Publication details

Sankcionování mladistvých de lege lata a de lege ferenda

Title in English Sanctioning of Juveniles de lege lata and de lege ferenda
Authors

MALÝ Jan

Year of publication 2018
Type Monograph
MU Faculty or unit

Faculty of Law

Citation
Description This thesis deals with the critical evaluation of current valid and effective juveniles sanctioning legislation in the territory of the Czech Republic. The thesis is coming out initially of historical excursus dealing mainly with the Law Nr. 48/1931 Sb. and describing the procedure of separation of this area‘s of legislation of general criminal law regulation particularly to the Law Nr. 218/2003 Sb. The thesis deals with the reasons of acceptance of both above mentioned Laws and with the intentions of legislator which preceded the adoption of these regulations. The thesis evaluates very positively the Restorative justice, which position is pivotal in the penal sanctioning of juvenile offenders and criticizes particularly the absence of functional jurisdiction, the wrong division of specialized juvenile judges as well as the missing legislation of young adults‘ category. The inspiration for this thesis comes out mostly of the German legislation. The thesis evaluates the Law of Juvenile Justice, emphasizes its positive aspects and proposes the ways of solving these problems which are often neglected in the present legislation.
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