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Constitutional limits of criminal proceedings
Kořínek, Štěpán ; Mulák, Jiří (advisor) ; Richter, Martin (referee)
1 Abstract This diploma thesis is focused on "Constitutional limits of criminal proceedings" as the essential cornerstones of criminal process. The main point of this topic is the right to a fair trial. The institutional guarantee of its preservation and enforcement is held by the European Court of Human Rights and its jurisprudence. The thesis is devided into three main chapters, which contains more subvisions. The first part is dedicated to the basic characteristics of constitutional limits of criminal proceedings, especially from the point of view their sources and institutional background. The second section deals with the partial aspects of the right to a fair trial. This section is the most comprehensive because of subsumption of the particular components falling under the concept of a fair trial. The third chapter concerns the perspectives of constitutional limits of criminal proceedings in particular from the perspective of criminal procedural law recodification in the Czech Republic. In accordance to an eventual form of the new Criminal Procedure Act. The primary aim of this thesis is consisting in submission and exploration of detailed schema of the right to a fair trial with regard to the mutual coherences between its individual elements. There is also a reflection of selected peculiarities and...
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Participants in administrative proceeding and their legal status
Kadeřávková, Martina ; Staša, Josef (referee)
Participants in administrative proceeding and their legal status Abstract This rigorous thesis deals with the participants in administrative proceedings and their legal status. The aim of the thesis is to describe the legal regulation of the participants in administrative proceedings and their selected procedural rights in the Czech Republic, to point out the deficits of the legal regulation and to present proposals de lege ferenda. The author used descriptive method and critical analysis in writing. The thesis also contains a comparison with foreign legislation. The author draws on Czech and foreign sources. The thesis contains the author's observations on the subject. The rigorous thesis is composed of the introduction, eight chapters and the end. In the introduction, the author states the aim of his thesis, methodology, sources, structure of his thesis and the reasons that led to the writing of the rigorous thesis. The first chapter is focused on the administrative procedure, its characteristics, division, subject and basic principles of administrative authority operation. In the second chapter, the author defines the subjects of the administrative procedure. The third chapter contains the characteristics of the participants. The author defines the participants according to the Administrative Code. The...
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The injured party and his procedural rights in Czech criminal proceedings
Vaňková, Zuzana ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
The injured party and his procedural rights in Czech criminal proceedings Abstract: The subject of this paper is the injured party and his procedural rights in current Czech criminal proceedings. The aim of this paper is to depict the victims' position comprehensively, with an emphasis on their procedural rights in criminal proceedings. The systematics of the text is chosen in such a way, so that individual situations in which the concerned persons end up and their related rights follow as far as possible chronologically. The first chapter is concerned with defining the basic concepts and also with sources of the relevant legal regulation. Afterwards, the paper contains the description of the period from committing the crime to the criminal proceedings, mainly from the victims' point of view. Firstly, some statistic data is given to illustrate the likelihood of victimization in the Czech Republic, followed by an enumeration of lawful reaction to it. The list of places, where the victim can find help and support, is mentioned as well as the description of the possible entrances to the criminal proceedings. The following part deals with the way in which the injured party acts in the proceedings - his procedural subjectivity and potential representation, including the related costs. Then, a section concerned...
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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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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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The injured party and his procedural rights in Czech criminal proceedings
Vaňková, Zuzana ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
The injured party and his procedural rights in Czech criminal proceedings Abstract: The subject of this paper is the injured party and his procedural rights in current Czech criminal proceedings. The aim of this paper is to depict the victims' position comprehensively, with an emphasis on their procedural rights in criminal proceedings. The systematics of the text is chosen in such a way, so that individual situations in which the concerned persons end up and their related rights follow as far as possible chronologically. The first chapter is concerned with defining the basic concepts and also with sources of the relevant legal regulation. Afterwards, the paper contains the description of the period from committing the crime to the criminal proceedings, mainly from the victims' point of view. Firstly, some statistic data is given to illustrate the likelihood of victimization in the Czech Republic, followed by an enumeration of lawful reaction to it. The list of places, where the victim can find help and support, is mentioned as well as the description of the possible entrances to the criminal proceedings. The following part deals with the way in which the injured party acts in the proceedings - his procedural subjectivity and potential representation, including the related costs. Then, a section concerned...
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The injured party in criminal procedure and his/her protection
Wipplerová, Tereza ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The injured party in criminal procedure and his/her protection The diploma thesis deals with the position of the injured party in criminal proceedings and protection of the injured. It is divided into six chapters, the first chapter introduces the topic and the last presents the conclusions. The thesis is based on legal regulations, professional literature, case law, as well as electronic sources. The second chapter focuses on defining the concept of the injured party. It also addresses the difference between the injured party and the victim of a crime. The third chapter of the diploma thesis describes the aspects that may be used to classify the rights of the injured party. In this part of the diploma thesis, besides the first subchapter focused on the issue of classification of rights, there are four other subchapters. The first one is concerned with the rights of the injured party not entitled to monetary compensation, other than proprietary loss or surrender of unjust enrichment; the other deals with the rights of the injured party entitled to such claims. These chapters provide examples of such rights and deal with certain claims. These claims are described in more detail and deficiencies of the legislation are mentioned. The fourth subchapter focuses on the rights of the injured party stated...
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Protection of Rights in Public Administration
Plisková, Hana ; Sládeček, Vladimír (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
1 Abstract The public administration itself is bound by applicable legal provisions. Therefore, in case of breach of individual rights stemming from the legal system of the Czech Republic, every person is guaranteed a strict legal procedure with corresponding legal mechanisms, which aim to remedy the status caused by unlawful action or inaction of the public administration. The object of this dissertation focuses, in particular, on analysis of individual means of protection of rights in public administration (i.e. the issue of the protection of public subjective rights) and their mutual relationships between them at level of legal regulation de lege lata. However, certain space had to be dedicated also to the procedures of public administration in matters related to private subjective rights as even the public administration decides on certain matters of private law. As regards the protection of private rights by public administration I mentioned the dualism of the review of decisions of public bodies and certain examples of public administration deciding on matters of private subjective rights. Further I stressed the issue of civil liability related to the conduct of public administration, i.e. liability for damages caused by unlawful decision and unlawful procedure. Pursuant to the act on liability for...
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A Company as the injured party in criminal procedure
Kučera, Milan ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
There are two main thesis to the work "A Company as the injured party in criminal procedure": (i) civil law recodification, in the context of company actions or actions made on behalf of a company, represents a positive change for the injured party when submitting a proposition for the court to impose a duty to compensate the damage in its sentencing judgment and as well determinates a limitation period, (ii) the process of assigning or withdrawing a status of the injured party is not described accordingly in the contemporary procedure act, especially regarding the exact form needed for this decision. These issues are closely tied to the types of damage applicable in a criminal procedure, injured party categories and to the details of submitting the compensation duty motion. A comparison of different company actions before and after recodification implies that there is a possibility of approbating the juridicial act of legal proceedings of a company that are invalid due to the company's procedure errors. Determining a limitation period by the day of the original motion stays unimpaired. Repeating the legal procedure and putting the limitation period to the day after its valid execution was necessary with the latest legal version. The second thesis was verified as well by exploiting contemporary...
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