then specifically the punishment of disqualification itself. The second chapter traces the historical development of the punishment of disqualification. The third chapter is divided into three subchapters. The first of them represents the system of punishments in the Czech legal system, the other specifically focuses on alternative punishments and the last is focused only on the punishment of disqualification. The fourth chapter, divided into four subchapters, is devoted to the imposition of the punishment of disqualification and its imposition. This part of the work outlining the practice of the courts is based mainly on...
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Punishment of disqualification and its control
Raus, Pavel ; Šelleng, Dalibor (advisor) ; Pelc, Vladimír (referee)
Punishment of disqualification and its control Abstract The topic of this diploma thesis is the punishment of the disqualification and its control. The main goal is to describe and evaluate the legal regulation of this punishment in Czech criminal law and its application. This diploma thesis also proposes possibilities for improvements of the regulation in this field. In the first chapter the thesis deals with the place of the disqualification in the criminal law system, the purpose of this penalty and its possibilities as an alternative non-custodial measure. It also describes other legal institutions in different fields of law which also restrict freedom to perform some activities. The second chapter is focused on imposing the penalty of the disqualification. This chapter deals with the conditions under which this penalty may be imposed, its content and scope or its length. This part offers a view on application of this punishment via case law and Ministry of Justice statistics. The third chapter is focused on the specifics of the disqualification imposed on minors and on the differences of the punishment of the disqualification imposed on legal persons. The fourth chapter analyses the enforcement of judgments imposing punishment of disqualification. In this chapter, attention is paid to the period of...
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Punishment of disqualification and its control
Dudová, Michaela ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
The topic of the diploma thesis is the punishment of the disqualification and its control. The main goal is to analyze the legislation of the punishment in Czech criminal law and its difficulties, describe control of the execution of the punishment and suggest possibilities of improvement of the regulation in this field. The diploma thesis is composed of eleven chapters and firstly focuses on the issue of the punishment of the disqualification and its purpose in general. Third chapter deals with historical development of the punishment, subsequently its legislation in Czech criminal law, including the legislation of the conditions of imposition of the punishment, especially condition of the connection between the crime and banned activity, and the measurement of the punishment. The fifth chapter summarizes decision-making practice of the Czech court since the criminal code no. 40/2009 Sb. came into force, and it is explained especially through statistics. Particular attention is paid to the punishment of the disqualification which lies in the prohibition of driving of motor vehicles, and to the institutes similar to the punishment of the disqualification in Czech criminal law, especially focused on adequate restrictions and adequate obligations with an emphasis on adequate restriction prohibiting...
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