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...

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...

Protection of the Injured Party in Criminal Proceedings The diploma thesis deals with the issue of the injured party and his protection in criminal proceedings. Its main goal is to analyze the position of the injured party in criminal proceedings and to analyze in more detail his selected rights, which in this proceeding serve to protect him. The partial goal of the thesis is to summarize the most important aspects of adhesion proceedings and draw attention to the shortcomings of the protection of the injured party in criminal proceedings de lege lata. To meet this goal, the core of the work is divided into three main parts. In the first chapter, the thesis deals with the injured party as a subject and a party to criminal proceedings, negative and positive definition of the term victim, categorization of this term, the issue of victim representation, the issue of victims according to Act No. 209/1997 Coll. and Act No. 45/2013 Coll. and categorization of the rights of the injured party. Since the aim of the thesis is not to exhaustively analyze all the rights of the injured party arising from the Criminal Procedure Code, only the selected rights are analyzed in more detail. This section presents examples of the recent extensions of the rights of the injured party. The next part of the diploma thesis...

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...

This dissertation focuses on the health, health care utilization rates, and unmet health care needs of individuals aging with work-related impairments. A life course perspective is used to understand the health experiences of these individuals, and a mixed method approach was used to study their health and health care use. Three components make up the dissertation, two quantitative projects and one qualitative project. The first article provides a broad overview of chronic health conditions reported by respondents from the Research Action Alliance on the Consequences of Work Injury (RAACWI) Health and Health Care Utilization Survey who experienced a work-related impairment. Health outcomes and access to health care for this group is compared to a similar aged sample of Ontarian respondents from the Canadian Community Health Survey. The second article uses the National Population Health Survey to examine whether rates of unmet health care needs over eight cycles varied based on disability status. Respondents are categorized as either without disability, having a work-related disability, having a disability as a result of a disease or illness, or having disability for other reasons. The reasons for unmet health care needs is examined for seven cycles to determine whether unmet health care need could be characterized as personal or structural. The third article provides a deeper understanding of how 11 individuals age with a work injury. A convenience sample of 11 participants from the RAACWI Health Survey participated in semi-structured, in-depth interviews where they discussed their work injury and how they are coping with its ongoing consequences, including subsequent health problems as they age. This article provides a richer understanding of health changes and unmet health care needs that could not be examined in the other projects due to the nature of quantitative analysis. Together these three articles enable me to showcase the lived experiences of individuals with work-related impairments and how they age with the work injury and subsequent, additional chronic health conditions. / Dissertation / Candidate in Philosophy

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...

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