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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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Access to victims of crime in terms of the interested state institutions
Provazník, Jan ; Cejp, Martin (advisor) ; Háva, Petr (referee)
This diploma thesis deals with the policy for the access to the victims of crime. It focuses on activity of interested state institutions that cooperate with victims of crime. In today's approach victims of crime represent a group of people which is seen as people who need assistance. In Czech Republic this approach is reflected in adoption a law on crime victims that comes into force in 2013. Subject of modification of this law directed to defining rights of crime victim as a subject of special care provided by the state, modification of provision of financial support for victims of crimes provided by the state and assessment of legal basis for cooperation between state and organization that provides assistance to crime victims. Diploma thesis deals with reasons for this major legislative change in policy for the access to the victims of crime. It examines the law-making process and the adoption of the law and focuses on implementation of law through the authorities that is active in criminal proceedings and Probation and Mediation Service. It seeks to answer the question to what extent this measure fulfills the objectives. The contribution of diploma thesis is providing a comprehensive view of issue related to the access to the victims of crime as a subject of special care provided by the state....
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Competence and Organization of the Public Prosecutor's Office in Criminal Proceedings in the Czech Republic and the Federal Republic of Germany
Trojanová, Justina ; Pelc, Vladimír (advisor) ; Tejnská, Katarína (referee)
This diploma thesis deals with the topic of the competence and organization of the prosecutor's office in criminal proceedings, namely in the Czech Republic and in the Federal Republic of Germany. The institute of the Public Prosecutor's Office is a very important part of the functioning justice system, especially for the protection of justice and society from crime. The given topic can be perceived as very broad, and therefore this work is focused primarily on the comparison of the legislation in selected areas, where the differences that the legislation in question shows. In the legal systems of both states, it is possible to find a number of differences, but also similarities. The thesis is divided into seven logically arranged parts, each of which deals with a specific area of the topic in both comparative states. The first part is devoted to historical development in both states. The second part deals with the current legal regulation of the public prosecutor's office in terms of constitutional and legal anchoring, which is very different in the states. This part also discusses the issue of the classification of the public prosecutor's office into the concept of separation of powers. The third part describes the organization, where the emphasis is mainly on the system of prosecutor's offices,...
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The competence of public prosecutors' offices in the non-criminal area
Nechvátalová, Helena ; Frintová, Dita (advisor) ; Sedláček, Miroslav (referee)
This rigorous thesis deals with the competence of the public prosecutor's office in the non- criminal area. The primary aim of this work is to comprehensively cover the above-mentioned legal issues, which, although it has numerous specifics, are often neglected and delayed in connection with the criminal jurisdiction of prosecutors' offices. Attention is paid both to the position of prosecutors in individual civil proceedings and related procedural authorizations, as well as to their supervision over places where personal freedom is restricted, when these two legal areas constitute the non-criminal powers of prosecutors' offices. The thesis is divided into nine chapters except the introduction and conclusion. The individual chapters logically follow each other, when the first chapter offers a historical insight into the development of public prosecutors 'offices as such together with an emphasis on the development of civilian powers of public prosecutors' offices. The historical regulation is followed by the current regulation, which is paid attention in the second chapter, which offers an overview of the various legal regulations relating to the non-criminal jurisdiction of public prosecutor's offices. The next chapter, ie the third chapter, then outlines the specifics of the non- criminal scope,...
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Public prosecutor's office in civil proceeding
Pavlásková, Zdeňka ; Macková, Alena (advisor) ; Elischer, David (referee) ; Winterová, Alena (referee)
This dissertation is divided into a general part (chapters 1 through 6) and a specific part (chapter 7). The general part contains chapters devoted to the historical development of public prosecution and the office of the public prosecutor with an emphasis on developments in civil proceedings, primarily after 1989. Further attention is dedicated to a current expert discussion of the constitutional position of the office of the public prosecutor within the system of state power. Explanations are also given for the independence and impartiality of the office of the public prosecutor in a qualitative comparison with the independence and impartiality of the courts. The following part of the dissertation focuses on a description of the framework of the office of the public prosecutor, including the new institution of the Institute of the European Public Prosecutor. The subsequent chapter is concerned with the organisation and staffing of the non-criminal division of the public prosecutor's office on all levels. This is followed by a chapter devoted to the legal sources amending and relating to the non-criminal activity of the office of the public prosecutor. A substantial part of the general part of this dissertation consists of a description of the role of the office of the public prosecutor in civil...
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Constitutional framework and position of the Public Prosecutor's Office as institution representing public prosecution
Habily, Yannick ; Hřebejk, Jiří (advisor) ; Mlsna, Petr (referee)
The goal of this thesis is to provide comprehensive analysis of constitutional framework and position of the Public prosecution. By term constitutional framework of the Public prosecution. I understand its definition and subsumption under the Constitution of the Czech Republic. By position of the Public prosecution I understand its degree of autonomy and its position within the system of public administration bodies including its relations with them. In relation to the goal of this thesis I also deal with the historical development of public prosecution and consideration over the possible amendments of its framework. The public prosecution service is a system of state offices which represent the state in protecting public interest. The constitution entrusts the Public prosecution office with the task of representing public prosecution in penal proceedings. And that is what makes the Public Prosecution office unique and irreplaceable institution, which together with the courts takes part in the exercise of penal justice and shall be therefore considered as necessary institution for the state governed by the rule of law. The thesis is divided into six main chapters except for its introduction and final part. The first chapter provides the overview of historical development of public prosecution with...
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The developement of the body of public prosecution between 1848-1952
Polívková, Michaela ; Adamová, Karolina (advisor) ; Soukup, Ladislav (referee)
The history of the body of public prosecution on the Czech territory has its roots in the late middle age. First prosecutor was named by the king Zikmund in 1437 and his main task was to help the king to regain the property he had lost during the religious wars. As the time was passing by, the king's prosecutor's agenda was slowly expanding. Soon he became authorized to pursue the perpetrators who committed crimes such as manslaughter, murder, heresy, offence of the king or counterfeiting. However with the succession of Habsburg dynasty his role has weakened since the crime proceeding got back to the principle of inquisitorial process which accumulates the role of judge, advocate and prosecutor in one person. In the revolution year of 1848 the Habsburg monarchy was forced to reorganize the justice system due to massive political protests. At the very same year the first public prosecution offices were founded in order to pursue crimes committed in relation with press. In 1850 the competence of state prosecutor expanded - from now on he was authorized by the law to prosecute all crimes that were to be tried in front of the court of justice and to represent the indictment in front of it. The strict hierarchy was given and it copied the judicial system. The exception was at the district courts - there...
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Access to victims of crime in terms of the interested state institutions
Provazník, Jan ; Cejp, Martin (advisor) ; Háva, Petr (referee)
This diploma thesis deals with the policy for the access to the victims of crime. It focuses on activity of interested state institutions that cooperate with victims of crime. In today's approach victims of crime represent a group of people which is seen as people who need assistance. In Czech Republic this approach is reflected in adoption a law on crime victims that comes into force in 2013. Subject of modification of this law directed to defining rights of crime victim as a subject of special care provided by the state, modification of provision of financial support for victims of crimes provided by the state and assessment of legal basis for cooperation between state and organization that provides assistance to crime victims. Diploma thesis deals with reasons for this major legislative change in policy for the access to the victims of crime. It examines the law-making process and the adoption of the law and focuses on implementation of law through the authorities that is active in criminal proceedings and Probation and Mediation Service. It seeks to answer the question to what extent this measure fulfills the objectives. The contribution of diploma thesis is providing a comprehensive view of issue related to the access to the victims of crime as a subject of special care provided by the state....
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Supervisory and controlling activities of the public prosecutor against a background of the historical developments since 1948 up to the present day
Rokoská, Ilona ; Kuba, Jaroslav (advisor) ; Bradáčová, Lenka (referee)
The thesis deals with the supervisory and controlling activities of the public prosecutor against a background of the historical developments since 1948 up to the present day in Czechoslovakia and its successor states. It focuses on the key changes that have taken place within the public prosecution institutions and depicts the specific forms these bodies have taken along the years. Subsequently it points out the most recent forms of the public prosecution authorities performing in the Czech and Slovak republics and compares them. The thesis marginally looks at the discussions accompanying the adoption of a new public prosecution law and it maps their course so far. While compiling the thesis, analytical, historical and comparative methods were being used, with the thesis relying prevailingly on books, legal regulations and technical papers as sources of information. Having processed all the background materials and having carried out a subsequent comparison within the framework of the historical developments since 1948 along with a comparison of the Czech and Slovak republics, I have eventually arrived at a conclusion that the notions of supervising and controlling are not interchangeable and that the goal of the thesis, which consisted in their delimitation and mutual differentiation in the first place, has been reached.
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Legal regulation of state prosecution in selected countries: Study 5.331
Babka, Tomáš ; Dupláková, Daniela ; Kavěna, Martin ; Mylková, Petra ; Pohl, Michal ; Tetourová, Eva
Studie poskytuje podrobný přehled právní úpravy státního zastupitelství ve vybraných evropských zemích (Estonsko, Finsko, Francie, Německo, Polsko, Rakousko, Slovensko a Velká Británie). Vnitrostátní právní úprava uvedených států je podrobně popsána z hlediska právního zakotvení státního zastupitelství, struktury státního zastupitelství, způsobu jmenování a odvolávání funkcionářů, vztahu státního zastupitelství k ostatním relevantním orgánům, systému řízení jednotlivých úrovní státního zastupitelství a popisu pravomocí státního zastupitelství. Informační podklad dále poskytuje přehled dostupných zdrojů pro další případné rešerše, a to nejen primárních zdrojů (vnitrostátní zákony), ale též dostupných překladů zákonů, odborných publikací i srovnávacích materiálů a publikací Evropské unie na téma právní úpravy státního zastupitelství v členských státech EU.
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