Search

Criminological aspects of corruption Abstract The purpose of this work is to analyse selected criminological aspects of corruption and, based on the findings, to offer the reader a different, less usual, point of view on these aspects. The purpose of this work is also to evaluate to what extent the means used to fight corruption are able to achieve the goal for which they were or should be adopted. In the first part, I focus on the inconsistent definition of corruption and, after demonstrating several definitions, I extract the characteristics that are, based on the findings, typical for corruption. Subsequently, I subject individual features to analysis and flexibility. Corruption is commonly interchangeable with lobbying, so in the second part I explain its essence and the reasons why this confusion occurs. The media plays a fundamental role in this, but also our political culture, when at the same time we miss the regulation of lobbying. With regard to the capture of corruption in the criminal code, I considered it necessary to analyse the regulation of bribery crimes. In the third part, I therefore focus on the necessary connection between these criminal acts and the procurement of the general interests, and I mention here the jurisprudence of the courts by which this term is interpreted in the absence...

THE ISSUES OF EXCEPTIONAL PUNISHMENT Abstract This diploma thesis deals with comprehensive assessment of the issues of exceptional punishment. The introductory part focuses on the historical development of the form of exceptional punishment in the Czech Republic, from the death penalty, which was for a long time a universal punishment, through its transformation into an exceptional punishment, to its abolition and replacement by life imprisonment. The thesis follows the definition of the concept and purpose of punishment with a detailed description and evaluation of the current legal regulation of exceptional punishment, including the conditions for imposing both forms of this sentence, which are imprisonment for over 20 to 30 years and life imprisonment. The case-law of the Supreme Court, which has explained further the conditions for imposing it, is discussed. Also related criminal law institutions, such as parole or appeals, are explained and how they specifically relate to life sentence. Furthermore, the thesis focuses on the execution of exceptional sentence. Statistics on convicted prisoners, the legal regulation of the execution of exceptional punishment and trestment programmes in prisons are presented. The thesis puts emphasis on the psychological and social effects that imprisonment has on...

Criminal proceedings against legal entities Abstract Criminal lability of legal entities and criminal proceedings against them are still relatively new concepts to the Czech law and their interpretation and application causes numerous issues. Questions and debates are caused both by the wording of the Act No. 418/2011 Coll., on Criminal Liability of Legal Entities and Proceedings Against Them, as well as the extent and manner of application of the general legislation, i.e., in the procedural matters the Act No. 141/1961 Coll., on the Criminal Proceedings (the Code of Criminal Procedure). The aim of this thesis is to analyze legislature regarding the procedural part of criminal proceedings against legal entities lex lata, assess the rationality and quality of solutions adapted, point out some of the interpretation issues and eventually propose possible solutions lex ferenda. The thesis is divided into two main parts - general part and specifics of criminal proceedings against legal entities (special part). In the first part, the author introduces basic legal and jurisprudential frame regarding the problematics of legal entities, criminal proceedings, and criminal proceedings against legal entities. In the second part, which is the merit of this work, he then focuses on specific institutes and procedures...

133 Diversions in criminal proceedings with special focus on agreement on guilt and punishment Abstract The subject of the submitted rigorous thesis is diversions in criminal proceedings, with a special focus on the institution of the agreement on guilt and punishment. In general terms, it can be said that these procedural alternatives to the classical course of proceedings currently represent a very actual and dynamically developing issue, which, even though it often arouses controversy, is at the same time a means, through which the domestic criminal procedure is being modernised. Diversions do not only serve as a means of rationalisation of criminal proceedings, but also reflect the principles and ideas of restorative justice, which is increasingly mentioned as a direction in which the Czech criminal policy could develop in the future. The aim of the thesis is to provide a comprehensive view of these alternative ways of conducting criminal proceedings, with a detailed focus on the institution of the agreement on guilt and punishment, including a critical evaluation of it, a presentation of problematic aspects in theory and practice, and a proposal of possible changes de lege ferenda. The first part of the thesis focuses on the introduction of the concept of restorative justice, i.e. its development,...

The thesis deals with the assistance to victims of crime and aims to provide a comprehensive view of the issue. The purpose of this thesis is to assess the level of assistance provided in relation to its legal anchoring and subsequent application practice. The content of the thesis consists of an introduction, six chapters and a conclusion. In the first chapter the thesis is devoted to the interpretation of basic concepts related to the issue of victims of crime. It defines the victim and describes its various categorisations, including the definition of a particularly vulnerable victim. The distinction between victim and an injured party is also clarified for better orientation in the following text. The second chapter then briefly describes the development of the victim's position and role in criminal proceedings from a historical perspective, and briefly describes the basic international regulation of victims' rights with a focus on European legislation in this area. To complete the explanation of the basic concepts and the historical and international context, the third chapter deals with the concept of the victim of crime from the perspective of criminology and victimology respectively. To introduce the reader to this area, a brief explanation of the concept of crime and crime prevention is...

This diploma thesis focuses on the institute of settlement in Czech criminal proceedings. This type of diversion, which was introduced into Czech law in 1995 as only the second alternative method of settling a case, reflects to the highest extent the elements of restorative justice. Not only does it place the greatest emphasis on the position of the damaged party throughout the proceedings compared to other diversions, where, for example, his consent to the settlement procedure or consent to the resulting form of the settlement is required, but at the same time it allows for an attempt to reconcile the relationships disturbed by the commission of the crime to the full extent, mainly thanks to the personal (and often moderated) negotiations that take place between the accused and the damaged party. It also presents a number of advantages for the defendant over other diversions or standard proceedings. It allows him to avoid a court pronouncement of punishment and guilt, and at the same time, in the event of a favorable settlement decision, to have the prosecution for his offence immediately discontinued. The main part of my diploma thesis first discusses the various conditions that must be met in order to benefit from a settlement, including a critical look at them. Although it might seem that,...

Development and other perspectives of drug offences Summary The subject of this thesis is the criminal law governing the manipulation of psychoactive substances or so-called drug offenses. For the purposes of the thesis the term psychoactive substances is equal to the term narcotic drugs and psychotropic substances as used in Act 40/2009 Coll., Criminal Code. Special attention is then paid to the real impact of this regulation in the area of drug related issues. The first chapter maps the development of laws governing psychoactive substances from antiquity to present day while observing the repetitive trends in the historical legal approach. The attention is also paid to the modern development in this area in the international field, with particular focus the most important conventions signed during the twentieth century and the gradually increasing role of the European Union. The changes in the legal treatment of drug offenses on Czech territory are then described in more detail, the current Czech legislation being one of the main focuses of the thesis. The individual drug offenses contained in Sections 283 to 287 of Act No. 40/2009 Coll., Criminal Code, are discussed in further detail also taking into account the relevant case law and any problems encountered in their practical application. Due to the...

Imposing Punishments in Czech and Polish Legislations Abstract The comparison of the legal systems of individual states is an important source of inspiration for the further development of legislation. In my work I compare the legal regulation of punishments in the Czech Republic and in Poland, namely those of them which both Czech and Polish legal systems refer to as punishments. These are Czech fines, community service, imprisonment, and an exceptional sentence together with their Polish equivalents. The aim of the thesis is to find inspiration and stimuli for de lege ferenda considerations for further development of Czech criminal law by comparing Czech and Polish regulation of punishments, as well as the types of punishments most often imposed by courts in both countries. In the first part of the work I deal with the systems of criminal sanctions in both states in order to introduce the context for the subsequently analysed punishments. Furthermore, each part is devoted to one type of punishment and a comparison of its regulation in the Czech Republic and Poland. The second part is devoted to the Czech fine and the Polish sentence of grzywna, the third part to the Czech community service and the Polish sentence of imprisonment, the fourth part is related to the regulation of imprisonment, and the fifth...

Unconditional imprisonment Abstract This diploma thesis deals with unconditional imprisonment, a topic that has been discussed in the field of criminal law for a long time. Unconditional imprisonment represents the most serious interference with human rights and freedoms that can be legally imposed in the Czech legal sphere. At the same time unconditional imprisonment has a subsidiary nature, which means it can only be imposed as a punishment of last resort. As it is shown in practice, unconditional imprisonment is imposed very often in the Czech Republic, therefore the goal of this thesis is to provide a comprehensive summary of the given issue, including the identification of its problems alongside with providing suggestions of possible solutions. The thesis is divided into five chapters, which gradually in complex fashion analyze the concept of unconditional imprisonment from both theoretical and practical point of view with the goal of providing a complete overview of the given issue. Theoretical basis of unconditional imprisonment is explained at the beginning of the thesis. That includes explanation of the term itself, its history, and the theories of punishment. Later in the thesis, the legislation regarding unconditional imprisonment is analyzed, which includes the domestic legislation as well as...

The crime of theft according to section 205 of the Czech Criminal Code Abstract In this thesis, the author deals with the crime of theft according to § 205 of the Czech Criminal Code as one of the most frequently committed crimes. The aim of the thesis is not only to describe the legal regulation of the crime of theft in Czech law but also to describe the legal regulation of this criminal offense in the French legal system and subsequently to compare these two legal regulations. In the first chapter, there is a historical overview of the development of criminal law, where the author focuses on the period of Roman law and then on the development in the Czech lands from the middle of the 19th century to the present day, where, among other things, he compares the then and current law. In the second chapter, readers will find the current legal regulation of the crime of theft according to the Czech Criminal Code. The basic and qualified facts are analyzed here, including the addition of relevant case law. Special attention is paid to current changes in the limits of the amount of damage, and at the end of the chapter, there is a brief overview of the relevant statistical data. The third chapter contains an analysis of the legal regulation of the crime of theft in French law. First, the system of French sources...

Extraordinary Appeal in Criminal Proceedings Abstract This diploma thesis focuses on a comprehensive analysis of the legal regulation of extraordinary appeal, as one of the extraordinary remedies in criminal proceedings, which was introduced into Czech law with effect from 1 January 2002 by Act No. 265/2001 Sb. At first it focuses on general explanations of the appeal procedure, remedies and specific principles governing the appeal procedure, followed by historical overview of the development of extraordinary remedies. Then the diploma thesis deals with the institute of extraordinary appeal itself, namely, for a better understanding, at first in terms of general interpretations of the extraordinary appeal, and then analyses the individual issues. The main part of the diploma theses is devoted to applicable grounds for the extraordinary appeal, the interpretation of which considers the rich case law of the Supreme Court and the Constitutional Court, especially with regard to the ground of appeal under Section 265b (1) (h) al). The interpretive development of this provision, accompanied by contradictions between the Supreme Court and the Constitutional Court, which are sometimes referred to journalistically as a "war of the courts", was of fundamental importance for the introduction of a new ground of appeal...

1 Defence by the defence counsel in the trial Abstract The aim of this thesis is not only to analyse the legal regulation concerning the defence counsel and the defence in the main trial, and to provide the reader with a de lege lata view on this issue, but also to provide de lege ferenda considerations for some legal institutes. The thesis also provides the reader with a comparison of the current legal regulation and the current version of the draft of the new Criminal Procedure Code (as of 14 October 2022) on selected criminal procedure issues. The content of the thesis is divided into an introduction, four parts and a conclusion. The introduction briefly justifies the choice of this topic and sets out the objectives to be achieved in the thesis. The importance of the right to a defence and the importance of the person of the defence counsel is emphasised. The first part of the thesis defines the right of defence, emphasises the fundamental human rights and freedoms in criminal proceedings and the basic principles of criminal procedure, among which the principle of ensuring the right of defence is emphasised. The second part of the thesis is devoted to the person of the defence counsel. First, it defines the institution of the defence counsel in general terms, then it deals with specific forms of...

IN ENGLISH LANGUAGE TÉMA PRÁCE: Domestic violence and its prevention In my diploma thesis, I deal with the topic of domestic violence and its prevention, which is a societal problem across all cultures. It is specific in that this negative phenomenon occurs in private, in a place that should be a place of safety and love, among people who are emotionally attached to each other. The aim of the presented work, systematically organized into 8 chapters, is to provide the reader with a complete set of information on the issue of domestic violence and to introduce him to the methods of protection provided by the Czech legal system. The introductory chapter is devoted to the general historical development of domestic violence, the theoretical definition of the concept of domestic violence, which has not yet been legally defined, it also presents the defining features that define domestic violence, its forms, summarizes the individual myths and prejudices of society. In the second chapter, the work is focused on individual subjects, i.e. the person of the perpetrator and the victim. Subsequently, a brief development of legislation in the field of protection against domestic violence is outlined. The fifth, sixth and seventh chapters are devoted to legal protection at the national level, namely civil law,...

§ 189 zákona č. 40/2009 Sb. Trestní zákoník - pimping Abstrakt The diploma thesis is devoted to the crime of pimping under Section 189 of Act No. 40/2009 Coll. of the Criminal Code. The first part of the thesis defines the concept of prostitution, the reasons why prostitution is a sociopathological phenomenon and the different types of ways in which the legal systems react to prostitution. Subsequently, the historical development of the legal regulation of prostitution in the Czech Republic since the establishment of the Czechoslovak Republic is described. Then, the facts of the crime of pimping under the current legislation are analysed in detail, where the individual terms used in the basic facts of this crime and in its individual qualified facts are explained with the help of case law and doctrine. Furthermore, the possibilities of a single-act concurrence with other offences contained in the Criminal Code are discussed, namely with the offence of trafficking in human beings under Section 168 of the Criminal Code, the offence of rape under Section 185 of the Criminal Code, the offence of sexual coercion under Section 186 of the Criminal Code, the offence of enticement to sexual intercourse pursuant to Section 202 of the Criminal Code and the offence of endangering the upbringing of a child pursuant to...

The Moral Crime and its Prevention Abstract The thesis deals with the topic of moral crime and its prevention. The aim of this thesis is to provide a basic overview of the field of moral crime, to define the basic concepts related to this issue and to provide a deeper insight into the interpretation of selected sexual offences. This thesis is composed of four main chapters, each of which focuses on different aspects of the matter at hand and attempts to grasp it from multiple different perspectives. The introductory chapter contains definitions of basic terms related to sexual offences. It concentrates on defining terms such as morality, law or moral crime itself. It focuses primarily on the relationship between these terms, how law and morality differ from each other, and defines the general concept of crime in terms of legal and sociological concepts. The central part of this chapter is the definition of the concept of moral crime and its relationship to morality and law. Furthermore, the focus is on the statistical development of moral crime. The second chapter discusses the offender and victim of moral crime. The concept of the offender is defined from both a criminal law and criminological perspective. The categorization of offenders is described from various perspectives and the issue of sexual...

The presented diploma thesis deals with the concepts of self-defence and necessity and their position as legal institutions within the framework of the Czech criminal law, as well as the consequences of the transgression of their limits as defined by the legislation. Both self-defence and necessity are categorised among the circumstances precluding lia- bility and share the essence of creating a legal scope under which the regular addressees of the legal norms are allowed to defend their own interests or interests of the society as a whole, provided that the interests in question are themselves protected by the legal system. Such defence is generally permissible in the situations of immediate unavailabi- lity of an intervention from the side of a public authority, or in the cases when such re- action would be severely delayed to the point of ineffectiveness. It is for this reason that the aforementioned legal institutions enable specific forms of behaviour which would be considered reprehensible, and thus sanctionable by law under the regular circumstances. The objective of this thesis is to first provide an analysis of the boundaries of le- gality of behaviour under self-defense and necessity according to the current state of the legislation both in the strict sense, i.e. by interpreting the...

1 Sanctioning of legal persons Abstract Sanctioning of legal person is a topic that is more than relevant. Although the phenomena of criminal liability of legal person is not unknown to the continental Europe, rapid development can be seen in the second half of 20th century and in the beginning of the 21st century where most of European countries enacted laws regarding criminal liability of legal persons. The Czech Republic enacted the Act No. 418/2011 Coll. on the criminal liability of legal persons (hereinafter "ZTOPO"). This diploma thesis is divided into six parts. The first part is about criminal liability of legal persons in general. It provides a quick historical evaluation and analysis of the term criminal liability of legal persons itself, then it is focused on the ZTOPO. The second part is focused on compliance program with regard to its function, preferable content and relevant case law. The third and fourth part is the core of this diploma thesis. The third part solely focuses on sanctioning of legal entities under the ZTOPO. It separately describes every sanction that could be imposed under the law and focuses on the deficits of the legislation. The fourth part describes the criminal liability of legal persons in France, Germany and Austria and thus provides international comparison with the...

The issue of cruelty and other inappropriate treatment of animals and their protection through criminal law This thesis is focused on the protection of animals against cruelty and other inappropriate treatment, and its securing through criminal law within the legal order of the Czech Republic. The aim of this work was to evaluate the current level of legislation concerning animal cruelty in the sense that it is possible, especially in criminal law, but also in administrative law, to effectively detect, sanction and prevent its recurrence in the future. The aim of this thesis was also to evaluate the changes in the protection of animals against cruelty, which occurred with the adoption of Act no. 114/2020 Coll., amending Act no. 40/2009 Coll., Penal Code, as amended, and some other laws. The content of this thesis consists of a total of 10 chapters, which are further divided into subchapters. Defining the basic terms, outlining the development of legislation on animal protection and animal Welfare in the world and in the Czech Republic, and insight into supranational legislation in the field of animal protection, both at the international level and at the level of the Council of Europe and the European Union, is the content of the first four chapters, which are not crucial for the purposes of this...

Recognition and enforcement of decisions of Member States and forwarding decisions to other Member States ABSTRACT This thesis deals with international judicial cooperation in criminal matters, specifically the judicial cooperation of the Member States of the European Union. In the first chapter, it deals with the purpose and basis of legislation, historical development of European cooperation. It also describes the specific entities acting in the field of international judicial cooperation at European and national level, and also names the reasons why cooperation between Member States in criminal matters is necessary and sets out the European Parliament's intentions to further enhance the cooperation between Member States. The second chapter focuses on the mutual recognition and enforcement of decisions of another Member State imposing financial penalties, the legal basis of which is the Council Framework Decision 2005/214/JHA, which was implemented into the national law by Part Five, Chapter VI of Act No. 104. / 2013 Coll., On international judicial cooperation in criminal matters. Special attention is given to the grounds for non-recognition of decisions of other Member States; their further analysis points out individual application problems that lead or have led to non- recognition of such decisions in...

APPELS IN CRIMINAL PROCEEDINGS ABSTRACT The goal of this Diploma thesis is to analyse the legal regulation of appeals in criminal proceedings and the issue of this regular remedial measure in general. Author's goal is to present readers with the historical genesis of the institution of appeal since early feudalism until the adoption of current Criminal Procedure Code, considering the most important amendments of this law, and to put the intrastate legal regulation into the context of international law and embedment of the right of appeal in criminal proceedings in international treatises. The author also aims to explain appeal as regular remedial measure together with other remedial measures in Criminal Procedure Code and to introduce basic and specific principles, that impact the legal regulation. In the main chapter the recent regulation of appeals in Criminal Procedure Code is critically analysed. The author further deals with the admissibility and effects of the appeal, by all parties that are legitimate to appeal, the time limit, place and means of filling it, while listing practical examples of abnegation of the right to appeal to a higher court and withdrawal of the appeal, content requirements and possible problems in practice, the operation of the court of first instance after appealing, and also...

1 Tolerable risk Abstract The theme of this diploma thesis is a tolerable risk (or allowable risk) as one of the circumstances excluding illegality in the Czech criminal law. The introductory chapter is devoted to the general principles of the circumstances excluding illegality, related institutes and to the ultima ratio principle meaning that criminal liability is a last resort. Furthermore, the individual circumstances excluding illegality and their mutual relations are examined, as we can observe similar or even identical building blocks between the circumstances definitions, which make them very similar to each other so that lay people are sometimes unable to distinguish them from one another. The following chapter deals with the tolerable risk itself - its history in Czechoslovakia and later Czechia until its explicit inclusion in the Criminal code from 2009, analysis of the current legal definition and details of individual elements that the Criminal code requires for undertaking a risk. It is also compared with foreign countries (Slovak and Polish) law, as these two states penal codes include similar articles about tolerable risk. Finally, the thesis deals with two specific fields of human activity which are frequently associated with tolerable risk - sport and health care. Pointed out are their...

The institute of allowable risk with focus on the area of health care Abstract The topic of this thesis is the institute of allowable risk in health care, i.e. one of the expressly stated circumstances excluding unlawfullness in the Czech Criminal Code. At first, this thesis deals in general with the definition of unlawfullness, with expressly stated circumstances excluding unlawfullness in the Criminal Code in its general and special part and subsequently with circumstances excluding unlawfullness not expressly stated. In the next part, this thesis contains the international and constitutional law basis for the right for life and health, untouchability of a person and scientific research liberty. Third main part of this thesis is devoted to a detailed study of allowable risk in the area of health care. At first, attention is given to positive description of allowable risk, i.e. benefit for the society, definition of risk, exercise in the course of employment or post, subsidiarity of risky conduct and term achieved state of knowledge - term and advancement de lege artis. After positive characteristics, description of negative characteristics of allowable risk follows, i.e. of free and informed consent and its absence, proportionality principle, contradiction with a legal regulation, public interest,...

57 Penal aspects of corruption Abstract This thesis deals with the aspects of corruption that are sanctioned under criminal law. The aim of the thesis is to define the current criminal legislation punishing this form of crime, to present its problematic aspects and to propose possible solutions to these issues. In this context, a part of the thesis is also devoted to the definition of the concept of corruption, the historical development of the legal regulation in the Czech Republic in particular, the legal regulation in the field of international and European law, as well as legal comparison with foreign countries. First, the thesis devotes a section to various definitions of corruption by both Czech and foreign academics. Subsequently, the typology of corruption and the factors influencing its occurrence, extent and severity are outlined. Next, the first cases of criminalisation of corruption, the development of legal regulation in the Czech lands, and in particular its regulation within criminal codes are presented in the framework of historical development. Then, the international conventions dealing with the fight against corruption to which the Czech Republic has acceded are presented, as well as the legislation within the European Union. Furthermore, the thesis defines the crimes that are committed...

Selected issues of criminal liability in health care Abstract The work deals with selected issues of criminal liability in health care. In the introductory chapter it names some specifics of the relationship between health care and law. The second chapter presents selected, fundamental sources of medical law, which in addition to national legislation include selected international conventions and attention is paid to the role of court decisions in the Czech legal system. The same chapter defines some basic concepts that are important for the whole work and for its subject. The third chapter of this work can be considered as a theoretical basis of the subject of this work. The work deals mainly with the theoretical foundations of criminal liability and its origin, in connection with the specifics of criminal liability in health care and finally the specifics of criminal liability of legal entities. Furthermore, this chapter discusses other legal responsibilities that come into play in connection with the provision of health services - civil, administrative, labor and disciplinary liability. This chapter ends with a separate subchapter, which deals with the importance and role of expert opinion in assessing the emergence of legal liability in health care. The fourth chapter of this work is a practical part....

The diploma thesis is focused on the legal institute of euthanasia and related issues with emphasis on the criminal law aspect. The aim of this work is to introduce the reader to the concept of euthanasia, to provide an analysis of basic human rights related to euthanasia, an analysis of the criminal law of euthanasia in the Czech Republic and a comparison of euthanasia legislation in European countries. The work offers the author's reflection on legislative proposals in this area and a controversy over whether the criminal law sufficiently reflects social needs. The thesis is divided into seven chapters, some of which contain subchapters. In the first part, the author clarifies the research issues and goals of the thesis. In the second chapter, the author offers an introduction to the issues of law and punishment, he also introduces the reader to the concept of euthanasia. The most comprehensive third part of the thesis is focused on the controversy regarding the existence of the right to death, the view of the right to death in the context of human rights and freedoms from the point of view of the ECtHR and the comparison of euthanasia legislation in selected European countries. The fourth chapter deals with the criminal qualification of euthanasia from the perspective of the current criminal law...

Disputable questions of necessary defence in judicial practice Abstract This diploma thesis deals with disputable questions of necessary defence in judicial practice. The first part of the diploma thesis focuses more closely on the theoretical concept of necessary defence, as a circumstance excluding illegality, when it has been found out that the necessary conditions of the necessary defence are the existence of an ongoing or imminent attack, which must be directed against an interest protected by criminal law, while the attack must be unlawful and genuine, when the defence must not be quite manifestly unreasonable. There are cases of deviating from the limits of necessary defence, which are called excess intensive or excess extensive, described here as well. The second part of this diploma thesis deals with the importance of judicial practice in criminal law and individual selected disputable questions in the necessary defence solved in judicial practice. There are individual samples of court decisions, in the "casebook" style, where an individual case is always described, both factually and legally, containing legal sentences as well as important, practical and interesting extracts from court decisions. Among the resolved disputed questions are the question of the subsidiarity of necessary defence, the...

1 Restrictions on personal freedom in theory and practice Abstract The subject of this rigorous thesis is the connection of the theoretical and practical concept of permissible interference with the personal freedom of an individual in criminal proceedings, with an emphasis on the protection of the fundamental rights and freedoms of the person concerned. The basis of the thesis is the description and more detailed definition of some specific institutes of criminal law, in the form of detention, arrest, detention and imprisonment, which seriously interfere with personal freedom and are directly connected with the imprisonment of persons. The rigorous thesis compares and analyzes the legal embedding of the above- mentioned criminal law instruments at the national and international level with their application in real life practice and points out some fundamental differences that occur when they are used by law enforcement authorities. Attention is primarily paid to the degree of compliance with the guarantees of permissible interference with personal freedom by public authorities, the legitimacy of individual interference and also their adequacy and proportionality in relation to the goal pursued by these means. The rigorous work examines whether these criminal law institutes are applied rationally, whether...

1 A comparison between Manslaughter in the English and Czech law Abstract The thesis compares the Czech and English legal regulations of the crime of manslaughter. As such, it is divided into an introduction, six parts and a conclusion. It aims to provide not only a comprehensive analysis of the crime of manslaughter in both legal orders, including a subsequent comparison, but also the possible adoption of certain institutes from one legal order to the other. In the first part, it deals with the issue of the differences between the two legal systems, i.e., continental and Anglo-Saxon, as well as with the general interpretation of the crime of murder and manslaughter. In doing so, it introduces the structure of the formal sources, the interrelationship between murder and manslaughter, and the terminology of manslaughter in England. In the second part, it provides an analysis of the facts of the crime of manslaughter, with the actus reus and the mens rea being analysed more extensively than through the fragmentary optics of the crime of manslaughter. Particular emphasis is then placed on causation. The third part is devoted to the circumstances precluding illegality, which for the sake of consistency of the whole thesis, included the institutes of insanity, diminished sanity, automatism and intoxication....

Agreement on guilt and punishment - Abstract The topic of this rigorous thesis is an institute of an agreement on guilt and punishment, which is one of the diversions in criminal proceedings that is regulated by our criminal law. Given that the institute of the agreement on guilt and punishment is conceptually subordinated to just mentioned concept of diversions in criminal proceedings, this thesis does not deal only with the institute of agreement on guilt and punishment, but also with all other diversions in criminal proceedings, which are regulated by our criminal law. The main usage goal of the institute of an agreement on guilt and punishment is to simplify and speed up the entire criminal proceedings, when thanks to a conclusion of an agreement on guilt and punishment, the entire criminal proceedings can come to a successful conclusion relatively quickly. This thesis is divided into three chapters. The first chapter deals with the concept of diversion in criminal proceedings, the principle of so-called restorative justice, as well as with all the individual diversions in criminal proceedings (with the exception of the institute of the agreement on guilt and punishment). Part of this chapter are also statistics, thanks to which the reader of this thesis can find out to what extent the diversion is used...

The criminal offence of dangerous threatening under Section 353 of the Criminal Code The topic of this diploma thesis is the offence of dangerous threatening pursuant to Section 353 of the Criminal Code. The thesis, which is divided into seven parts, focuses on a comprehensive presentation of this topic and provides an insight into the jurisprudence and the legislation in other states. The first part describes the historical development of the crime of dangerous threating, first with a brief mention of the early beginnings, which is followed by a more detailed regulation in the Czech Republic and Czechoslovak Republic. The second part of the thesis is focused on the general concepts of criminal law, especially on the concept of a criminal offence. The aim of this part is to present the basic definition of key concepts, which are further worked on in the third part of the thesis. The third part, which is the main part of this Master thesis, is devoted to the regulation of this criminal offence, its classification within the criminal law, international and constitutional context and its detailed characteristics. The Czech court case law is also taken into account, especially with regard to questions related to the arousing of legitimate concern. The fourth part is devoted to the relationship of the...

Claims of the injured person for compensation for non-material damage in adhesive proceedings In recent years, the issue of compensation for non-material damage caused by a criminal offense and its discussion in adhesive proceedings has come to the forefront of the interest of both the highest courts and relevant experts, whose opinions on individual issues naturally differ. The factual impossibility of quantifying the immaterial damages of injured persons requires the necessary need for the existence of established decision-making practice of the highest courts and the establishment of at least basic criteria that determine the limits of judicial discretion. Efforts to strengthen the position of injured persons are obvious and certainly welcome, but care must be taken to preserve the accused's right to a fair trial, both formally and materially. This rigorous work is (apart from the introductory and concluding chapters) divided into a total of five relatively large chapters, each of which is devoted to one aspect of the researched issues, including a proposal to improve legislation. The first chapter is devoted to a general introduction to the issue of non-material damages and their compensation, the basic concepts of adhesive proceedings, its purpose and meaning, the basic principles that govern adhesive...

The imposition of the punitive measure of unconditional imprisonment on juveniles and its execution Abstract This rigorous work deals with the imposition of the punitive measure of unconditional imprisonment on juveniles and its execution and aims to expound the process of imposing and executing this most severe criminal measure. The aim of the thesis is also to point out the lack of legal regulation and its practice. In general, juvenile criminal law is very specific as juveniles are individuals who are still developing; the chapters of this thesis are therefore focused mainly on the specifics by which unconditional imprisonment of juveniles differs from unconditional imprisonment of adults. Even though the application of diversions and alternative punishments is, according to the principle of restorative justice, currently preferred, the issue of unconditional imprisonment is still often discussed, which is why I believe that it is still a topical issue. The thesis is divided into six successive chapters; the merit of the thesis is covered mainly in the third and fourth chapter. The first chapter is focused on the substantive and procedural specifics of juvenile criminal law which are reflected in various criminal law issues. The beginning of this chapter deals with the history of juvenile criminal law....

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...

Comparison of Czech criminal law and Shari'a criminal law - a case study of Saudi Arabia Abstract The thesis provides a comprehensive comparison of the foundations and basic attributes of Czech and Shari'a criminal law. Its aim is to describe aspects of Islamic and continental legal culture in comparison. Due to the fact that Shari'a law is currently differentiated according to the individual Muslim country, apart from the classical Shari'a, the subject of this thesis is also the Saudi Arabian concept of criminal law. This is because Saudi Arabia is a Muslim country that largely retains the traditional Shari'a to this day. The introductory part of the thesis reflects the effort to break the tendency for skepticism regarding comparability of both cultures. Before the comparison of criminal law legislations itself, readers are presented with a historical excursion into the development of relations between the West and the Islamic world, which have remained far from immune to their mutual influences throughout history. In this part, the thesis deals mainly with the influence of the West on the political and legal order of Islamic countries, which can be considered significant and important in terms of shaping the legal framework of Muslim countries. In fact, we observe interactions between the two cultures not...

1 Abstract The Moral Crime and its Prevention The submitted thesis deals with the topic of moral criminality and the options of its prevention. The main goal of this thesis is to give a deeper overview of this topic, the current legislative with an emphasis on sexual offences, its victims and the processes of victimization. The thesis is divided into five chapters, of which the first four are dealing with related topics on theoretical level, the last chapter deals with particular moral offences. In the first chapters the attention is paid to the concept of human sexuality, human sexual instinct and the variability of tolerated manifestations of sexuality in society and the reflection of human sexuality in the concept of morality. Subsequently, moral crime is defined, individual moral offences are listed, and the division of these offences according to various criteria is provided. Considerable space is provided to the topic of offenders and especially the victims of moral crime, both in criminal and criminological optics. In the case of offenders the division in to deviant and non-deviant offenders is given. In the case of victims of moral crime a legal definition is provided as well as the victimological concept. The attention of the thesis is focused especially on the issue of victimization and secondary...

Criminal aspects of spectator violence in the football stadiums Abstract This diploma thesis deals with the issue of spectator violence with a focus on the football violance, mainly from the perspective of criminal law. However, as this issue is extensive, due to its complexity, the work is amended by chapters concerning administrative law and private law. Spectator violence is a social phenomenon that is described as a set of excesses against public order, which occurs on the occasion of sports matches, but also outside of them and is committed by a confined group of people marked by solidarity to a particular sports club. In the opening chapters, the phenomenon is described in more detail, its possible causes are explained and a brief history is given, focusing on our country and England, where football hooliganism comes from. The next chapters are devoted to the typology of visitors to football matches, which are divided into four groups - football spectators, football fans, ultras and hooligans. For each group, their relationship to the football club is described and, if applicable, also a list of the activities they deal with. The third chapter then deals with selected crimes related to spectator violence, which analyzes the theoretical analysis of these crimes, gives examples of individual crimes in...

The topic of the accusatorial principle has been elaborated many times in the Czech legal environment, however, is still topical. In particular, the as yet not implemented recodification of criminal procedure maintains discussions on the application of the accusatorial principle and its manifestations in criminal proceedings alive. The author of the master's thesis processes the topic of the accusatorial principle and the related issues in a context of Czech-French comparison, which is not common in professional publications. This master's thesis aims to provide a comprehensive insight into topic of the accusatorial principle in both Czech and French legislation and compare the two legislations. The result of the comparison is used to formulate de lege ferenda proposals and to determine whether it is possible to draw inspiration from French legislation. The above-mentioned aim of this master's thesis is accomplished through the three thematic units, into which the content of this master's thesis can be divided. In the first theoretical unit the theory of the accusatorial principle and its historical development are presented to the reader. The second presents the current legislation in the Czech Republic and France. And finally, the third thematic unit contains a comparison of Czech and French...

Conditional discontinuance of criminal prosecution is a method for alternative dispute resolution of criminal cases, also labelled "diversions" by the professional public. It is a criminal procedural measure allowed to be used for case settlement by the court and at the pre-trial stage by the public prosecutor on conditions laid down in the Criminal Code. If the accused committed minor offence and afterwards pleaded guilty; compensated for damages; returned unjust enrichment, or concluded a contract to compensate for damages or to return the unjust enrichment; or he has taken other necessary measures to do so, the determining authority can - with consideration of the accused's character - thereafter decide to conditionally discontinue criminal prosecution. If the accused has committed a serious offense, the public prosecutor or the court may take such decision only if the accused fulfills additional and stricter condition. That is, a probationary period must be determined in the resolution phase, obligating the accused to behave in an orderly way for its duration. If this condition is met, the determining authority will rule that the accused proved himself and then subsequently discontinue criminal prosecution. Otherwise, prosecution will continue, which can potentially lead to indictment and...

Compliance management system as a tool for exclusion of legal entities from criminal liability Abstract Although the area of compliance in the Czech legal environment is evolving relatively quickly, several ambiguities still arise here, especially in connection with criminal proceedings. Therefore, this work primarily deals with problematic issues related to the exclusion of a legal entity from criminal liability according to § 8 (5) of Act No. 418/2011 Coll., On criminal liability of legal entities and proceedings against them, as amended (hereinafter "TOPO "). The first part of the thesis is comprehensively devoted to defining the cumulative conditions of the attribution of a crime from the point of view of the material concept because without them it is not possible to consider the attribution of criminal liability to a legal person. In the second part, it is seamlessly linked to the construction of § 8 (5) TOPO, where based on the conclusions made by constant case law and the professional public, a tool to develop a legal entity from criminal liability is considered a functional compliance management system (CMS). It must contain three basic pillars of measures, namely (i) preventive, (ii) detection, and (iii) reaction. The final part of the work is devoted to these pillars, where the essential...

The aim of my thesis is to unify the total view of the issue of euthanasia and assisted suicide with an emphasis on the criminal law. I am not trying to concluded whether legalize euthanasia in the Czech legal system or not, I just would like to outline the posibilities of the legal regulation in the Czech Republic in the future, after providing the analysis of the countries where euthanasia has happened legal in the last few years. My thesis is divided into eight chapters. At the beginning I try to give a detailed description of the substance of euthanasia and other related terms as assisted suicide, do not resuscitate and then I state usual forms and divisions of euthanasia. Then I deal with the history of euthanasia in the world because for understanding and clarification it is necessary. The next chapter is already about euthanasia in Czech Republic, where euthanasia has never been legalised but there were some efforts in some forms to do that. In this part I deal with a legal qualification of killing on request and assisted suicide de lege lata and de lege ferenda. I also mention the opinions of the opponents and the protagonists of the question of euthanasia. The next chapter deals with a quality of paliative care as one the arguments against euthanasia. It is impossible to omit the medical...

This diploma thesis deals with the categorization of criminal offenses in the Czech Criminal Code, it is a fundamental issue related to criminal liability. The recodification of the Criminal Code in 2009 brought with it several changes, one of the most discussed areas was the new categorization of crimes, which moved from a monopartite to a bipartite of crimes (misdemeanour and crime). However, the "new" categorization of criminal offenses was not the only change brought about by the Czech Criminal Code. Among others is the issue of the concept of crime, respectively. its change from material-formal to formal conception. However, in today's Criminal Code, thanks to the principle of subsidiarity of criminal repression, we do not have a formal concept in its pure form, but rather a materialized formal concept. In Czech criminal law, we have two correctives - the principle of subsidiarity of criminal repression, as a substantive corrective and the principle of opportunity, as a corrective of procedural law. The need for two correctives is debatable and opinions differ widely. For this reason, I described them in my thesis and I allowed myself to present my opinion on this issue. In order to describe the topic of the diploma thesis as comprehensively and in mutual context, I divided the work into three...

The Imposition of Unconditional Imprisonment and Related Matters Abstract This rigorous thesis deals with selected aspects of the imposition of unconditional imprisonment. This punishment is universal, subsidiary and generally the most severe punishment that can currently be imposed in the Czech Republic. It is executed in two types of prisons: prisons with security and prisons with high security. In this rigorous thesis, attention is drawn to problematic issues related to the imposition of unconditional imprisonment encountered in practice, which arise from certain inherent imperfections in the legislation. Apart from the theoretical concept of imprisonment itself, the work examines the institutes of exceptional reduction and exceptional increase of imprisonment, as well as the decision-making process for executing unconditional imprisonment. As regards systematization, the goals and structure of this thesis are set out in more detail in the introduction. The thesis is divided into three main parts, which progressively examine imprisonment, how it is imposed and the decision-making process, including related problems. In the chapters and subchapters of the first part, the concept of imprisonment, its position among other criminal sanctions, its philosophical background, purpose and functions are addressed....

Appeals in criminal proceedings Abstract This diploma thesis deals with appeals in criminal proceedings. The aim was mainly to analyse the current legislation on appeals and the problematic areas of this institute from the perspective of experts in the field of criminal law, where the thesis offers their different views on fundamental issues related to appeals. These questions concern in particular the functioning of this institute in practice, its effectiveness, economy and efficiency, as well as the evaluation of the principles on which the appeal is based with de lege ferenda considerations. For better orientation of this criminal institute the thesis first maps the development of appeals in criminal proceedings during the second half of the 20th century and the 21st century, when three criminal codes and fundamental amendments gradually came into force, in which the regulation of appeals sometimes changed fundamentally to the current form. In order to get acquainted with the essence of the functioning of this institute of work, it also presents the basic principles and principles that are applied in appeal proceedings. The thesis also introduces the reader to the current legislation of the appeal, when it deals with its nature, characteristics and basic properties, discusses the subject, content and...

Agreement on guilt and punishment Abstract This rigorous thesis deals with the controversial institution of plea bargaining due to its topicality, as it has recently been amended. This institute was first introduced into the Czech legal system under Act No. 193/2012 Coll., which amended the Criminal Procedure Code. The institute was amended last year, for the first time since its existence, and the bulk of this thesis deals with the amendment itself. The thesis is divided into four chapters. The first chapter focuses on the historical development of the institution of the plea bargain. It Geuses not only on the Czech legislation, but gives also a brief introduction into foreign development, specifically from cocclusion of the supposed first agreement to the end of the 20th century. The foreign development is divided into the continental and Anglo-American legal system, where the emphasis is mainly on the historical development in the United States of America, where this institute is also the mudt established and used in more than 90% of cases, as one of the solutions to a court dispute. The second chapter focuses on the actual arguments for and against the introduction of the institution of plea bargaining. These arguments include mainly the opinions of experts and professionals from both and the Czech...

Defence by the defence counsel in the trial Abstract The thesis provides the reader with practical overview of the exercise of the rights and obligations of the defense counsel during the trial phase. The aim of the thesis is, in addition to a comprehensive definition of the rights and obligations of the defense counsel in relation to the trial phase of the criminal proceedings, to also set out controversial issues of interpretation of norms of the criminal procedure and deficits of the criminal procedure regulations and outline their possible solutions with regard to the right of defense. The thesis is systematically divided into two parts, the first of which deals with a brief and general description of concepts related to the scope of the thesis. These are, in particular, the right of a fair hearing, the institute of a defense counsel and the stages of the criminal proceedings with an emphasis on the concept of trial phase. The second part is designed taking into account the practical nature of the topic and provides a detailed analysis of the exercise of the rights and obligations of a defense counsel in the trial phase. Emphasis is placed primarily on the exercise of such rights and obligations by which the defense counsel has the opportunity to influcence the decision of the court in favor of the...

This diploma thesis is focused on the position and tasks of a judge in pre-trial criminal proceedings and aims to present the role of the judge in pre-trial proceedings on the basis of analysis of his role and specific actions carried out in accordance with the Criminal Procedure Code which he takes part in. Criminal proceedings in general is a topical issue when considering a planned recodification of the Criminal Procedure Code. Moreover, pre-trial criminal proceedings present a significant part of criminal proceedings because all the evidence obtained and gathered in this stage might have a huge impact on the course and decision of a trial. Even though the prosecutor is in charge of pre-trial criminal proceedings, the judge holds an important position in this stage since he decides on actions which interfere with human rights and fundamental freedoms. The diploma thesis is divided into four chapters which are complementary and logically follow each other. The first chapter deals with criminal proceedings in general; in particular, it contains a definition and tasks of criminal proceedings, parties and subjects and stages. Emphasis is placed on fundamental principles of criminal proceedings as they present the main building blocks and permeate the entire Criminal Procedure Code. The second...

This rigorous thesis deals with the topic of self-defence and exigency, which belong to circumstances precluding wrongfulness, and the exceeding of their limits. The consequence of the circumstances precluding wrongfulness is the fact that no criminal offence is committed and the criminal liability of the offender does not occur at all. Legal usage of these criminal law institutes needs to follow certain limits, which the Criminal Code provides for the individual circumstances precluding wrongfulness to prevent from any misuse of these circumstances. The criminal liability of the offender depends on compliance with these limits. The main aim of my thesis is to introduce the comprehensive legislation of self- defence and exigency, focusing on their limits and exceeding of these limits, to assess the positives and negatives accompanying current legislation, and to point out the specifics, imperfections and ambiguities of interpretation of current legislation, also in the light of the case law. The thesis is structured into the accompanying four parts. The opening part is concerned with circumstances precluding wrongfulness in broader context, I provide their basic definition, explain their main purpose, point out their importance in our criminal law, mention their procedural consequences and briefly...

Circumstances excluding Criminal Liability with a focus on the Impunity of the Agent Abstract The Thesis adresses Circumstances excluding Criminal Liability with a focus on the Impunity of the Agent. The aim of the Thesis was to evaluate current Legislation and to define the limits of Circumstances excluding Criminal Liability Excesses. The next objective was to determine the appropriateness of the Impunity of the Agent and its legislation. The Thesis firstly analyzed the historical legal developments of Circumstances excluding Criminal Liability in Czech countries in order to attain the above mentioned objectives. The historical development is followed by the discussion of the Circumstances excluding Criminal Liability, their general legislation and theoretical foundations, the reasons for adopting their legislation, also the errors of law and of fact. Next chapters are devoted to specific Cirmustances of excluding Criminal Liability, starting from the Necessity, Self - Defence, Consent, Permissible Risk and Lawful use of Firearms. The Circumstances excluding Criminal Liability were analyzed in their statutory legislation by using Academic Literature and mainly the case - law, which clarified some vague rules and limits of the Circumstances excluding Criminal Liability. The third part of the Thesis...

1 Criminological aspects of crimes committed by legal entities Abstract The subject of this work is problematic of criminological aspects of crimes committed by legal entities, and the individual definition of a legal entity as a criminal offender. The institute of criminal liability of legal entities is relatively young, provided that the research in this field began in the second half of the 20th century. In the nowadays the research of criminal liability of legal entities is still actual topic, namely because it is massive, often concealed, sophisticated and dangerous phenomenon. The importance of research of this criminal activity grows in line with globalization of world economy and the growing importance held by the legal entities in society. The outputs of the researched issue can thus enable an adequate response to the crimes of legal entities and help create effective prevention programs. This work is divided into four parts. The introductory first part explains the terms "criminology" and "crime" in general, introduces the terminological and methodological apparatus of crime investigation, explains the concept of legal entity - the perpetrator of the crime. The second part deals with the history of criminal liability of legal entities in the world and the change in the understanding of crime. It...

The thesis will begin with usury as a historical phenomenon and briefly explains its historical genesis from the antiquity to a modern age. Then shortly deals with usury as an institute of the civil law, wherefrom continuously moves on to its core, which is usury in norms of criminal law. Thesis includes a chapter that focuses on procedure law norms, which are associated with usury. Next, the thesis describes usury in two foreign criminal codes - German and Slovak and compares it with the Czech one. Thesis does not forget on usury as a social pathological phenomenon. At the end, the thesis summarizes knowledge about usury and comments on the potential considerations de lege ferenda.