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Current issues of collateral proceedings This thesis deals with one of the current issues of the so-called collateral proceedings, namely the compensation for non-material damage in the case of bodily harm and compensation for non-material damage in the case of killing or particularly serious bodily harm in these proceedings. This issue is very topical mainly due to a fundamental change in the legal regulation of the compensation for non-material damage in question brought by the Civil Code in 2014. This topic is also very specific as criminal, civil and medical law intertwine in it. The thesis contains chapters occupying on criminal law institutes of the injured party and collateral proceedings, which are topics closely related to the focus of this work and their explanation should be included in the thesis for the purpose of understanding of the selected topic. However, main part of the work focuses on the private law regulation of the compensation for non- material damage in the case of bodily harm and compensation for non-material damage in the case of killing or particularly serious bodily harm according to sec. 2958 and sec. 2959 of the Civil Code. The thesis is divided into four parts. The first part deals with the injured party as it is the main subject of collateral proceedings. This part...

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 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...

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...

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...

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...

An injured party in a traffic accident and criminal proceedings Abstract This rigorosum thesis deals in general with the position of the injured party in the current criminal proceedings and its procedural rights, focusing on the victim of a traffic accident and traffic crime. The rigorosum thesis is divided into six chapters and the introduction and conclusion. The first chapter of the rigorosum thesis deals with the concept of injured party in general, not only in the current legislation, but also its historical development, especially in terms of amendments to the Criminal Procedure Code, which significantly affected the victim and his or her position in criminal proceedings. This chapter explains the concepts of bodily harm, material damage, non-material damage and unjust enrichment. Part of this chapter is also devoted to distinguishing the concept of "victim" from the concept of "injured party". The first chapter is systematically followed by the second chapter, which deals with the legal subjectivity of the injured party, its position in criminal proceedings and representation, especially as regards representation by a legal representative, guardian and agent. Attention is also paid to the problematics of a joint representative. The third chapter presents the individual procedural rights of the...

1- Compensation for non-material damage in collateral proceedings Abstract This thesis deals with compensation of non-material damage in the so called collateral proceedings. The aforementioned is part of criminal proceeding, but it is initiated only by a petition of the injured party under the Code of Criminal Procedure. In the collateral proceeding the court shall decide on the private claim of the injured party for compensation of non-material damage caused by the criminal offence. The indisputable advantages of asserting a claim in this proceeding is mostly its speed, cost effectiveness and less requirements for the injured party in terms of burden of proof. However number of specific questions arise with regard to the fact that the criminal court adjudicates the private claims under the substantive law rules of private law (most often civil and labour law), all in the context of criminal proceedings. This thesis aims to comprehensively address the issue of granting compensation of non-material damage in collateral proceedings and to evaluate the application of legal regulation from the perspective of the criminal court. The thesis is divided into four parts. The first part defines the term injured party as of the basic term of the legal regulation. The difference of the term 'injured party' from the...

Damages for personal injury in the Czech Republic and in a comparative perspective Abstract This thesis deals with the issue of compensation for personal injury in the Czech Republic and, from a comparative perspective, in German and Slovak legislation. Analyzing the corresponding clauses of the Civil Code and the Supreme Court Guidelines, attention is given to the scope of the breach of the victim's personal integrity and methods determining its monetary compensation. Further related questions are likewise examined. The thesis explains the approach of the Czech legislation towards the possibility of a transfer of entitlements to a third person, the conditions for the statute of limitations for damages for personal injury, and the relationship of monetary compensation and marital community property. Concerning the recodification of private law, which has also affected the regulation of damages for personal injury, the thesis also presents an overview of the particular substantial changes that were brought by the new Civil Code entering into force. The thesis further deals with compensation for personal injury within criminal proceedings. It analyses the relevant clauses of the Penal Code and brings a systematic overview of the so-called adhesion procedure, which deals with the victim's claims in the case a...

Compensation for non-material damage in the event of injury and death in collateral proceedings Abstract The thesis deals with a very current topic of compensation for non-material damage in the event of injury and death in collateral proceedings. The thesis also contains chapters, that focus on an injured person and collateral proceedings, which are concepts directly connected to the main topic of the thesis. The thesis contains the definition of an injured person, rights and obligations of the injured person in the criminal proceedings and also the definition of collateral proceedings and its process. In particular, the thesis focuses on the compensation of non-material damage in the event of injury and death according to § 2958 and 2959 of the Civil code. The thesis also describes the current judicial decisions of criminal courts in the area of compensation for non-material damage in the event of injury and death in collateral proceedings. The thesis is composed of four parts. The first part of the thesis deals with the injured person. It contains the concept of an injured person and its legal definition. The rights and obligations of the injured party in criminal proceedings are also briefly described in this part. The second part of the thesis focuses on collateral proceedings. This part contains the...

An injured party in criminal proceedings and his/her protection Abstract This Master's thesis is devoted to the analysis of the procedural rights and protection afforded to the injured party in criminal proceedings. This Master's thesis is divided into six chapters. The first chapter focuses on the analysis of the historical developments of the status of the injured party in criminal proceedings in the Czech law. The analysis commences with the Austro-Hungarian criminal procedural code no. 119/1873 Coll., the Czech Criminal code of 1950, its subsequent novelization in 1956 and the current Czech criminal code no. 141/1961 Coll., all the cited laws had a significant impact on the status of the injured party in criminal proceedings. The second chapter is dedicated to defining the term injured party, both via a negative and positive definition. Furthermore emphasis is placed on the distinction between the definition of the injured party from the perspective of Article 43 of the criminal procedural code, as such an injured party has the right to claim damages against the accused defendant and thus such an injured party might concurrently have the status of a subject in adhesion proceedings, and the injured party which does not have a right to claim damages. The third chapter is focused on defining the term...

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...

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...

Příspěvek se věnuje vybraným otázkám adhezního řízení. To představuje nedílnou součást trestního řízení a vlastně i trestního práva obecně. Jakkoliv primárním úkolem trestního řízení je rozhodování o vině a případně o trestu, otázky spojené s náhradou škody či újmy způsobené poškozenému není možné ponechat stranou. Zatímco v případě náhrady škody ještě nemívají soudy obtížnou úlohu, náhrada újmy nemajetkové bývá věcí obtížnou, a to jak z právního tak i z morálního hlediska. Ve svém příspěvku se proto zaměřuji právě na postup soudů při náhradě nemajetkové újmy poškozeným. Při ní se vychází zejména z netrestních předpisů, nepochybně se tedy jedná o projev interaktivity trestního práva. Konkrétně se ve svém příspěvku zabývám významem těchto netrestních předpisů (zejména občanského zákoníku) a způsobem, jakým soud v trestním řízení postupuje při stanovování a přiznávání náhrady nemajetkové újmy. Centrem pozornosti je vybraná judikatura zejména Nejvyššího soudu. Zároveň však také využívám ve svém příspěvku osobních zkušeností z působení při odvolacím senátu Krajského soudu v Brně, který se specializoval na trestné činy v dopravě. In my presentation I will be dealing with aspects of collateral proceedings. It represents an important part of a criminal proceedings and a criminal law in general. The main purpose of criminal proceedings is to decide about the guilt and the punishment, however questions about indemnity cannot be left behind. Concerning the question of compensation, courts do not have many problems with this matter. But the moral and legal problem arises with non-pecuniary damage. Therefore my presentation will mostly be about the process when courts deal with non-pecuniary compensation. The court is bound there by non-criminal legal regulations. This fact is a sign of interactivity of a criminal law. My presentation will be occupied with importance of these non-criminal legal regulations (mainly the Civil Code) and the way of setting the non-pecuniar damage. I will pay a special attention to a selected case law of a Supreme Court. On the other hand, I will also use my personal experience I gained as an asistant in Regional Court where I specialised on crimes in transportation.

This thesis is dealing with the criminal interrogation of injured person from criminal, criminalistic and criminological aspect and emphasizes the issue of secondary victimization. It contains an examination of the terms injured person, victim of crime and criminal interrogation, then is dealing with methods and tactics of questioning with specific issues involved in injured person's matter. The thesis describes changes in Czech system of law caused by the Statute of victims of crime. On particular cases based on author's research the thesis shows how can wrongly managed questiong leads to secondary victimization of victim, and offers solutions of particular problems involved in criminal interrogation of injured person.

The subject of this dissertation is the analysis of the position of an injured party and a victim in the Czech criminal legal environment. The aim of this thesis is also identification and practical analysis of particular procedural rights of injured parties and victims guaranteed to them by the Czech legislation. The dissertation has four main chapters. The first chapter is describing not only the general concept of an injured party but also particular claims that injured parties may exercises in the criminal proceedings. The second chapter contains not only description and analysis of adhesion proceedings, but also conditions under which claims of injured parties may be considered and decided by the Czech courts. The third chapter is devoted to the most problematic procedural rights of injured parties. The last chapter of this dissertation deals with the general concept of a victim and particular procedural rights of victims - mainly in the light of the "relatively young" law concerning victims of crimes.

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...

1 Abstract This thesis deals with the very current problem theme of the status of the injured party and a victim in criminal proceedings and compensation for damages, non-material damage and a release of an unjust enrichment in criminal proceedings. Work serves a legal definition of the injured party and a crime victim and deals with their status in criminal proceedings. As to the injured party, the thesis focuses on a definition and a position of the injured party as well as issues related to an adhesion proceedings in which the court decides about a claim of the injured party to damages, non-material damage and unjust enrichment. The focus of the issues relating to crime victims is their status and rights granted to them in the light of the recently adopted law amendment of victims of crime and international arrangements. The entire work arises all sorts of questions about the accuracy and effectiveness of the legislation which provides a reflection of the current state and at the same time proposals de lege ferenda. My thesis is systematically divided into four main parts. In the introductory part of this work is for a better orientation and understanding of the context described the historical evolution of the position of an injured party, by law of the injured party before 1950 to the time of the...

The doctoral thesis focuses on the part of criminal proceedings in which the court adjudicates the injured person's private claims which arose in connection with a criminal act (so-called collateral proceedings). The importance of collateral proceedings lies in the fact that by using it the injured party may avoid time-consuming, financially as well as procedurally demanding civil proceedings. However, the institute of collateral proceedings comprises a number of specific issues since a criminal court adjudicates the private claims of the injured party in compliance with substantive law rules being outside of the scope of criminal law (mainly civil law and labour law regulations) but, still, within the framework of criminal proceedings. The basic source of the submitted thesis is the Czech legal order. However, it is not the only one taken into consideration. The doctoral thesis also contains comparative analysis of legal regulation of collateral proceedings from the point of view of the German and Swiss legal orders. Following the analysis of collateral proceedings de lege lata, as well as the comparison with foreign models I am submitting proposals for the improvement of legislation that could be used in connection with the planned recodification of the Czech Criminal Procedure.

This thesis deals with the criminal aspects of the patient's status as an injured party in the provision of health care. Author especially characterizes the criminal relationships between patients and health care facilities, their contents and background. In the first part of the thesis the author provides a legal framework for the health law, especially in the area of national and international law. It deals with crucial laws directly governing the healthcare law, and laws that are related to health law and greatly affect it. In the field of international law, the author deals mainly with the European Convention on Human Rights and the Convention on Biomedicine. At the level of the national rights of the author touches the area of constitutional order, in particular the Charter of Fundamental Rights and Freedoms as well as the partition law, which describes the particular treatment of health law, criminal law and civil law. In the second part of the thesis the author first defines the basic concepts and fundamental institutes occurring in health care. Eventually, the author of the second part focuses on the actual relationship between the patient and the medical facility where the first for the understanding of the issues dealing with the historical evolution of this relationship and later...

Autorka se ve svém článku zaměřuje na praktické aspekty uplatnění a přiznání náhrady škody poškozeným v rámci adhezního řízení a následné vymáhání práv a nároků poškozeného (věřitele) vůči odsouzenému (dlužníkovi), který se nachází v úpadku. Problematiku popisuje na vzorovém případu insolvenčního řízení formou oddlužení a možnosti uplatnění nároku na náhradu škody v trestním řízení s ohledem na paralelně probíhající řízení insolvenční. The author in his contribution focused on practical aspects of the application and granting of compensations to victims under the control of adhesion and subsequent enforcement of rights and entitlements of injured party (the lender) against the convicted person (debtor), which is in bankruptcy. Explains it in a standard case of insolvency proceedings in the form of debt relief and the possibility of claiming damages in criminal proceedings with regard to parallel insolvency proceedings.

The theme of the thesis is the injured person and his/her procedural rights. The thesis defines the injured person, deals with his/her status in criminal proceedings and analyses his/her procedural rights. The injured person's rights are distinguished depending upon the injured person's claim against the accused person for compensation for damage caused by the criminal offense. The injured person often figures in the status of witness in criminal proceedings and he or she may also have the status of the victim pursuant the Victims of Crime Act. Therefore, the thesis focuses on the injured person's procedural rights with regard to this specific status. In the thesis there is also delineated the issue of adhesion procedure in which the court decides the injured person's claim against the accused person for compensation for damage, non-material harm or obligation to return unjust enrichment. The thesis concurrently compares the Czech legal regulation to the foreign ones - France and Germany. The thesis is divided into six chapters.

Thesis on Investigation of insurance claims and insurance fraud detection is focused on the study of the issues and work team members for investigation of insurance fraud. Analyzes happening insured event and highlights the motives of deception. The introduction is devoted to the history of the insurance industry and the first awareness of insurance fraud. Also familiar with the terminology and legislation in the field of insurance and materials for work worker claims handling and special teams for investigation of insurance fraud. I will focus on the work itself liquidation worker, and workers analytical, methodical and special teams for the detection and investigation of insurance fraud. The focus is primarily on the investigation and analysis happening incident. The work also pointing out how easy it is to be involved in insurance fraud, what was the motive, intent and rea-son for the creation of insurance fraud. A practical example is the introduction of a real case of insurance fraud and data collection for the possibility of ongoing investigations. At the conclusion of my thesis, on the basis of the evaluation men-tion practical recommendations for minimizing the possibility of committing in-surance fraud. I focus on preventing insurers and insurance intermediaries as well as possible measures to prevent committing insurance fraud, or subsequent early detection.

I chose Road traffic accidents and their victims as the theme of my bachelor's thesis. In the thesis I focus on issues related to road traffic crashes, and define the powers and obligations of police authorities investigating these accidents as well as their victims. I also suggest preventive measures aimed at reducing the number of road traffic accidents. On the basis of criminal records of the Police of the Czech Republic kept at the Road Traffic Inspectorate of the Territorial Department České Budějovice, the method of secondary and content analysis was used for the research. Data about offences committed during road traffic accidents were processed and injuries of the victims of these accidents were classified according to their fault. Selected were only persons who suffered injuries in road traffic accidents. The analysis revealed that in the examined group of 405 road traffic accidents investigated as a criminal offense, 265 persons regarded as victims out of 278 harmed persons received information concerning the legal matters. In case of victims killed in the accidents, close persons received instructions in all 17 cases. Only in one case, in 2013, the victim took advantage of the possibility that the records can be made accessible only to authorities involved in criminal proceedings and to the Probation and Mediation Service of the Czech Republic, so this particular file was kept separately. The executed analysis showed that victims exercise their rights. The analysis also partially refuted the assertion that the police officers inform and explain all available instructions properly. The thesis can be used to educate the public, as well as in the course of theoretical lessons. It can also be applied in practice as a methodological guideline.

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...

The submitted rigorosum thesis contains an analysis of so-called collateral proceedings in accordance with the legal regulation in force as specified in Act No. 141/1961 Sb., Criminal Procedure Code. Collateral proceedings represent the part of criminal proceedings in which the court adjudicates the claims of an injured person concerning damages, compensation of other than proprietary loss and recovery of property obtained as a result of unjust enrichment that arose in connection with a criminal offence. The importance of collateral proceedings consists in the fact that by using it the injured person may avoid time-consuming, and financially as well as procedurally demanding civil proceedings. However, the institute of collateral proceedings comprises a number of specific issues since a criminal court adjudicates private claims of the injured party in compliance with the rules of substantive law other than criminal law (mainly civil law and labour law regulations) but, still, within the framework of criminal proceedings. The thesis consists of three parts. In the first part I describe the concept of the injured individual and I distinguish it from the term "the victim of a criminal offence" in accordance with Act No. 45/2013 Sb., on Victims of Crimes. The right of an injured person to assert...

The bachelor thesis is about obligations arising from torts according to the contemporary legislation in the Civil Code. This thesis deals with tortious liability in civil law and the aim of the thesis is to analyse this legal institute. The bachelor thesis serves coherent summary of particular aspects of tortious liability. The thesis is divided into five chapters. The first chapter deals with general liability from the view of the theory of law, theoretical conception of liability in civil law and prevention of damage in civil law. The second chapter is dedicated to formation of duty to provide compensation for damage, especially to particular elements of tortious liability and then to defences. The third chapter is focused on general liability in tort, entities with duty to provide compensation for damage, manner and extent of compensation for harm to assets and non-pecuniary harm. The fourth chapter describes cases of special tortious liability. The fifth chapter is dedicated to compensation for harm to the natural rights of an individual, especially to compensation for bodily harm and death.

The thesis deals with indemnification of claims of injured persons resulting from the insurance of liability for injury caused by operation of a vehicle and especially with individual claims of injured persons resulting from the insurance of liability for injury caused by operation of a vehicle, where it endeavours to compare legal regulation effective until 31th December 2013 with the legal regulation effective as of 1st January 2014 and it highlight the most important impacts of the Act No. 89/2012 Coll., Civil Code, in the area of indemnification of claims of injured persons originating due to infliction of physical injury or death. It is a very current topic considering the number of traffic accidents and due to the fact, that this is an issue was affected by the re-codification of the civil law. The thesis is composed of five chapters. Chapter one discusses development of legal regulation of the insurance of liability for injury caused by operation of a vehicle in the territory of the Czech Republic. Chapter two defines the basic terms and legal institutes related to indemnification of claims of injured persons resulting from the insurance of liability for injury caused by operation of a vehicle, which are: operation, operator, insurer, the policy holder, insured and injured person, damage and...

In my rigorosum thesis, I dealt with basic questions of insurance liability for damage caused by vehicles. Individual chapters of my work conform to the basic framework of insurance liability for damage caused by vehicles. In the end, I commented the important breakthrough in that topic which is the effectiveness of the Civil Code on 1 January 2014 which will bring significant changes. In this context gets more space case law, documents and unconditional solutions of individuals steps or issues in the context of insurance of liability for damage caused by vehicles.

Bachelor thesis aims to define the concept of damage and the victim in criminal proceeding and determine the role of these entities using the enumeration and analysis of the various privileges granted to them by a guarantee of Criminal Procedure. This thesis focuses on the issues, which combines elements of both criminal procedural rights in the form of the above-mentioned subjects, as well as elements related to civil damages claimed victims adhesion proceedings, as there is already an integral part of the criminal proceedings. An integral part of the work is practical outcomes-interviews with experts in the field and side-dish interesting material documents the practice, which finds application among professionals and the general public.

The main aim of my thesis is to present an analysis of the effective legislation of the victim and the victim of the crime, its evaluation, finding weaknesses and outline plans de lege ferenda aspects. The doctoral thesis is divided into four compact sections. In the first section my focus is on the procedural status of the victims as parties to the criminal proceedings, next is presented the brief historical development of its rules, definitions and certain rights (the right to be informed, the right to protection and the right to be a party to criminal proceedings). The analysis of the procedural status is discussed in relation with the new legislation on crime victims. This amendment brought quite large changes of the Criminal Procedure Code as well. The focus here is also on the rights of the victims who are entitled to compensation. Then I comprehensively describe the possible ways how the victims of the criminal proceedings may claim the indemnity. In the last chapter of this section I did not forget to outline some of the shortcomings of the current legislation and some proposals of the de lege ferenda aspects. The second section of the thesis deals with the difference between the damaged party and the victim. It summarizes the most important milestones in the history of the legislation on...

The thesis concentrates on the position of aggrieved parties and crime victims. In relation to Act 45/2013 Coll., effective from 1 August 2013, On Victims of Crimes, their position has been regulated in a single comprehensive document. The Act substantially amended the Code of Criminal Procedure, modified the previous rights of the aggrieved parties and introduced into the Code a new institute of interlocutory injunctions. The paper analyzes the rights of the victims and aggrieved parties. Additionally, it endeavors to pinpoint the deficiencies in the current legislation. The first section analyzes the aggrieved parties as participants in criminal proceedings and their rights in different stages of the proceedings. This section then tries to map the options that the aggrieved parties have in choosing their attorneys, or a joint attorney, and when they can claim legal assistance free of charge or at a reduced cost. The section is focused on the process of court's decision making in the trial; on the aggrieved party's options of seeking relief through remedies; and on the special position of aggrieved parties as regards the diversion of criminal proceedings. The second section tries to define the victims of crimes, particularly vulnerable victims. The next chapter addresses the rights of crime...

The presented thesis addresses the issues of the position of an injured party and a victim in Czech criminal procedure, including procedural rights they are granted by the Czech Criminal Procedure Code and currently also by Act No. 45/2013 Sb., on Victims of Crime. The purpose of this work is to analyze in detail this legal regulation in force, including its impact on applicatory practice of the state authorities involved in criminal procedure with emphasis on its application within the state prosecution service. The aim of the thesis is to provide the detailed analysis of the regulation in force in relation to the injured party as well as a victim of crime, provide its critical evaluation, find its flaws and outline de lege ferenda suggestions. The work is concerned with two extensive thematic topics, i.e. the injured party and his/her procedural rights and then a victim of crime, to which the work structure of seven chapters corresponds. Each chapter deals with a different aspect of the injured party and victim participation in criminal procedure, the first chapter describing the development tendencies and changes the procedural regulation underwent in the past just in relation to the injured party. The second chapter focuses on the technical terms issues related to the legal definition of the...

The work deals the terms probation, mediation, probation officer and ethical conflict. The diploma is trying to describe the work the probation with clients of Probation and mediation service. What it task of the probation officers, what knowledge have to for performance ones profession. Distance describe, what kind of ethical conflicts he needs to solve while working with clients. I highlight the posibility of connection to the law number 257/2000 about probation and mediation service. This it in the theoretical part. In the practical part I descrie the ethical conflicts occur in the practice of the probation officers.

The injured party and his/her protection in criminal proceedings The presented thesis deals with the protection of an injured party in criminal proceedings as a whole, in particular with regard to his/her position as a party in the criminal proceedings, and to his/her procedural rights in accordance with the Rules of Criminal Procedure. The aim of this thesis is complex analysis of the position of an injured party in the Czech legal order with focus on differentiation of the concept an injured party (as the party of criminal process) and the concept a victim of an offence, as a person whose rights were violated in certain manner. The thesis is composed of five main chapters, each of them dealing with different aspect of the injured party involvement in criminal procedure. The first chapter contains thorough analysis of the concept an injured party, as is defined in the provision of Section 43 of the Rules of Criminal Procedure. At the same time, there is incorporated the analysis of limitation or exclusion of participation of an injured in criminal proceedings. Thereafter, the conclusion of this chapter is dedicated to the mentioned differentiation of the concepts an injured and a victim, in particular in the light of the new law on victims of crime. In the second chapter the author addresses...

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...

The topic of my thesis is Legal Status of a Victim of Domestic Violence. It is devoted to domestic violence as a contemporary phenomenon and to the legal status of its victim. The purpose of the thesis is to analyse relevant Czech legislation and compare it with the real needs of a victim of such treatment. It attempts to give to the reader a comprehensive overview of this topic and also to suggest some amends aiming at better protection of the victim of domestic violence. The thesis consists of five chapters each of them dealing with different aspects of domestic violence and position of its victim. Chapter one is called The concept of a domestic violence: explanation and is subdivided into five parts. The first part deals with the definition of the concept and its elements. Part two lists kinds and forms of violent conduct. The third part points out the psychological consequences the victims of domestic violence may suffer from, such as the so called battered woman syndrome. Part four suggests that not only women may be victims of domestic violence and deals with selected specific aspects of situations when men, children or elderly people become victims of domestic violence. The last part of the first chapter is about victimization. Chapter two deals with the means of protection of a victim of...

The aim of my Bachelor´s Degrese dissertation is to clarify the notion of the offended party in criminal proceedings, to summarise its process rights and to point out some facts related to int and to propose supplements or amendments to the legal regulativ in order to strengthen the offended party´s position. The introductory part of the work defines the term sof criminal proceedings, subjects, the parties in the proceedings and the offended party. The following section of the work deals with the offended party being represented by the solicitor and details the institute of joint solicitor. I devote a separate section to the victim of a crime act and his or her compensation as per the current legal regulation. The main part of the work deals with the offended party´s process rights in the criminal proceedings and divides them into rights pertaining to all offended parties and to the rights pertaining to those offended parties who are entitled to claim compensation for damage. I also focus on the institute of criminal prosecution with the offended party´s consent. The concluding section of the theoretical part deals with hne adhesion proceedings. The following part of the work presents my research whose purpose was to find whether the offended parties´ rights are sufficiently described in the legal order. I selected a qualitative research method, namely semi-structured interview. I asked selected experts six questions aubot the offended parties´process rights and thein application in practice. The conclusion of this part contains my proposals for modifications or amendments of certain process rights, which, as I believe, are missing in the current legal regulation. The work also features appendices: speciments of forms which bodls active in the criminal proceedings use in thein everyday practice.

THE PROTECTION OF THE INJURED PERSON AND THE VICTIM IN THE CRIMINAL PROCEEDINGS - ABSTRACT The content of this thesis is a definition of the term "injured person" in the sense of procedural party of the criminal proceedings and of the term "victim of the criminal act" in the sense of subject that is being defined by other legislation than by the Criminal Procedure Code. In the introductory chapter of this thesis the reader will be learnt the status of the injured person in the criminal proceedings (not only) in our country from the historical perspective. Thereafter he/she will be clarified the term "injured person" and simultaneously will be learnt a catalog of permissions the injured person is being granted by the Criminal Procedure Code. Separate chapter is devoted to the victim of the criminal act. In this chapter the reader will be learnt in particular international documents and regulations of the European Union which are being devoted to this term whereas a part of this chapter is also devoted to the existing legislation in the Czech Republic. In this thesis is also possible to learn, at least in general, legislation in neighboring countries. In conclusion the thesis is guided by considerations on possible future changes in legislation concerning the status of the injured person and the victim.

The presented Bachelor?s thesis pays particular attention to the victim of a crime and his/her status in the Czech Republic system of law. The thesis deals with approaches and attitudes of bodies responsible for penal proceedings and other subjects concerned. The thesis goes into details about the value of human life from the victim?s point of view, the assessment of a particular financial damage caused by the victim?s death or permanent health injury in confrontation with the value of human life as stipulated by law, the inner feelings of the victim of a crime (both from the point of view of the perception of the direct act of the crime and the post-traumatic state, as well as the possibility of becoming involved in an ordinary way of life), the changes in family relations resulting from the lingering consequences of the crime and the pathological changes in the victim?s psyche related to the change of his/her state of health. The thesis also contains a coherent view of the procedures of bodies responsible for penal proceedings starting from the primary notice of a commission of a crime up to the legal proceedings and a compensation of the damage caused by the perpetration of the crime.

The thesis compares automobile insurance system in the Czech Republic with that of the province of Alberta, Canada. Automobile insurance system represents the framework consisting of third party liability coverage and first party coverages regardless of how many policies in total it is required to arrange. The first part of the thesis introduces the readers into automobile insurance system in the Czech Republic, the second part deals with the system being in existence in Alberta, Canada. The primary conclusion coming out of the thesis is the definition and explanation of the distinctions between the two systems, the consideration of implementing some components of the Canadian system into the Czech system (and conversely) is discussed afterwards.

Position of Victims within the Judiciary System of the Czech Republic By Eva Kaplova My Diploma Thesis pursues position of victims within the judicial system of the Czech Republic; especially from the point of view of statutes which the victims may wish to rely upon when seeking legal assistance. In this work, I describe and distinguish understanding of two basic concepts; the concept of an "aggrieved party" (an injured party) and, the concept of a "victim". I also take into consideration the rights to compensation already vested in the current Czech jurisdiction. I review and assess the laws currently in force, especially from the point of view of adequate protection of a victim; as compared to final amendments to the Czech Body of Law, to be enacted by 2013. I bring up numerous issues concerning primary and secondary victimisation. Furthermore, I compare some problematic issues concerning the victim from an international perspective, especially then within several states of the European Union. Finally, my Thesis brings up several suggestions of improving as well as increasing the threshold of victims' protection within the framework of the Judiciary of the Czech Republic.

The victims of crime are helped in the Czech Republic not only by public authorities such as police, prosecutors or curts, but also by nonprofit organizations and clinics. They assist the victims not only to cope with the mental trauma but also to claim thein rights (for example the right to compensation). There are currently many such organizations offering psychological or legal adice in our country. Neither all victims not all potential victims from the public are Avare of these type sof assistance. Not everyone in the immediate vicinity of the victims konws, how to treat them, how to communicate with them or how to help them. People´s awareness of helping organizations is reported in the quantitative research carried out on potential victims, who are all of us.

This paper deals with the problems of aggrieved persons who have suffered property or health damage in relation with road accidents. The paper lists two options that an aggrieved participant of a road accident may use to require the compensation of incurred damage. The objective of the paper is to map and explain the issue of road accidents in view of legal, health and social aspects as seen by the aggrieved persons to be used for general educational purposes. The research utilizes the method of a secondary and content data analysis using criminal files of the Czech Police, the District Office in České Budějovice. The analysis processed individual injuries with the duration of treatment of the injured participants as compared to usual duration of treatment in light of forensic medicine. The data of individual aggrieved persons were processed and it was studied whether they joined criminal prosecution in order to require the compensation of incurred damage. The research analysis resulted in the finding that, out of a total number of 652 aggrieved persons under examination, 290 persons joined criminal prosecution and 362 persons did not. Another part of the research examining injured persons (256 aggrieved persons) showed that their actual duration of treatment matched the usual duration in seven cases only. Duration shorter than usual was found in 50 cases. Duration longer than usual was found in 199 cases. The results of this paper can be used as instruction to facilitate orientation in this issue for e.g. road accident participants or aggrieved persons of other criminal acts.