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The issues of juvenile criminal justice
Jedlička, Martin ; Hořák, Jaromír (advisor) ; Beranová, Andrea (referee)
The submitted thesis deals with problems of juvenile justice. The emphasis is put on the Czech legislation, represented primarily by the special Act No. 218/2003 Coll., on the liability of youth and juvenile justice and on the amendment of some laws (Act on Juvenile Justice), which contains a substantive law part and a procedural law part. I chose this division for the thesis as well. The aim of the thesis is to identify, to review and to carry out an analysis of the Czech legislation and to point out its contention parts. The thesis is divided into three parts. The first part deals mainly with the historical development of juvenile justice in our territory in the last 100 years and general aspects of the Act on Juvenile Justice. A separate chapter of the first part is about the concept of restorative justice, its use in the Czech legislation, but also in documents, directives and resolutions at the European level and United Nation level. The second part is focused on selected aspects of substantive law regulation, such as minimum age of criminal responsibility, mental and moral maturity, moral development of children, measures imposed on youth and relationships between these measures. In the last part I deal with selected aspects of procedural law, including the role of the Probation and Mediation...
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Diversions in criminal proceedings
Daňková, Jana ; Tlapák Navrátilová, Jana (advisor) ; Mulák, Jiří (referee)
Diversions in criminal proceedings Abstract The topic of the thesis is diversions in criminal proceedings which have been firmly rooted in the Czech legal system for many years but there is still space for their development as the amendment to the Criminal Procedure Code from 2020 has shown. The thesis is devoted to diversions in criminal proceedings in their broader concept, which includes conditional discontinuance of criminal prosecution, settlement, criminal order, conditional postponement of filing a motion for punishment, postponement of the case with simultaneous approval of settlement, agreement on guilt and punishment and finally withdrawal from criminal prosecution in the case of juvenile offenders. The first and the second part of the thesis is rather theoretical and focuses on the explanation of the very concept of diversions in criminal proceedings, their purpose for criminal proceedings and their significance for the Czech legal system as well as on the systematics of diversions in criminal proceedings for better orientation and explanation for other parts of the thesis. The third part is then devoted to the history of diversions in criminal proceedings, in particular, it explains by what law and for what purpose the given diversion was included in the Czech legal system and how diversions in...
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Conditional discontinuance of criminal prosecution and settlement in prosecutorial practice - comparison
Blažková, Kristýna ; Šámal, Pavel (advisor) ; Bohuslav, Lukáš (referee)
Conditional discontinuance of criminal prosecution and settlement in prosecutorial practice - comparison At the outset, the first chapter outlines the possible alternatives in criminal proceedings and describes the principles of restorative justice. Following this, the thesis also elaborates on alternative sentences and alternatives to punishment, focusing on diversions. This thesis deals mainly with two diversions in criminal proceedings, which are conditional discontinuance of prosecution and settlement. These diversions are defined and compared using the method of literature search. The second chapter is devoted in detail to the legal conditions for the application of the CDCP. In particular, it discusses in more detail the concept of the offence, the circumstances of the accused's confession and his consent to the application of the CDCP. This chapter also discusses the obligation of the accused to compensate for the damage and to hand over the unjust enrichment and, last but not least, a part is also devoted to the specification of when the application of the CDCP can be considered a sufficient solution. Subsequently, the third chapter is again theoretical and describes the settlement in more detail. It first compares which conditions are the same for a CDCP and a settlement and then discusses...
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Manifestations of Restorative Justice in Czech Criminal Law
Kusáková, Nikol ; Tejnská, Katarína (advisor) ; Hořák, Jaromír (referee)
This diploma thesis focuses on the concept of restorative justice within the framework of Czech criminal law. It initially centres on the concept of restorative justice itself and subsequently explores its manifestations within both substantive and procedural Czech criminal law. This diploma thesis aims to provide a comprehensive overview of the state of restorative justice within Czech criminal law and offer insights into potential future developments and improvements to the Czech criminal justice system to foster a more restorative approach to justice. The thesis analyses and evaluates Czech criminal law elements with restorative potential and examines how they adhere to restorative principles of restoration, voluntarism, participation, reconciliation and reintegration. The author draws mainly from legal regulations, commentaries, domestic and international scholarly literature, scientific studies, and statistical data. The thesis is structured into six chapters. The first chapter delves into the core concept of restorative justice, its fundamental values and principles, while also defining key terms such as punishment, the purpose of punishment, and retributive justice. The next chapter examines the manifestations of restorative justice in substantive criminal law, with a focus on alternative...
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Alternatives to unconditional sentence of imprisonment
Košárková, Barbora ; Šelleng, Dalibor (advisor) ; Hořák, Jaromír (referee)
Alternatives to unconditional sentence of imprisonment This thesis examines selected alternative punishments to imprisonment. In particular, it focuses on home arrest (including electronic monitoring), community service and fines, in the context of the Czech and Dutch legislation. The first chapter describes the concept and purpose of punishment, while the first subchapter introduces the different concepts of punishment and the second subchapter presents the different theories of punishment, the purpose of punishment and its use in the legal system of the Czech Republic. The next three chapters are devoted to restorative justice, probation and mediation and finally to the concept of alternative punishment in general. Chapter five focuses on the regulation of alternative sentencing in the Czech Republic. It is divided into six subchapters, where, after a general introduction and introduction of an important amendment to the Criminal Code. The following three subchapters cover the punishment of house arrest, community service and fine. These subchapters are then divided into the historical development of the punishment in question, its characteristics and definition, the imposition of the punishment in question and the imposition of adequate duties and restrictions, the conversion of the punishment...
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Diversions in criminal proceedings with special focus on agreement on guilt and punishment
Chudobová, Anna ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
133 Diversions in criminal proceedings with special focus on agreement on guilt and punishment Abstract The subject of the submitted rigorous thesis is diversions in criminal proceedings, with a special focus on the institution of the agreement on guilt and punishment. In general terms, it can be said that these procedural alternatives to the classical course of proceedings currently represent a very actual and dynamically developing issue, which, even though it often arouses controversy, is at the same time a means, through which the domestic criminal procedure is being modernised. Diversions do not only serve as a means of rationalisation of criminal proceedings, but also reflect the principles and ideas of restorative justice, which is increasingly mentioned as a direction in which the Czech criminal policy could develop in the future. The aim of the thesis is to provide a comprehensive view of these alternative ways of conducting criminal proceedings, with a detailed focus on the institution of the agreement on guilt and punishment, including a critical evaluation of it, a presentation of problematic aspects in theory and practice, and a proposal of possible changes de lege ferenda. The first part of the thesis focuses on the introduction of the concept of restorative justice, i.e. its development,...
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Settlement in criminal proceedings
Diviš, Marek ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
This diploma thesis focuses on the institute of settlement in Czech criminal proceedings. This type of diversion, which was introduced into Czech law in 1995 as only the second alternative method of settling a case, reflects to the highest extent the elements of restorative justice. Not only does it place the greatest emphasis on the position of the damaged party throughout the proceedings compared to other diversions, where, for example, his consent to the settlement procedure or consent to the resulting form of the settlement is required, but at the same time it allows for an attempt to reconcile the relationships disturbed by the commission of the crime to the full extent, mainly thanks to the personal (and often moderated) negotiations that take place between the accused and the damaged party. It also presents a number of advantages for the defendant over other diversions or standard proceedings. It allows him to avoid a court pronouncement of punishment and guilt, and at the same time, in the event of a favorable settlement decision, to have the prosecution for his offence immediately discontinued. The main part of my diploma thesis first discusses the various conditions that must be met in order to benefit from a settlement, including a critical look at them. Although it might seem that,...
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Alternatives to unconditional sentence of imprisonment
Lukáš, Marek ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
The subject of this master's thesis is a description of the current legislation and application practice of selected punishments that represent the main alternatives to the imposition of unconditional prison sentences. These punishments are house arrest, community service, financial penalty, suspended sentence of imprisonment and suspended sentence of imprisonment with supervision. Since each of the abovementioned punishments could be the subject of a separate master thesis, this thesis does not aim to describe the subject matter in detail, but rather to present the individual institutes in their mutual context, to compare their characteristic features, purpose, conditions, specifics of their execution, as well as their use in judicial practice. The thesis consists of eight chapters, three of which are of a general nature, four deal with individual penalties and the last one is devoted to de lege ferenda proposals. The first chapter defines the very concept of criminal punishment and its purpose. A substantial part of the chapter is devoted to the historical development of penology theories regarding the purpose of the criminal punishment, with special focus on the transition from a retributive and punitive view of punishment to the concept of restorative justice. The second chapter focuses on the...
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