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Dohoda o vině a trestu / Agreement on guilt and punishmentŠaćirović, Adéla January 2016 (has links)
This master's thesis deals with the topic of agreement on guilt and punishment, which became a part of the legal system of the Czech Republic on 1 September 2012 - by effect of the eighty-third amendment to the Criminal Procedure Code, which was implemented by the Act no. 193/2012 Coll. The agreement on guilt and punishment is an alternative way of solving criminal cases. As is apparent from its title, it is the negotiation of an agreement between the prosecutor and the accused, or even injured person, whose objection is a solution to the question of guilt and punishment. A necessary prerequisite of its validity is subsequent approval of the negotiated agreement on guilt and punishment by the court. When designing a statutory regulation of a particular institute it is always necessary to pay attention to the advantages and disadvantages that will most likely accompany this institute. The positives must obviously outweigh the negatives and try to minimize them as much as possible. Simply stated, the institute must bring more good than harm. The main aim of my thesis is to introduce the comprehensive legislation of the agreement on guilt and punishment, to assess the positives and negatives accompanying the agreement on guilt and punishment, and to point out the specifics, imperfections and...
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Podmíněné zastavení trestního stíhání / Conditional discontinuance of criminal prosecutionNacházel, Vojtěch January 2016 (has links)
This diploma thesis focuses on issues connected with conditional discontinuation of criminal prosecution. This concept enables to temporarily suspend criminal prosecution with the provision that if the accused complies with certain set conditions during a certain probation period, the criminal prosecution will be discontinued with final effect. This paper chiefly aims to analyse in detail the conditions required by the Code of Criminal Procedure for the application of conditional discontinuation of criminal prosecution. The paper also presents a brief analysis of the conditions required for other diversions of criminal proceedings permitted under Czech laws. This diploma thesis consists of the introduction, five individual chapters, of which the third and fourth are further divided into subchapters, and the conclusion. The first chapter deals with the concept of restorative justice, which serves as the ideological basis for procedural diversions. An analysis of its individual values, principles and ideas is presented. The first chapter also includes an outline of the programmes under which restorative justice is being developed. The conclusion of this chapter contains the author's thoughts concerning the individual programmes and their implementation in the Czech legislation. The second chapter...
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Dohoda o vině a trestu: srovnání české a německé právní úpravy / Plea bargain: comparison of Czech and German regulationSakařová, Michaela January 2017 (has links)
This master's thesis deals with the institute of agreement process that originates in anglo-american plea bargain, which has been implemented in many criminal proceedings within the countries of continental Europe. Civil law based countries are using agreements in different forms during their criminal proceedings as an alternative to common trials. Its purpose is to make them faster and more simple. Every agreement is different from each other, but one common element is that accused person pleads guilty of crimes he/she is being prosecuted for and also that the authorities involved in given criminal proceeding are willing to make concession in punishment of the prosecuted. Even though this type of solution to overburdened authorities active in criminal proceedings seems to be quite positive, there are some critics that find this method in conflict with some basic principals of continental criminal proceeding. This thesis introduces the agreement process in general view, briefly examines its origins and focuses mainly on its legislation in the Czech Republic and Germany. Legislative force in the Czech Republic implemented the agreement on guilt and punishment into criminal proceedings by an amendment of Criminal Procedure Code No. 193/2012 Sb. as a completely new diversion, respectively as special...
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Podmíněné zastavení trestního stíhání / Conditional discontinuance of criminal prosecutionPlávková, Andrea January 2017 (has links)
Conditional discontinuance of criminal prosecution is an institute that was introduced into Czech criminal procedure law more than twenty years ago. Over the years, this alternative way of handling criminal cases has become the most commonly used (in the last four years, the second most commonly used) means of all alternative ways called diversions. This diversion is used by both prosecutors and courts in cases of less serious criminal offenses. The point of conditional discontinuance of criminal prosecution is the decision of the prosecutor or the court not to initiate criminal court proceedings or cease them under certain conditions, the most important of them being the offender reimbursing the injured party for the damages caused by the crime. The goal of the author of this thesis is to briefly write about the history of alternative ways of handling criminal cases and their introduction into Czech criminal law, then to move on to specifically discussing the institute of conditional discontinuance of criminal prosecution, the conditions that must be met for its use, the benefits it brings into Czech criminal law and criminal proceedings and to compare it with other types of diversions, as well as with the use of the same institute in Slovak criminal law under slightly different conditions. The...
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Podmíněné zastavení trestního stíhání / Conditional discontinuance of criminal prosecutionKozojed, Jakub January 2017 (has links)
The master thesis addresses the institute of the conditional discontinuance of criminal prosecution. Being one part of divergences, the core of the conditional discontinuance of criminal prosecution lays in temporally suspension of further criminal proceeding with a premise of its definitive suspension if the legal requirements are met. Except for the introductory part and the conclusion, the thesis is divided into three main chapters. The first chapter is devoted to the concept of restorative justice and deals also with a concept of divergences. In addition to the definition of the divergence the thesis addresses adequately particular types of divergences as they appear in Czech criminal proceedings. The core of the thesis shall be found in the chapter number two, which provides a closer look at the conditional discontinuance of criminal prosecution itself. Through all the paragraphs in this chapter the conditions of an application of the conditional suspension, the course of the probation period and particularities of this proceeding are being dealt with. Furthermore, the chapter includes also a summarization of an evolution of the law, as well as a brief study of a Slovak conception of conditional discontinuance of criminal prosecution. In the closing chapter several de lege ferenda thoughts are...
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The Patients' Perspective on Opioid Substitution Treatment : A study of desistance from illicit drug useNyström, Robert, Grut, Gustav January 2017 (has links)
Using thematic analysis, this qualitative study investigates desistance from illicit drug use from the perspective of patients within opioid substitution treatment (OST). Wikström's theoretical framework was used to explain this process. From semi-structured reflective interviews with 12 patients admitted to an OST clinic in Sundsvall, three main themes were identified as relevant to the research aim. These main themes were labelled as follows: Motives for desistance, Perspectives on OST and Recipe for successful desistance. The findings were similar to those of previous research. The participants expressed criticism on specific regulations within OST, but were positive to the treatment in general. They felt a lack of emotional support from OST, but still reported an improvement in mental well being. While varied views on diversion of OST medication were expressed, a majority believe dillicitly used opioids to originate from sources other than OST. In conclusion, the participants viewed OST as an essential method for desistance from illicit drug use. Having a sincere will to desist and perceiving the past illicit opioid use as problematic were also deemed necessary for the treatment to be successful. / <p>2017-06-01</p>
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Trade Effects of the East Enlargement in the CEECs / Vliv východního rozšíření EU na obchod vybraných nových členských států se třetími zeměmi (Trade Effects of the East Enlargement in the CEECs)Polášek, Petr January 2009 (has links)
The thesis analyses the effect of the Eastern enlargement on goods flows into four CEECs. In the beginning, the Eastern enlargement and numerous related economic effects are briefly characterised. After that it focuses on trade diversion and trade creation effects, starting with a concise discussion of the traditional customs union theory and followed by the explanation of the choice of the estimation method. A gravity model applied on a panel data set is then used to model the import flows into the EU15 and the Czech Republic, Hungary, Poland and Slovakia. The results showed that a careful choice of the model specification and estimating technique is needed and the model that controlled for four sources of unobserved heterogeneity (time, country pair, importer, and exporter specific characteristics) was chosen. Based on this model's results, we could expect a significant increase of imports from EFTA into these countries but aggregately we should not expect any trade diversion as no further redirecting of import flows from the rest of the world is predicted. Eventually, some of the real trade flow developments (territorial and commodity structures and revealed comparative advantages of selected regions) are described.
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Reservatório ileal continente : uma opção viável para ampliação vesical e derivação urináriaTavares, Patric Machado January 2018 (has links)
OBJETIVO: Apresentar os resultados da técnica de derivação urinária continente descrita por Macedo, em relação à continência, achados operatórios e complicações cirúrgicas. MÉTODOS: De janeiro de 2006 a novembro de 2016, 29 pacientes foram submetidos à técnica de Macedo. Dados demográficos, tempo de hospitalização, tempo cirúrgico, tempo de seguimento, taxa de continência, capacidade do reservatório e complicações pós-operatórias foram avaliados. RESULTADOS: Sessenta e nove por cento eram masculinos e a mediana de idade foi de 16,9 anos. A etiologia principal foi meningomielocele (69,1%). A média do tempo cirúrgico foi 4,2 h (DP 0,9 2,9-6,3). A mediana do tempo de internação foi 10 dias (IIQ: 11,3; 5-51). A média de seguimento foi 3,3 anos (DP 2,2 0,3 – 9,8). Procedimento no colo vesical foi realizado em 12 pacientes (41,3%). A taxa de continência do conduto cateterizável foi de 82,8%. A capacidade do reservatório aumentou de 134,4 para 364,4 ml (p <0.0001). A taxa de continência melhorou significativamente (20 vs. 74%, p <0.0001). Não houve mudança na taxa de filtração glomerular a longo prazo (143.1 vs. 147 ml/min, p = 0.45). Taxa de morbidade foi 58% (25 complicações em 17 pacientes), 72% ocorreram nos primeiros 60 dias e 60% foram classificadas Clavien-Dindo I ou II. CONCLUSÃO: Nossos resultados em relação a taxas de continência, tempo cirúrgico e complicações demonstram que a enterocistoplastia de Macedo é viável, reprodutível e com bons resultados. / OBJECTIVE: To present the results of technique of continent urinary diversion, described by Macedo, in relation to continence, operative findings and postoperative complications. METHODS: From January 2006 to November 2016, 29 patients were underwent to urinary diversion by Macedo’s technique. Patients demographics, hospitalization time, surgical time, follow up, continence rate, reservoir capacity and postoperative complications were evaluated. RESULTS: Sixty nine percent were male and the median age was 16.9 years. The main etiology was meningomyelocele (69.1%). The mean surgical time was 4.2 hours (SD 0.9 range 2.9-6.3). The median length of hospital stay was 10 days (IQR: 11.3 range 5-51). The mean follow up was 3.3 years (SD 2.2 range 0.3 - 9.8). Procedure in the bladder neck was performed in 12 patients (41.3%). The continence rate of the catheterizable conduit was 82.8%. The reservoir capacity increased from 134.4 to 364.4 ml (p <0.0001). The continence rate improved significantly (20 vs. 74%, p <0.0001). There was no change in glomerular filtration rates in the long term (143.1 vs. 147 ml/min, p = 0.45). Morbidity rate was 58% (25 complications in 17 patients), 72% occurred within the first 60 days and 60% were classified as Clavien-Dindo I or II. CONCLUSION: Our results regarding continence rates, surgical time and complications demonstrated that Macedo’s enterocystoplasty is feasible, reproducible and with good result.
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Characterization of Souring in Anaerobic Co-digestion Reactors Loaded with Thickened Sludge, Food Waste, and Fats, Oils and Grease WasteJanuary 2020 (has links)
abstract: Seeking to address sustainability issues associated with food waste (FW), and fat, oil, and grease (FOG) waste disposal, the City of Mesa commissioned the Biodesign Swette Center for Environmental Biotechnology (BSCEB) at Arizona State University (ASU) to study to the impact of implementing FW/FOG co-digestion at the wastewater treatment plant (WWTP). A key issue for the study was the “souring” of the anaerobic digesters (ADs), which means that the microorganism responsible for organic degradation were deactivated, causing failure of the AD. Several bench-scale reactors soured after the introduction of the FW/FOG feed streams. By comparing measurements from stable with measurements from the souring reactors, I identified two different circumstances responsible for souring events. One set of reactors soured rapidly after the introduction of FW/FOG due to the digester’s hydraulic retention times (HRT) becoming too short for stable operation. A second set of reactors soured after a long period of stability due to steady accumulation of fatty acids (FAs) that depleted bicarbonate alkalinity. FA accumulation was caused by the incomplete hydrolysis/fermentation of feedstock protein, leading to insufficient release of ammonium (NH4+). In contrast, carbohydrates were more rapidly hydrolyzed and fermented to FAs.
The most important contribution of my research is that I identified several leading indicators of souring. In all cases of souring, the accumulation of soluble chemical oxygen demand (SCOD) was an early and easily quantified indicator. A shift in effluent FA concentrations from shorter to longer species also portended souring. A reduction in the yield of methane (CH4) per mass of volatile suspended solids removed (VSSR) also identified souring conditions, but its variability prevented the methane yield from providing advanced warning to allow intervention. For the rapidly soured reactors, reduced bicarbonate alkalinity was the most useful warning sign, and an increasing ratio of SCOD to bicarbonate alkalinity was the clearest sign of souring. Because I buffered the slow-souring reactors with calcium carbonate (CaCO3), I could not rely on bicarbonate alkalinity as an indicator, which put a premium on SCOD as the early warning. I implemented two buffering regimes and demonstrated that early and consistent buffering could lead to reactor recovery. / Dissertation/Thesis / Masters Thesis East Asian Languages and Civilizations 2020
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Podmíněné zastavení trestního stíhání / Conditional discontinuance of criminal prosecutionŽďánský, Michal January 2021 (has links)
Conditional discontinuance of criminal prosecution is a method for alternative dispute resolution of criminal cases, also labelled "diversions" by the professional public. It is a criminal procedural measure allowed to be used for case settlement by the court and at the pre-trial stage by the public prosecutor on conditions laid down in the Criminal Code. If the accused committed minor offence and afterwards pleaded guilty; compensated for damages; returned unjust enrichment, or concluded a contract to compensate for damages or to return the unjust enrichment; or he has taken other necessary measures to do so, the determining authority can - with consideration of the accused's character - thereafter decide to conditionally discontinue criminal prosecution. If the accused has committed a serious offense, the public prosecutor or the court may take such decision only if the accused fulfills additional and stricter condition. That is, a probationary period must be determined in the resolution phase, obligating the accused to behave in an orderly way for its duration. If this condition is met, the determining authority will rule that the accused proved himself and then subsequently discontinue criminal prosecution. Otherwise, prosecution will continue, which can potentially lead to indictment and...
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