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Compensation for mental suffering of primary victims
Linhartová, Denisa ; Elischer, David (advisor) ; Lederer, Vít (referee)
Compensation for mental suffering of primary victims The basis of the thesis is the hypothesis that the current systems of compensation for bodily harm in civil and labor law do not allow for effective compensation for psychological injuries and mental disorders, since they do not devote even one, respectively just one item, of this type of harm in the hundreds of items of bodily harm. Therefore, the aim of the thesis is to analyze the current system of compensation for bodily harm from the perspective of mental disorders, to reveal its deficiencies and to present de lege ferenda proposals so that a comprehensive system is created that will allow the most effective compensation for all types of bodily harm. In order to verify the hypothesis, in Chapter 1 the thesis evaluates the historical development of the compensation for psychological injuries and the invalid legislation, the deficiencies of which are a valuable basis for the suggestion of truly effective de lege ferenda proposals. Chapter 2 analyses the compensation of each bodily harm claims (pain, impediment to a better future and other non-pecuniary harm) from the perspective of mental disorders under civil law and, with the help of examples from practice and extensive case law, reveals the limits and deficiencies of the Supreme Court...
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Crimes against health.
Býčková, Michaela ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The main goal of this diploma thesis was to summarize crimes against health in accordance to Chapter I Title II of the Criminal Code. Firstly I focused on history of the crimes against health. As these crimes were present during the whole human being, my goal was to describe the main historical milestones from the beggining of the Czech state until the publication of the present Criminal Code. In another chapter I described crimes against health from the criminological point of view. I defined individual types of offenders of these crimes, their motivation, causation why are they commiting crimes and last but not least the possible way how to prevent these crimes. Third chapter contains description of the main elements in crimes against health. There are four obligatory signs of every criminal offence. The object, the subjective point, the objective point and the perpetrator. Main part of this work is devoted to the analysis of the particular crimes according to Chapter I Title II of the Criminal Code. I devided this part systematicly into two chapters - intentional crimes and crimes caused by negligance. Chapter about the crimes caused by negligance describes more detailed crimes against health caused by road accidents, doctors and sportsman. There is an extensive practise of the courts in this...
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