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Presumption of Innocence: Possible Limitation and Obstacles to Fulfillment Abstract The presumption of innocence is one of the oldest legal principles, a guarantee of an objective approach to the accused in criminal proceedings and a human right. This thesis deals with the concept, content and history of the presumption of innocence and its embodiment in law and nature, not only from a legal point of view. The author comes to the conclusion that the presumption is not of absolute nature and it is possible to limit it in order to preserve other values. The main topic of the thesis is the issue of the possibility of limiting the presumption of innocence. Based on the analysis of ECtHR and Constitutional Court jurisprudence and opinions of experts, the author comes to the conclusion that the presumption of innocence can, under certain conditions, be limited in a permitted manner firstly by placing the burden of proof on the accused, secondly as a result of the statutory regulation of proceedings on extraordinary remedies filed in favor of a deceased convict and thirdly as a result of the accused pleaing guilty. On the contrary, in the case of pretrial detention, the author came to the conclusion that the imposition of pretrial detention is not a limitation of the presumption of innocence. However, the...

Criminal and Criminological Aspects of Spreading Disinformation Abstract This master thesis focuses on the spread of disinformation within criminal law and criminology. The master thesis analyzes and describes the phenomenon of disinformation, detects criminal offences that may be committed in connection with the spread of disinformation and describes such criminal activity from the criminological point of view. The text of this thesis is divided into three parts, the core of the thesis is in the second and third part. The first part of the thesis deals with the term of disinformation and related terms, such as misinformation, fake news, hybrid and information warfare, hybrid threat and propaganda, specifically their definitions and explanations. The second part of the thesis is criminological, therefore it deals with criminological aspects of spreading disinformation. Within the scope of phenomenology, the state and dynamics of crime are described with the help of police statistics. This chapter also addresses the possible characteristics of perpetrators and victims of criminal activity related to spreading disinformation. The etiological chapter analyzes the causes of the spread of disinformation and criminal activity related to such spread. Last chapter of this part deals with crime control, specifically...

Cassation and appeal in the criminal procedure code Abstract The principle of cassation and appeal are the two basic principles that govern corrective criminal proceedings. This thesis maps the rate of their occurrence in the current legal regulation of Czech criminal proceedings and proposals for regulation in the new criminal code, the adoption of which has been discussed very frequently in recent years. Today, we can no longer find the principle of cassation or appeal in its pure form in any remedy, but there is always a combination of both principles with the predominance of one of them. The thesis thus tries to find a suitable combination of these principles for individual remedies. The first part of this thesis deal with the position of the cassation and appeal principle in the system of principles that govern the Czech criminal procedure and defines the definition of the appeal and cassation principle in their pure form. The second part describes a historical excursion of the position of the appeal and cassation principle in the criminal codes valid on the territory of the current Czech Republic from 1873 to 2001. The third part of this thesis deals with the current legal regulation, in particular the definition of the current concept of individual principles, their advantages and disadvantages, and...

70 Abstract This presented thesis deals with the subject of criminal warrant. Its goal is to analyse the current legal regulation of these provisions covered in Act No. 141/1961 Sb., Criminal Procedure Code, and to propose possible solutions for the individual contested parts, which would contribute to better and more effective application of this regulation in the future. The thesis contains five main chapters, which are further divided into individual subchapters. The first chapter describes the history of the criminal warrant on our territory from its first introduction into our legal system in 1929 to the present. The second chapter presents the criminal warrant in its current form in a broader context of the criminal procedure. It focuses on its relation with certain theoretical terms, which are typically connected to it, such as judicial decision, special type of proceedings, and diversion. The third chapter is dedicated to relations between the criminal warrant and the basic principles of criminal procedure, with the emphasis on those which are resicted or otherwise modified when criminal warrant is applied. Also mentioned is the case law of the European Court of Human Rights and its position on the criminal warrant in light of the right to a fair trial. The fourth chapter is then focused on the...

Obvious from the headline, the theme of this theses is traffic crime and its prevention. Although traffic crime is by society quite overlooked kind of criminality, it is more probable that any person will become one of the traffic criminals or a victim of someone elses' criminal behaviour within traffic, rather than he or she will find him or herself being a victim or a perpetrator of a crime from another crime field. Losses of lives, health or property losses which are unfortunately huge part of it are also not insignificant. Being aware of the fact that the most severe consequences of traffic crime happen at the time of transport accidents, considerable part of the thesis is dedicated to the problematics of such accidents. Although traffic crime is not unusual within various kinds of transport it is much less frequent than in the case of road transport which is the kind of transport the theses talks about. The aim of this work is to highlight not only the meaning of transport crime and accidents connected to it but also the possibilities of its prevention. The theses consists of the introduction, four chapters and the conclusion. The first chapter provides an insight into the traffic crime in general, its peculiarities and crimes which can be committed in connection with transport. The second...

Obtaining digital evidence for criminal proceedings Abstract The present diploma thesis analyses the criminal law procedural instruments that can be employed by the law enforcement authorities of the Czech Republic in obtaining digital evidence, mainly focusing on Act No. 141/1961 Coll., the Criminal Procedure Code. The first chapter focuses on analysing the digital evidence concept, considering various approaches to its definition. Consecutively, the term is defined for the purposes of the present thesis, and the chapter concludes with a description of the digital footprint attributes. The second chapter addresses international regulations, namely the Convention on Cybercrime, with regard to the obtaining instruments its signatories are obliged to implement in their legislation. Moreover, the chapter also analyses how the Czech Republic has fulfilled its implementation obligations. The focus of the thesis represents the analysis of the national legislation, discussing the individual procedural instruments used by law enforcement agencies and their pitfalls. In particular, the thesis emphasises the description of the identification of operational and location data, especially considering the topic of data retention and the issuance of orders for the identification of operational and location data in the...

The crime of theft according to section 205 of Czech criminal code Topic of this diploma thesis is the legislation of the crime of theft according to section 205 of the Czech Criminal Code. The aim of this diploma thesis is to conduct an analysis of the currently effective Czech legislation of the crime of theft in the Czech Criminal Code and at the same time subject legislation in fitting cases to critical evaluation or else propose it's modification. Simultaneously the aim of this thesis is to conduct analysis of the judicial practice in time of the state of emergency during COVID-19 pandemic using selected relevant judgements and alternatively subject it to criticism. Final aim of this thesis is to compare the Czech legislation of the crime of theft in the Czech Criminal Code to legislation of the crime of theft in the German Criminal Code with the aim to identify their main differences. Diploma thesis is divided into four separate chapters where individual chapters are further divided into subchapters except the first chapter. The first chapter forms introduction into social problems of the theft phenomenon. This chapter briefly defines importance and status of the crime of theft in a society considering its historical genesis. Second chapter forms the main part of the thesis consisting of the...

1 Criminal law aspects of police provocation Abstract in English This diploma thesis deals with definition of possibly the most exact limit between legal entry of prosecuting authorities to the factual act of the crime and inadmissible police provocation. Following this determination of the limits, which is the main aim of the thesis, it gives the tightest definition of police provocation, it solves possible criminal law consequences of police provocation and it brings a brief analysis of admissibility of further forms of behaviour that can result in an intention of other person to commit a crime. For this purpose the thesis is divided into 4 chapters. The first chapter deals with the problem of police provocation in a broader context of fight against organized crime. It is highlighted the necessity of really careful consideration of the tools and the amount of their usage when fighting organized crime so that their deployment means tolerable rate of interference with human rights and freedoms. The second chapter follows, which deals with general introduction of tools used to fight not only organized crime. These are operational and investigative acitons and supportive operational and investigative actions, using which there most often comes to police provocation. In case of operational and investigative...

PROCEEDINGS BEFORE A SINGLE JUDGE Abstract The topic of this diploma thesis is criminal proceedings before a single judge. Due to the relatively broad subject matter, the author of this diploma thesis has focused largely on the history of the development of criminal justice as such and in a later stage of development directly on the proceedings before a single judge in criminal proceedings and the institution of the criminal order. The description of the historical development begins in the second half of the 19th century, where, according to the author, the first beginnings of the European reformed criminal procedure were planted, from which the criminal procedural law is based until today. In the part of this diploma thesis devoted to the historical development of the proceedings before a single judge, the comparison of the earlier and current legal regulation of this institution and the analysis of the subsequent development up to the present day is the key. The historical analysis is followed by the second main part of this diploma thesis, which is devoted to the special regulation of proceedings before a single judge. A significant part of this chapter is devoted to the conditions under which it is possible to hold proceedings before a single judge and under which conditions it is excluded. The...

CRIMINAL TRIAL ABSTRACT This diploma thesis deals with the criminal trial, which is the most important stage of criminal procedure, because it fulfills the purpose of criminal procedure, which is the proper detection of crimes and fair punishment of their perpetrators. The thesis focuses on the individual phases of the criminal trial, as well as the basic principles that determine the form of the Czech criminal trial, and in the trial, they mostly find their best use. At the same time, attention is paid to current issues related to the criminal trial, as well as to new institutes that change its traditional form to some extent, such as the plea bargain, the declaration of guilt or the institute of indisputable facts. In connection with the planned recodification of the Code of Criminal Procedure, the current regulation contained in the drafts of the new Code of Criminal Procedure is also being evaluated. The work is divided into four chapters, the first of which deals with the application of the basic principles of criminal procedure during the criminal trial. All the basic principles that determine the form of the criminal trial are briefly discussed, as well as the relations between them and possible conflicts. After that, the first chapter deals with the new institutes in the Code of Criminal Procedure...

Agreement on guilt and punishment Abstract The subject of the work is the institute of an agreement on guilt and punishment as a special way of handling criminal cases. The essence of an agreement on guilt and punishment is an agreement between the public prosecutor and the accused, in which the accused confesses to committing the act for which he is being prosecuted, in exchange for imposing a lesser punishment than that which would threaten him in standard criminal proceedings. It is a form of diversion in criminal proceedings, which is intended to speed up and simplify criminal proceedings. The agreement on guilt and punishment is enshrined in the Czech legal system for a relatively short period of time. It was introduced in 2012. As the guilt and punishment agreement did not materialize in practice in the following years, certain changes had to be made. These occurred in 2020 when, for example, an agreement on guilt and punishment was made possible for particularly serious crimes. The work is structured into six chapters. The first chapter deals with the question of whether it is possible to classify the agreement on guilt and punishment among the diversions in criminal proceedings. To answer this question, it was necessary to clarify the very concept of diversion. The work also briefly deals with the...

Hate Crimes and their sanctions Abstract This thesis focuses on the legal regulation of the punishment of hate crimes in the Czech Republic and attempts to provide a comprehensive overview of the principles, methods and type of punishment for this type of crime. The thesis first discusses the constitutional and legal basis of the sanctioning of hate crimes, with an emphasis not only on international legal documents but also on the Czech legislation. Next, the author attempts to define this type of crime, focusing in particular on the so-called hate motive, as this is the core of hate crime and has a significant impact on the imposition of penalties on perpetrators of hate crimes. Chapter 2 describes the methods of imposing criminal sanctions, their history and the individual sanctions that can be imposed on offenders under Czech law. The statistics on the imposition of sanctions for the year 2016-2020 show that alternative punishments are most frequently imposed - suspended imprisonment, fines, community service. Furthermore, this thesis deals with the issue of restorative justice and its application to hate crimes. The author draws in particular on foreign legislation (USA or Australia), where it is common to apply restorative justice methods to hate crimes. Although Czech legislation contains the basis...

v anglickém jazyce This rigorous thesis deals with the legal regulation of road traffic offences in the Czech Republic. It is a specific criminal activity. The perpetrators are usually persons with a good repute, who live an orderly life and are not inclined to criminal activity. Criminal liability is often incurred by causing a traffic accident with serious consequences. Yet, driving a motor vehicle is an everyday part of life for most of the adult population. This issue can therefore affect any of us. There is no separate title in the Special Part of the Criminal Code which contains specific legislation on road traffic offences. Conduct that undermines road safety is punishable under the general offences, which can be committed in other than road transport-related circumstances. The aim of this thesis is to provide the reader with an analysis of the legal regulation of road traffic offences from the perspective of substantive criminal law, to highlight current practical problems and to offer de lege ferenda considerations on possible solutions to the shortcomings of the current legislation. This should be achieved by analysing legal literature and case law. The thesis is divided into five chapters. The first chapter deals with the definition of road transport offences. It then analyses the legal...

Criminological aspects of criminality of foreigners This diploma thesis deals with the criminality of foreigners in the Czech Republic. With the development of globalisation, easier and more accessible mobility of people, but also due to war conflicts or poverty, there is naturally an increased migration of people, which brings with it, among other things, security consequences. Being a foreigner in another country has its own specifics, the most significant of which include minority status, different lifestyles, values, opinions, behaviours and customs. These and many other differences may or may not be criminogenic factors leading to foreigners committing crime. Since this is a very comprehensive topic, which cannot be fully described in one thesis, the aim of the thesis is to analyse the current state of criminality of foreigners in the Czech Republic, to define specific crimes of foreigners, which are among the most frequently clarified and to answer the question whether the crime of foreigners in our territory is increasing or decreasing. Attention is also paid to the phenomenon of organised crime of foreigners and crime related to illegal migration. The diploma thesis is systematically divided into five chapters. The first chapter is devoted to migration in general, mainly the definition of...

1 Abstract Crime relating to the abuse of addictive substances This thesis deals with the issue of substance abuse and criminality associated with this pathological phenomenon. Addiction and substance abuse can be considered a significant criminogenic factor, which is a common cause of traffic accidents, domestic violence, reduced self-control, increased aggression and other crime-related behaviors. Criminality related to the production, distribution and use of addictive substances covers a wide range of offenses, from trivial offenses bordering on offenses to the diverse activities of international organized crime, which can be consider a global issue. Subject matter of this thesis is to link this stated issue with fundamental knowledge about narcotic and psychotropic substances and its effects on individuals, along with their potential influence on the delinquent behavior of drug users, while providing a theoretical definition of crimes related to substance abuse and an effort to quantify this phenomenon. This thesis is devided into four parts. The introductory chapter focuses on interpreting concepts related to substance abuse, which is necessary for a comprehensive understanding of the stated issue. As a follow up to this, the second chapter deals with narcotic and psychotropic substances' fundamental...

Crime relating to the abuse of addictive substances The abuse of addictive substances is an issue of the whole society, which in current globalized world, considering continuous development of drug scene, still remains topical. The abuse of addictive substances, as a significant criminogenic need, relates to all kinds of different criminal offences, both those committed by addicts and those committed against them. This includes for example property crimes, crimes against life, person and health, or endangerment. Because of such wide scope of crimes related to the abuse of addictive substances, the focus of my work is on substantive regulation of so-called drug offences, which is stated in the articles 283 - 287 of the Criminal Code. The purpose of this thesis is to analyse constituent elements of the particular drug offences, coherent case-law, as well as some questionable issues related with this kind of criminal offences. It is for instance, the issue of determining the term "greater than the small amount" and regulation of making cannabis accessible for medical use. Higher consideration is given to the questions of so called growshops and the issues of the distribution of drug addiction. The thesis is divided into general part and special part. In the general part, there is a definition of some...

Název diplomové práce, abstrakt a klíčová slova v anglickém jazyce Title: The crime of drunkenness under the section 360 of the Criminal Code and its current issues Abstract: The Thesis primarily deals with possible theoretical approaches to the crime of drunkenness in continental law and with its legal regulation de lege lata in the Czech Republic. Further, the constituent elements of drunkenness are analysed, and the concept of actio libera in causa is not forgotten either. The provision on the crime of drunkenness under the Czech Criminal Code is also compared to the provisions in other states that are territorially and historically close. The approach to the crime of drunkenness is then examined from historical point of view. Second part of the Thesis concentrates on the problematic of proving the crime of drunkenness in practice in criminal proceedings, with emhasis on the role of the expert opinion in relation to the assessment of insanity and on the process of detecting addictive substances in the body system of an accused. The thesis also contains an analysis of some judicial decisions in which courts of first instance dealt with the crime of drunkenness. Key words: crime of drunkenness, insanity, addictive substances, expert opinion

Název práce, abstrakt a klíčová slova v anglickém jazyce Title Criminal offences related to substance abuse. Abstract The main purpose of this work is to acquaint the reader with the Czech legal regulation of the so-called drug criminal offenses defined in the provisions of Sections 283 to 287 of the Criminal Code in the view of substantive law. This work will provide a general description of individual relevant crimes, their interpretation, as well as analysis of some terms that are associated with these crimes and which are still under discussion. Overall, the work is divided into six parts. The first part is devoted to the explanation of several basic terms, which are used in the work and whose understanding is necessary to understand the rest of the text, as well as the purpose of some legal provisions, which are further addressed. The second part deals with the issue of addictive or narcotic and psychotropic substances as such. This part provides several possible variations of the classification of these substances into groups and subgroups according to various aspects. Finally, the individual groups of addictive substances are mapped with regard to their characteristic psychoactive effects, toxicity or ability to induce psychological or physical dependence on an individual. For each of the groups of...

1 Abstract The diploma thesis deals with the problematics of tax evasion, charge and similar mandatory payments under § 240 of the Criminal Code. This crime is the most common and at the same time the most serious tax crime which is significant by high rate of latency. The aim of this thesis is to present complex overview of current tax fraud legislation problematics. Several parts of this thesis are dedicated to the basic features of tax fraud. Given by the high latency of tax fraud by which is tax fraud characterized and also by the fact that many of its forms of committing are not yet known, part of the work is devoted to ways how to reduce tax in relation to the most important taxes within the Czech tax system. That means in relation to income tax, VAT and excise tax. Some parts of this thesis deal with the general issues of developmental stages of a crime or its punishment, but always in relation to the crime of tax evasion, charge and similar mandatory payments. The thesis then focuses on current problems of the crime of tax evasion, charge and similar mandatory payments. These problems are the ne bis in dem principle, the nemo tenetur se ipsum accusare principle, the question of effective regret and tax optimization. The current problem of the ne bis in idem principle emerged from the decision of the...

1 The freezing of items and criminal proceeds and of substitute assets according to sections 79a - 79f of the Code of Criminal Procedure of the Czech Republic The summary in English This thesis talks about the procedure of freezing of items being intended for using or being used for committing a criminal offence and of freezing of criminal proceeds and of freezing of substitute assets, according to sections 79a - 79f of the Code of Criminal Procedure of the Czech Republic. The topic is put in the frame of the Czech legal regulations, there is described the interpretation and the purpose of the available freezing tools. The meaning of basic expressions is explained more fully. There are indicated the differences between the individual tools used for freezing of assets in the Czech criminal procedure. The subject of basic human rights is highlighted, as well as high requirements asked for each procedure eligible to infringe them. The thesis answers the questions, what can be seized by using the procedure provided in the named provisions, how can it be done and who is the person responsible for such decision, including the procedure of objections and appeals (complaints). There is specified the time period in which is possible to let the asset frozen. The meaning of the used tool is explained especially with...

Criminal procedure in front of a single judge Abstract The master thesis focuses on the legislation concerning criminal procedure in front of a single judge and its purpose is not only the description of all aspects of such criminal procedure but also the presentation of disputable questions and their answers. Another objective of the thesis is to identify inappropriate legislation and provide solutions in the form of de lege ferenda thoughts, including the provision of opinions as to future legislation. Based on methods of description, analysis and historical comparison, the master thesis provides a comprehensive view on the single judge, while using commented legislation, academic literature and case law. The first chapter closely describes the historical evolution of the role of the single judge from 1918 (respectively since 1873 as the Austrian-Hungarian legislation had been adapted) until today. The second chapter solves a problematic question whether the single judge can administer justice at a regional court or only at a county court. The following chapters focus on the core of the thesis, which is described in the next three chapters. The third chapter presents the very first actions of the single judge after the prosecution is delivered to him. The fourth chapter is dedicated to the criminal order...

1 Omissive offences Abstract This diploma thesis addresses the issue of omissive offences in the Czech criminal law with regard to the legislation of Germany. Given the little attention paid to this topic in the Czech Republic, the aim of this thesis is to provide the reader with a comprehensive view of the omission in Czech criminal law in the context of contemporary legal literature, case law, and relevant legislation, including critical review of the most controversial aspects of the current regulation. In the beginning, the thesis focuses on the characteristics of the offence and its individual features with an emphasis on the objective aspects of the offence, which is essential for determination of the form of action. This is followed by a detailed historical excursion into the antecedent legislation of omissions in our country, from the time of Austria- Hungary, to the unsuccessful efforts to reform the criminal law during the First Republic, followed by methodically elaborated criminal codes from the period of totalitarianism to the fine government draft of the Criminal Code from the turn of the millennium. The core of this thesis is the third chapter dealing with the valid regulation of omission and categorization of omissive offences to the authentic (genuine) and the inauthentic, while...

Selected problems of corruption criminal offenses Abstract The rigorous thesis with the title "Selected problems of corruption offenses" analyzes bribery crimes as corruption criminal offenses with the focus on Accepting bribes (§ 333 of Criminal Code) Bribery (§ 332 CC) and Indirect bribery (§ 333 CC). The thesis includes apart from the legal analysis also other interdisciplinary perspectives such as criminology, sociology and economical approach, what brings about a more complete picture of this complex phenomenon. This presented analysis of bribery offenses is depicted within the context of its legislative developments, including its both International law and European law aspects and a brief legislative history on the sanctioning of bribery. The thesis also discusses the punishments of perpetrators of the corruption criminal offences including its developments. The thesis also contemplates other important relevant issues. In that respect the thesis presents a deeper insight into legal instruments such as the special provision for the temporary suspension of criminal prosecution (§ 159c CC) and the subsequent decision on the non-prosecution of the suspect (§ 159d CC), which serves as the alternative procedural instrument to the formerly effective intstrument of special pity. Further legal instrument that...

NÁZEV DIPLOMOVÉ PRÁCE, ABSTRAKT A KLÍČOVÁ SLOVA V ANGLICKÉM JAZYCE Název diplomové práce v českém jazyce: Traffic crime and its prevention Abstrakt: The topic of this thesis is traffic crime and its prevention. It is an area of criminology, which recently has been becoming more and more important, due to constant increase of traffic in general. Nearly every human participates in traffic every day, therefore we all are becoming potential victims or perpetrators of traffic crimes. This topic is too wide for one thesis and it is impossible cover the whole subject in total. So the aim of this thesis is first to give a comprehensive presentation of basic knowledge about traffic criminality, and than focus on more narrowly defined subject, for which I chose criminality with participation of cyclists. I decided for this specialization, because cycling is deep in my heart and I am an active road and track racer. The thesis consists of four chapters. The first chapter deals with the most basic issues like: definition of the term traffic, types and division of traffic, definition of the term traffic criminality, features of traffic criminality as branch of criminology and determination of traffic crimes. The second chapter is about traffic crime statistics. It is discussed what is the proportion of traffic...

Crimes related to the abuse of addictive substances Abstract The diploma thesis deals with the drug crimes and it is split into four chapters. In the first chapter author describes the addictive substances from the historical point of view. Firstly from the general historical point of view and secondly from the law historical point of view. The author also uses the ineffective laws that regulated the addictive substances from the nineteenth century and recent laws, which regulate the addictive substances. In the second chapter there are described the most common addictive substances which the application praxis mostly struggles with. Author describes those addictive with the focus on their influence on the human organism and the possibility ty consider how they influence the controlling and the recognizing abilities. The third chapter is the most extensive and it focuses on the crimes related to the abuse of addictive substances from the point of view of the substantive law. In this chapter, there are described facts of the drug crimes. Namely handling with narcotic and psychotropic substances and poisons according to § 283 TZ, possession of narcotic and psychotropic substance according to § 284 TZ, unauthorized cultivation of plants containing the narcotic o psychotropic substance according to § 285 TZ,...

This master`s thesis deals with the topic of agreement on guilt and punishment, which was introduced into Czech criminal procedure code in 2012. The agreement on guilt and punishment represents an alternative way of solving criminal cases. The agreement is entered into by the prosecutor and the accused, while taking into account the interests of the injured party. A precondition of the conclusion of an agreement on guilt and punishment is the declaration of the accused that they committed the act for which they are prosecuted. The prosecutor proposes the adequate punishment for the act committed and the final version of the agreement has to be approved by the court. For the accused, this procedure means a mitigation of the sentence in exchange for a declaration of committing an act. An advantage for the law enforcement authorities is shorter and simplified criminal procedure. Other benefits of the conclusion of the agreement on guilt and punishment are the cost savings and the protection of injured parties. The institute of agreement on guilt and punishment has its origin in the Anglo-American legal system where it is one of the pillars of the criminal process. In the Czech context, however, it is a foreign and controversial institute, which is subject to strong criticism mainly by legal theorists....

The crime of torture and other inhuman and cruel treatment Abstract This master thesis concerns itself with a concept of torture and other cruel, inhuman or degrading treatment or punishment and how is this concept perceived through the international, regional and last but not least national system of law. Not to mention particular efforts aiming at the eradication of torture and other forms of ill treatment in the context of all the systems of law mentioned above. At the very beginning I am trying to deal with very specific historical approaches towards the torture and other forms of ill treatment themselves. Through this I am trying to provide for more comprehensive view on the given problematics as well as better understanding of why are torture and other forms of ill treatment still subject to controversy. Following chapter is dedicated to legal anchoring of the prohibiton on torture and other forms of ill treatment, especially within the international and regional system of law including particular attempts to define torture and other cruel, inhuman or degrading treatment throughout these systems mentioned above. Next chapter concerns itself with the conception of prohibiton on torture and other forms of ill treatment as a part of the system of fundamental human rights and freedoms followed by thorough...

This PhD thesis focuses on the admissibility of evidence in criminal proceedings. Appropriate setting of limits of admissibility of illegally obtained evidence in the criminal proceedings is not only regarded as one of the main guaranties of fair justice system, but also represents topical and vital issue which raises number of legal dilemmas. The importance of the topic has been increasing recently as gathering of evidence in criminal proceedings often conflicts with the fundamental rights of individuals that are subject to severe limitation on constitutional and especially international level and that are broadly endangered during the process of collecting evidence. The core of the thesis lies in the in-depth analysis of current legislation, jurisprudence and case law dealing with the issue. Within the framework of that analysis, all of the important and disputed questions relating to the general aspects of admissibility of evidence are examined from the perspective of jurisprudence and case law; the knowledge is enriched with real practical impacts on domestic judicial practice. Special attention is paid to the issues related to the exclusion of illegally obtained evidence from the process of evaluating evidence and forming final decision on the case. The thesis does not overlook the problems...

The present thesis addresses the issue of obtaining and gathering information in criminal proceedings which is subject to attorney-client privilege, and its subsequent use in criminal proceedings. The issue is rather complex, as de lege lata there is no comprehensive legal regulation addressing it in a satisfactory manner. The objective of the thesis is to find legally correct and fair solutions in respect of the protection of the attorney-client privilege, on the one hand, and the societal need to obtain and gather evidence effectively for the purposes of criminal proceedings, on the other hand. The thesis provides a general description of the attorney-client privilege and legal assistance, on which the attorney-client privilege is based, and it also contains specific application problems encountered in connection with the use of means of obtaining evidence and gathering criminal intelligence pursuant to the Criminal Procedure Code. Such application problems are dealt with using methods of analysis, synthesis, analogy, comparison, with the results being generalized. Last but not least, the thesis provides an outline and comparison of the relation between the attorney-client privilege and other professional privileges, focussing on the options of obtaining different types of information. The author...

This thesis deals with the issue of traffic crime and its prevention. The topic of traffic crime is a current issue, because transport is a dynamically evolving sector of the economy, but it also brings negatives that affect the most important social values, human life and health. The aim of the thesis is to give a comprehensive treatise on traffic crime, its causes and prevention and to focus more closely on the analysis of criminal offences in traffic. Traffic crime relates to all types of transport, but this work focuses on road transport. The mainstay of the thesis is the analysis of the effective legislation, in particular the criminal law and the assessment whether it meets the requirements of the current situation or it needs to be modified. Traffic crime evolves just like traffic itself. Road users behave differently than they used to. Therefore, the legislation should react and not lag behind. It is important to keep on improving road safety. The thesis consists of five parts. The first one introduces the reader to the topic and explains the key concepts. The second one holds forth on various facts of the cases and provides reflections de lege ferenda. The third one describes the factors causing traffic crime and traffic accidents. The fourth one deals with addictive substances and their negative...

This master's thesis focuses on the subject-matter of agreement on guilt and punishment. It became a part of Czech Criminal Procedure Code by the enactment of Act no. 193/2012 Coll. The plea bargaining, which is widely spread and used in common law countries, served as an inspiration. It should have primarily enhanced the efficiency and speed of the criminal proceedings. It is a type of diversion which is based on a negotiation between the prosecutor and the defendant. The defendant may plea guilty and require a milder punishment in reverse, comparing to a punishment which would have been imposed if a trial took place. The conducted agreement on guilt and punishment has to be subsequently approved by the judge in a form of the approval judgement. The thesis is divided into four chapters. The first one deals with other alternative ways, by which criminal cases may be solved. The influence and potential disruption of basic principles of the criminal procedure caused by the incorporation of agreement on guilt and punishment, is described as well. A short section is dedicated to previous legislative efforts of incorporation the agreement on guilt and punishment into the Czech legal system. The second chapter outlines the contemporary legal regulation of the agreement of guilt and punishment in the...

1 Abstract The diploma thesis is focused on the historical development and the basics of current legal regulation of participation in the Czech Republic. The thesis also briefly devotes to the legal regulation of participation in Italy. Participation is undoubtedly one of the most problematic elements of the criminal law. However, it is an indispensable part of it and without which it would be impossible to fulfil the main purpose of criminal law - the protection of society. Despite the abovementioned, it is not paid sufficient attention to participation by the legislature neither by the legal community. The purpose of the thesis is to provide the reader a comprehensive knowledge of participation in the narrow sense, including the criticism of the most problematic aspects of the current legal regulation. It focuses mainly on the conditions of criminal liability and the basic characteristics of the individual forms of participation in the narrower sense in Czech and Italian legal regulations. This thesis compares and evaluates mentioned institutes. Points problematic aspects out and introduces possible solutions of future legal regulations. The aim of the diploma thesis was achieved by analysis of legal literature, case law and relevant legislations. The diploma thesis is divided into six chapters. The first...

Agreement on guilt and punishment This master's dissertation focuses on a relatively new juridical institute of the criminal procedural law, which is agreement on guilt and punishment. This institute was incorporated in the Czech legal system by the Act No. 193/2012 Coll., which took effect from 1st September, 2012. The main purpose for the incorporation was acceleration and efficiency of criminal proceedings as well as lightening the burden of courts, which are overloaded due to excessive amount of new cases. The master's dissertation is divided into five chapters. The first chapter is devoted to the inclusion of plea bargaining in the system of the Code of Criminal Procedure and on the institute of agreement on guilt and punishment in comparison with other diversions. A brief introduction to the basic principles of retributive and restorative justice is also included in this chapter. The second chapter covers the historical development of incorporating plea bargaining into Czech legislation and the legislative process itself. The basic arguments both in and against favour of the institute are outlined, especially taking into account the principles of Czech criminal proceeding. The third chapter contains a detailed analysis of relevant legislation and is divided into two parts, the first focusing...

01 The Criminal Liability of the Organizer of a Criminal Offence Abstract This thesis focuses on one of the modalities of participation - on organizing. The provisions of Section 24 (1) a) of Act No. 40/2009 Coll. of the Criminal Code mentions organizing in the first place, indicating that it is the most serious form of participation. Organizing is also a form of participation which is quite specific to the Czech legal order. Foreign legal regulations often consider the Czech organizer to be the offender. The aim of this thesis was to thoroughly discuss the organizer of a criminal offence, to evaluate the reason for the frequent criticism of his inclusion among the participants of the crime and to suggest how should this legal institute be adapted. The thesis is divided into seven chapters, the first of which is the introduction and the final is the conclusion. The first part of this thesis deals with the theoretical foundations of participation. It briefly describes the possible approaches to the offender and the fundamentals of the unitary and the differentiated system, including their advantages and disadvantages. The meaningfulness of a differentiated system depends on the successful separation of the key persons involved in the criminal act from the less important ones. The following chapter focuses on...

This thesis analyzes legal framework as well as other issues regarding monitoring and intercepting the substance of communication under Section 88 of the Criminal Procedure Act. Also, the characteristics of logging and accessing data relating to communication (such as times, patterns, locations and parties involved) under Section 88a are described. These institutes in certain instances represent lawful interfere with the right to respect for private life and other human rights and both are of critical importance in the investigation of many types of crimes. The thesis is systematically divided into seven chapters. Chapter One presents both concepts in their relationship to the affected basic human rights and describes characteristics, major principles as well as the procedure of issuing a wiretap and data retention warrants. As both concepts have similar features with conception of Surveillance of persons and items under the Section 158d of the Czech Criminal Procedure Act, comparison with this institute is provided in the second chapter. The third Chapter is devoted to the evolution of Wiretapping legislation and its changes due to particular amendments. The first legal regulation of Wiretapping was adopted in the Czech Criminal Procedure Act in 1991 as a response to the political revolution...

Participation Abstract The submitted thesis analyzes the institute of participation in the broader sense in Czech criminal law, thus except for participation in the narrower sense it focuses also on complicity. Participation is one of the most complicated topics of the general part of the criminal law while being currently one of the most relevant topics, since the number of criminal offences committed in cooperation is increasing. The purpose of the thesis is to critically evaluate current legal regulation of participation in the Czech Criminal Code and to suggest possible solutions to some of the identified drawbacks. This goal should be fulfilled not only by the analysis of Czech expert literature and case law, but also by the comparison with French and Belgian legal regulations of participation and by the analysis of relevant French and Belgian expert literature and case law. Except for the introductory part and the conclusion the thesis is composed of four chapters, which are further divided. The first chapter focuses firstly on a criminal participation of more persons in the commission of criminal offences in general and the possibilities of their punishment. In this context the system of plurality of criminal offences and the system of unity of a criminal offence (also known as the dualistic and...

Drug Related Crimes Thesis - Natálie Váchová - abstract Drug trade spreads throughout every country in the world and thus constitutes one of our society's global problems. As a result, countries try to fight the trade and usage of drugs on the national as well as international levels. Drugs affect various aspects of drug addicts' life - whether this be their health or their social and financial well-being. There are also many crimes that are connected to drugs - illicit production, distribution or possession of drugs (the so called "drug-related crimes"), crimes committed in order to raise funds for the purchase of drugs (i.e. criminal act of theft) or crimes committed under the influence of drugs. The topic of crimes related to substance abuse is very diverse, which is why this thesis will only be focused on the so called "drug-related crimes". The main aim of this thesis is to define "drug-related crimes" in more detail, closely analyse the different interpretations of the term "quantity larger than small" in the case of narcotic and psychotropic substances invoked over time and finally to compare the Czech regulation with the German one. The First Chapter introduces the reader to the issues surrounding drugs by describing the history of usage of drugs and the process of national and international...

The advanced Master's thesis called "A Critical Analysis of Protective Treatment and Protective Detention within the System of Protective Measures" looks into the legislation concerning protective treatment and protective detention in the framework of the Czech legislation on protective measures. In the first two chapters an outline of the purpose and sense of protective measures is given along with their basic overview focusing on the basic principles and concepts which are closely linked to protective measures. At the same time, several problematic aspects are brought to attention following a description of the historical development of the legislation in the Czech Republic. A detailed analysis thereof is given in the following chapters. In Chapters 3 and 4, which specifically deal with protective treatment and protective detention, the two concepts are submitted to critical analysis and defined within the system of penal sanctions. This is done in parallel so that a comparison can be made. For both concepts, the respective German and Austrian legislations are analyzed in detail and compared to the Czech legislation. In this way, a critical analysis of the legislation on protective treatment and protective detention is performed primarily with respect to the whole decision-making process of the...

EN: The misdemeanor of endangering under the influence of addictive substance is one of the most frequently occurring criminal offenses that the Czech society encounters. I have divided my thesis into nine chapters. The first chapter deals with elements of the criminal offense under the influence of addictive substance as divided by legal theory. The second chapter describes the issue of the unlawfulness of the deed. The third chapter deals with an analysis of qualifying circumstances that legislature provided in the second paragraph of the misdemeanor of endangerment under the influence of drugs. The fourth chapter describes the issue and the conditions of participation of persons other than the principal perpetrator of the deed. The sixth chapter deals with the most common criminal offenses that occur along with the abovementioned misdemeanor. The seventh chapter is devoted to the new phenomenon of proving a condition that excludes competence in cases of influencing other addictive substance. In the eighth chapter I focus on the issue of showing of various types of sentences with regard to current practice in relation to sentencing for the deed in question under Section 274 of the Criminal Code. The ninth chapter describes various forms of so-called special methods of proceedings which are used in the...

This rigorosum thesis on the topic of criminal proceedings in front of a single judge deals with, as the title suggests, a very specific, extraordinary criminal proceedings in front of a single judge, therefore in front of the only judge. Currently, the criminal proceedings in front of a single judge is frequently used, as under specific conditions stipulated by law, this proceedings enables execution of a criminal case in an often faster, economical and effective manner, especially in case that the single judge decides in a way that a decision in form of a penalty order is issued. The main objective and purpose of this work is not only to outline the criminal proceedings in front of a single judge as such in a close detail, but also to present all institutes that appear in criminal proceedings, respectively in criminal proceedings in front of a single judge and are closely connected to it. For the sake of better clarity and easier orientation of the reader this rigorosum thesis is divided into several main chapters and related subchapters. The main part of the work, respectively criminal proceedings in front of a single judge legislation de lege lata, continuously builds on and is based on historical context and results in the form of de lege ferenda consideration and suggestion. In conclusion,...

Resumé This thesis titled The Scope of the Prosecutor in the Preliminary Criminal Proceedings presents a compact view on the prosecutor's role and activities in the preliminary proceedings. At this stage, the prosecutor has a vital role and is regarded as the master of the preliminary proceedings (dominus litis), for he carries the ultimate responsibility for its results. In the court proceedings, where he is accorded the party status, the prosecutor represents the public prosecution. In relation to the police authorities, the prosecutor has a number of privileges that enable him to supervise the adherence of legality in the preliminary proceedings. The work is divided into four main chapters. The first chapter discusses the legal base of prosecution as a body of public prosecution in the criminal proceedings. This chapter also characterizes the institute of external and internal supervision within the system of prosecution. The second chapter defines the preliminary proceedings as an obligatory, pre-trial part of every criminal proceeding. Furthermore, this chapter elaborates individual functions of the preliminary proceedings, including its forms and stages. The core of the thesis is the third chapter, which defines the actual scope of the prosecutor. First, this part deals with the prosecutor's...

This diploma thesis is aimed at the spectator violence during the football matches from the point of view of criminal law. Due to the size of this problematics, the part of the thesis is also devoted to the administrative and private legislation. The term spectator violence can include a whole range of dangerous and violent behavior of fans at the football match. Most often we can qualify such behavior as disturbing the preparations and the progress of organized sports match, so as the criminal offense of disorderly conduct. The first chapter is dedicated to characteristics and typology of visitors of the football matches as potential perpetrators, focusing on football hooligans. The second chapter deals with the various manifestations of spectator violence and the development of this phenomenon in the Czech Republic. The third chapter is devoted to selected offences that can include the spectator violence most frequently. The largest part is devoted to the analysis of current legislation of the criminal offence of disorderly conduct, focusing on the explanation of vague legal terms and the principle of subsidiarity of criminal repression. Furthermore it is dedicated to theoretical analysis and practical examples of other selected offences related to spectator violence such as assault, rioting,...