Sekundarni povzetek: |
With enforcement of the Misdemeanour Act (ZP-1) in the year of 2005, the misdemeanour law had become a new paradigm in the misdemeanour procedure management and reaching decisions in particular cases. Administrative and other state authorities and holders of public authorization had become misdemeanour authorities. In frame of their authority, they had decided about the offences in the quick misdemeanour procedure. In 15 years of implementing provisions for ZP-1, there were many perspectives, which had an indirect and direct impact on misdemeanour procedure. In this master thesis, I will study two perspectives, which in my opinion had an impact, predominantly on quick misdemeanour procedure. The first perspective relates to the changes of normative provisions of ZP-1. There were 10 of them within the last 15 years. I will analyse those changes from the influence of normative legislation of ZP-1 point of view. I will address the aspect of misdemeanour procedures and the rights of the participants’ point of view (violators/offenders). In the second perspective, the thesis will focus on the influence of legal practice of the European Court of Human Rights and Slovenian courts on normative regulation. Through the individual cases of legal practice, I will determine and assess the correlation between legal practice and its influence on provisions of ZP-1. Based on the visit of the District court and the Police Station in Viechtach, I will conduct the comparative legal assessment of misdemeanours in Germany (Bavarian model). With quantitative (numerical) display, I will present the review of misdemeanour procedures in the Police from the year 2005 up until 2015, as well as for the period after the year 2015. In my final findings, there is going to be a verification of exposed hypothesis, a contribution to science / profession along with the applicative value of master thesis. |