|
|
Assistance to victims of crime
Mutinová, Radka ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
The topic of my thesis is Assistance to victims of crime. I have chosen this topic for its importance in our era full of violence and crime. It is an issue interesting not only for lawyers but for many other different professions and public in general. My goal was to lay out as much information as possible and talk about some problematic spots regarding the rights of victims and their position not only in the criminal procedure. The first part of my thesis is focused on brief explanation of the history and development of the relatively young science - victimology and basic terms used in victimology. Significant part of the first chapter covers analysis of one simple word "victim". The following part of this paper tries to examine individual elements of the complex assistance provided to crime victims. The third chapter discusses possibilities of financial support to the victims from the government when it is impossible to obtain reparation from the offender. Many countries, including the Czech Republic, have enacted appropriate laws and have also become signatories of the European Convention on the Compensation of Victims of Violent Crimes. The following chapter is concerned with the role of nongovernmental organizations (NGOs) in the field of crime victim assistance and their cooperation with the...
|
|
|
The protection victim of crime
Tkáčová, Natália ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
English Abstract I chose the topic of my thesis, "Protection of victims of crime", because this issue is very topical in recent years, not only in terms of legislation, it is also an important topic that affects society. Unfortunately, crime is an integral part of society, and any one of us can become a victim of crime. Only when a person is affected by crime does he realize how important the protection of victims is. The Czech Republic is a country that does not forget to address this issue, and it comprehensively amended the rights of victims with Act no. 45/2013 Coll., On the Protection of Victims of Crime. Legislation on the protection of victims of crime is relatively new, and like many regulations that have no equivalent in the legal system, this law will also be subject to change and improvement over time. Although the victims' Act undoubtedly strengthened victims' rights and moved them to the next level, it has still been criticized for its considerable shortcomings. The prepared amendment to the Act on Victims of Crime, which incorporates the conformity of the given act with EU law and also seeks to incorporate knowledge in exercising victims' rights in practice, is trying to remove this problem at least in part. In my thesis, I focused primarily on the protection of victims' rights, which are...
|
|
|
Compensation for non-material damage in the event of injury and death in collateral proceedings
Regnerová, Eva ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
Compensation for non-material damage in the event of health injury and death in adhesive proceedings Abstract The topic of this diploma thesis is compensation for non-material damage in event of health injury and death in adhesive proceedings. This is a complex topic in which the provisions and principles of criminal and civil law intertwine. Adhesive proceedings are an institute of criminal procedural law that allows the injured party to recover damages, non-material damage and unjust enrichment during criminal proceedings without having to proceed in civil proceedings. Non-material damage is an institute of private law; when deciding on the amount of non-pecuniary damage, the court decides on the basis of private substantive legal provisions. The first part of the theis is focused on the position of the injured party in criminal proceedings. The thesis first defines the position of the injured party, his rights, the possibilities of his representation. The main emphasis is placed on the conditions for claiming the injured party's claim, so that for procedural reasons the injured party is not referred to civil proceedings. In the second part of the work, non-material damage is dealt with, first in case of personal injury, in the next part in case of death. In both of these separate chapters, the current...
|
|
|
An injured party and a victim of crime
Kadeřávková, Martina ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
An injured party and a victim of crime Abstract This master's thesis deals with the legal status of the injured party and the victim of a crime. The aim of this master's thesis is to describe the legal regulation of the victim and injured party in the Czech Republic, to draw attention to its shortcomings and to present proposals de lege ferenda. The author uses a descriptive method and critical analysis. The first and seventh chapters also contain a comparison with foreign legislation. The master's thesis is composed of the introduction, eight chapters and the end. The first half of this master's thesis deals with crime victims. The first chapter deals with the general definition of the victim of crime. It also mentions the importance of the victim to criminal law. The next chapter is focused on victimology and its elemental terms. The third chapter includes legal regulation in the Czech Republic. The author deals with situation before the Act 45/2013 Coll., the Victims of Crime Bill, its executive legal regulations and Act 59/2017 Coll. The fourth chapter discusses in detail the rights of victims: the right to professional assistance, the right to information, the right to protection from imminent danger, the right to privacy, the right to protection from secondary harm and the right to financial...
|
|
|
Collateral proceedings
Vincík, David ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The presented thesis focuses on the topic of adhesive proceedings, ie on a specific part of criminal proceedings, in which the court decides on damages, non-material damage or the issuance of unjust enrichment. It is these negative consequences that may, and in many cases do, result from the commission of crime. This topic is therefore strongly related to the person of the injured party, as the injured party is entitled to damages, non-pecuniary damage and the issue of unjust enrichment, and it is the injured parties who assert these claims in the adhesive proceedings. Therefore, in its introductory part, the thesis deals with the injured party and their individual rights, especially the right of the injured party to claim damages in general. It further clarifies the difference between the injured party and the victim and also deals with the position of the injured party and the victim in international and European law. The next part of the thesis is completely focused on the issue of adhesive proceedings, notably on its importance and specifics, which clarifies some differences from the form of criminal proceedings, and also on subjects of adhesive proceedings, where it deals with both natural persons and legal entities. Furthermore, the thesis deals with particular substantive claims that can be...
|
|
|
Compensation for non-material damage in the event of injury and death in collateral proceedings
Dolejšová, Tereza ; Tejnská, Katarína (advisor) ; Mulák, Jiří (referee)
1 Abstract Compensation for non-pecuniary harm in the event of personal injury and death in collateral proceedings The topic of the diploma thesis is the issue of compensation for non-pecuniary harm in the event of personal injury and death in collateral proceedings. This issue is currently often debated due to, among other reasons, a change in the legal regulation of compensation for pecuniary and non-pecuniary harm effective from January 1, 2014. The specificity of this subject lies in the combination of two legal branches - criminal and civil law, as collateral proceedings are part of criminal proceedings and decide on claims which are of a civil nature. The thesis deals with the criminal law institutes of the injured party and the collateral proceedings themselves. An extensive space is then devoted to the private law regulation of compensation for non-pecuniary harm in the event of personal injury and death, especially in accordance with Sections 2958 and 2959 of the Civil Code with regard to legal practice and court decisions. The aim of this work is to describe and evaluate the legal regulation of compensation for non-pecuniary harm in the event of personal injury and death and the procedural possibilities of the injured party to attain this private law claim in criminal proceedings. With regard to...
|
|
|
Current issues of adhesive proceedings
Ceplová, Magdalena ; Pelc, Vladimír (advisor) ; Tejnská, Katarína (referee)
Current issues of adhesive proceedings This thesis deals with current issues of adhesive proceedings. The thesis is divided into four chapters. The first chapter introduces the basic concepts essential for the definition of adhesive proceedings and related terms. These are primarily the definition of entities and parties to criminal proceedings, including the introduction of the institutes of harm as an overarching term, which includes damage, non-material damages and unjust enrichment. The first chapter also introduces the institute of bodily harm. The second chapter is devoted to the injured party, including a list of procedural rights and obligations that the injured party confers the Criminal Procedure Code and the injured party recognizes the law on victims of crime, if the injured party is also a victim under this law. The following subchapters are divided according to the rights that belong to all the injured parties and the rights that belong to the injured party, who is at the same time subject to the adhesive procedure. In the case of the injured party, the institute of consent of the injured party to criminal prosecution and representation of the injured party is also mentioned. In this part of the thesis, the current problems concerning the remuneration of the injured party's...
|
|
|
Assistance provided to crime victims - comparison of national legislations in the Czech Republic and Finland
Tomsová, Karolína ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
The goal of this thesis is to provide a comprehensive comparison of national legislations governing assistance provided to crime victims in both the Czech Republic and Finland. Although emphasis has been placed on analysis of the respective legal regulations of both countries, it also places the issue into historical context while analyzing international requirements laid down by the Council of Europe, the European Union and the United Nations. At the end of the thesis, the level of victim protection in both countries is assessed and particular de lege ferenda proposals are submitted. The first chapter offers historical and international insight into the assistance of victims of crime and details how this field has evolved over the last hundred years. The second chapter describes the development of protective legislation in the Czech Republic and Finland. In chapter 3, the different types of assistance provided to victims in practice, regardless of the existence of relevant regulations, are analyzed. The fourth chapter explains the legal terms "victim" and "injured party", with a view toward their use in subsequent chapters of this thesis. Chapter 5 discusses the position of the injured party in criminal proceedings, including the feasibility of achieving their rightful claims while the sixth...
|
|
|
The protection victim of crime
Tkáčová, Natália ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
English Abstract I chose the topic of my thesis, "Protection of victims of crime", because this issue is very topical in recent years, not only in terms of legislation, it is also an important topic that affects society. Unfortunately, crime is an integral part of society, and any one of us can become a victim of crime. Only when a person is affected by crime does he realize how important the protection of victims is. The Czech Republic is a country that does not forget to address this issue, and it comprehensively amended the rights of victims with Act no. 45/2013 Coll., On the Protection of Victims of Crime. Legislation on the protection of victims of crime is relatively new, and like many regulations that have no equivalent in the legal system, this law will also be subject to change and improvement over time. Although the victims' Act undoubtedly strengthened victims' rights and moved them to the next level, it has still been criticized for its considerable shortcomings. The prepared amendment to the Act on Victims of Crime, which incorporates the conformity of the given act with EU law and also seeks to incorporate knowledge in exercising victims' rights in practice, is trying to remove this problem at least in part. In my thesis, I focused primarily on the protection of victims' rights, which are...
|
|
|
The injured party in criminal procedure and his/her protection
Kadlčíková, Eva ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The injured party in criminal procedure and his/her protection The purpose of my thesis is to analyse position of the injured party and his/her rights in Czech criminal procedure and to highlight changes which will be brought to rights of injured party by The Victim of Crime Act. This thesis is divided into five chapters. The first chapter briefly introduces the historical evolution of legal regulation of the injured party position in criminal procedure in the territory of the current Czech Republic. Next chapter is concerned with the term "injured party" in the current legal regulation. This part of thesis is especially focused on the need to differentiate between the terms "the injured party" and "victim of crime". The third chapter contains a crucial part of my thesis - it deals with the injured party position in criminal procedure and his/her rights. The chapter is composed of six subchapters. The first subchapter addresses the issue of general interpretation of procedural position of injured party in the Czech Criminal Procedure Code. Next subchapter shifts the focus to two categories of injured parties in criminal proceedings (the first category is the party of adhesion procedure with special rights, the other one is not). The third subchapter describes the procedural rights which are granted...
|
guest ::
