In my dissertation "Problémy trestního soudnictví ve věcech mládeže" I speak about the issues of criminality of the young and about the forms of reactions to misdemeanour caused by the young perpetrators or children. The main legal regulation in this area is the law no. 218/2003, about the judiciary in cases of the young, that contains the arrangement of the material and the procedural law. In connection to the criminal law and the penal code it is a lex specialis. In the first chapter I speak about the theoretical fundation of the law arrangement, and so about the conception of the restorative judiciary. The main idea of this conception is to favor the educational action before repression. The aim is the relationship reconsiliation between the perpetrator and the victim, the awareness of one's deeds and subsequent continuance in one's life in conformity with legal order. The theme of the second chapter is the terminology of the judiciary law in cases of the young. A different terminology was implemented in order to reduce the stigmatization of the young perpetrators, due the interest of their proper development. The third chapter represents a brief retrospect to the history of law arrangement in the area of criminality of the young. In particular, it speaks about the judiciary law among the young...

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...

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...

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...

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...

The present thesis focuses on the phenomenon of juvenile delinquency. Attention is paid to influences and factors that influence the emergence of delinquent behavior in children and adolescents, and of course then the possibilities of justice and judicial response to this undesirable behavior in society. In the legal system of the Czech Republic, there is a separate piece of legislation that responds to the infringement of youth, it is the Law no. 218/2003. The Act represents a response options, and another dealing with children and juvenile offenders. In this Law is delimited the ability to store probation programs and cooperation with the Probation and Mediation Service, which intervenes and helps in dealing with infringements not only children and adolescents but also adults. Attention is paid mainly the form of options and probation programs that are provided by non-profit and non-governmental organizations to help juvenile offenders realize their behavior and above all to prevent recurrences. To illustrate the development of crimes committed by children and juveniles are attached overview tables, which indicate a decreasing number of crimes in the last 10 years. The practical part introduces a design form of a probation program, which is drawn up by the methodical curriculum issued by the...

Settlement in criminal proceeding - Abstract The topic of this diploma thesis is settlement in criminal proceedings, which is one of the diversions, which has had its position in our criminal procedure law for more than 20 years. The settlement is a diversion, which contains the most restorative justice principles. This is the reason, why the text of this thesis does not only deal with the settlement itself, but also with other diversions, as well as with the restorative justice principles. The main objective of this principle is not punishing the offender, but restoring the disturbed relationships between the offender and the victim. Despite the fact that the settlement is beneficial for defendant, because it leads to cessation of prosecution, for victim, who has an easier access to obtain their compensation and also for the whole society, because it prevents the defendant to commit other crimes, it is not used so often in practice as much as for example conditional suspension of criminal prosecution. The thesis is divided into three chapters. The first chapter deals with the term diversion, restorative justice function principles and then with all types of diversions, which are enacted by our criminal procedure law. The statistics then show sometimes giant differences in the usage of particular types of...

The purpose of the thesis is to confirm or disprove the hypothesis whether alternative methods of crime resolution and restorative programs bring advantages and benefits to the victims of crime. For that reason I perceive the victims of crime from the Restorative justice's point of view trying to identify their interests, needs and expectations arising from the criminal event and trying to get to know whether the criminal procedure, as well as its alternatives, is able to fulfill them. Therefore the thesis is composed of four chapters, each of them dealing with different aspects of the victim from the restorative perspective. The first chapter of the thesis is dedicated to the theoretical analysis of the concept of Restorative justice. It deals with the principles of restorative and retributive paradigms and their relation, it briefly discusses the theory of conflict and describes the restorative process, its principles and the stakeholders - the victim, the offender, their communities of care or their social circles and, last but not least, the facilitator. The stakeholders are a crucial part of the process, as the Restorative justice considers the crime as a social event with negative impact not only on the victim and the offender but also on the society and a social peace, so for that reason the...

(in English): KAPLANOVÁ, Šárka. Mentoring in the Criminal Justice. Prague: Faculty of Arts Charles University, 2014. 75 p. Master degrese thesis The aim of the Master's thesis is to introduce a mentoring service and create a comprehensive work about the principles, the benefits and the risks of mentoring. The main part is focused on the mentoring, its principles, benefits, and outlines the important area of dilemmas and risks. The secondl part is focused on the description of the research and the presentation of its results. In conclusion summarizes the results of the research and proposals for improvement of mentoring services and to carry out next research. The research method is the analysis of the questionnaire and content analysis. The research sample consists of clients which used mentoring services. Key words: Social control, restorative justice, reintegration, mentoring

Restorative Juvenile Justice This thesis is dealing with restorative juvenile justice. It aims to summarise and critically discuss this topic. It seeks to classify terms and theory used in order to help its readers with orientation throughout this issue as different terms and theories may often lead to unclarity and confusion. Subsequently it comes to a deeper analysis of selected parts. In particular, it examines international standards, describes thoughts of world-leading experts and eventually compares them and shows them on practical examples. Last but not least, it depicts selected theoretical foundations and draws connection between human life, inherent human nature, and use of restorative justice that is accepted as one of the main arguments for a higher effectivity in comparison to retributive justice. The thesis is divided into three parts. The first part deals with juvenile justice, children's rights and relevant international documents. The second part analyses restorative justice in general, compares different points of view and its types, and places it into a broader criminal justice framework. Furthermore, it looks at restorative justice from a more practical perspective by critically addressing the issue and providing practical examples. The third part focuses on the topic of this...