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Participation
Lindnerová, Adéla ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Participation Abstract The aim of this diploma thesis is especially to identify the advantages and disadvantages of individual approaches to regulation of participation, to set out the main attributes of participation in the Czech criminal law, including its main deficiencies, and to present possible inspiring solutions for their elimination by presenting a different model of regulation abroad. Participation as one of the forms of criminal collaboration is approached slightly differently by each legislation. However, the legislations usually agree that the participant's actions must be punished in a certain way. Although the participant does not partake in the fulfillment of the constituent elements of the crime by its own actions, its influence on the crime itself may be significant. The reason for choosing this topic is mainly the still unresolved situation regarding the institute of participation in the Czech Criminal Code and a large amount of criticism of the current regulation. Although the Criminal Code was newly adopted in 2009 and the possibility of correcting the deficiencies of the participation was obvious, professional discussions did not take place, and in the end a regulation that to a certain extent copied the previous criticized one, was adopted. In addition to the introduction and...
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Criminal Proceedings against Legal Entities
Košňar, Václav ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Criminal proceedings against legal entities Abstract Regarding the character of a legal entity as a fiction, criminal proceedings against legal entities differ in many ways in comparison with standard criminal proceedings against a natural person. The aim of this work is to analyze certain specific institutes, whose interpretation and application is problematic with respect to the interweaving of the procedural regulation contained in Act No. 418/2011 Coll. on penal liability of legal entities and proceedings against them, with the classic regulation contained in the Criminal Procedure Act. This thesis is divided into two main parts. The theoretical one, which serves as the introduction of the whole work, briefly discusses traditional topics related to the substance of penal liability of legal entities, i.e. reasons for its adoption, its concept, its sources and legislation, including their ongoing changes. The merit of the work is, however, its special part, which in six chapters deals with specific institutes and issues of criminal proceedings against legal entities. Gradually, in the special part of this thesis, the issue of the representation of a legal entity in proceedings is analyzed and individual subject that can perform acts on behalf of a legal entity in criminal proceedings are discussed....
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Criminal Liability of Legal Entities in Health Care
Kováčiková, Veronika ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Criminal Liability of Legal Entities in Health Care Abstract The submitted diploma thesis deals with the institute of criminal liability of legal entities in health care. The main objective of this thesis is to define all the requirements and essential elements of criminal responsibility of legal persons, especially healthcare providers. We also look into the most critical aspects of providing healthcare services in which a criminal offense may be committed. Concepts of criminal law are considered in the context of medical law. Thesis is divided into five main chapters. The first chapter focuses on conditions of criminal liability taking into account the specifics of the topic. Attention will also be paid to attributability of a crime to a legal person as well as to legal regulation in United Kingdom and France. In the second chapter we describe the most common circumstances excluding illegality in medicine. We particularly focus on medical intervention, research and experiment. These are not only accepted but also beneficial. The third chapter deals with the main concepts of medical law. If healthcare providers comply with related legal provisions, they significantly reduce the risk of committing an act against the law. Special emphasis is placed on lege artis procedure as an objective measurement of...
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Criminological aspects of criminality of foreigners
Špůrková, Adéla ; Říha, Jiří (advisor) ; Hořák, Jaromír (referee)
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...
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Crime of Murder and Manslaughter under Section 140 and 141 of The Criminal Code
Klíč, Jakub ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
- Crime of Murder and Manslaughter under Section 140 and 141 of The Criminal Code This master thesis aims to analyse the crimes of murder and manslaughter which are regulated under section 140 and 141 of the Czech Criminal Code. The thesis consists of six parts, which are further subdivided into chapters. The main topics of the particular parts are these: historical development, human life, euthanasia, murder, manslaughter, and comparison with Slovakia. The thesis is intended to provide the reader with a comprehensive and, simultaneously, a clear overview of the issue of intentional killings and the circumstances associated with them. An analysis of historical legislation is given in part one. It examines more closely the period of the Middle Ages and the Enlightenment, as well as the reform codifications of the 19th century. Subsequently, attention is focused on Czechoslovakia, analyzing the adjustment effective in the times of its establishment as well as during the totalitarian regime. The conclusion of the historical excursion is the present situation. The second part deals with human life, the protected object from these offences. Chapter one describes its inception, from the medical point of view (such as the fusion of male and female reproductive cells and the formation of the zygote), and...
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The consequences of breaching the rules on evidence for the effectiveness of the evidence
Šverma, Patrik ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
1 The consequences of breaching the rules on evidence for the effectiveness of the evidence Abstract This diploma thesis deals with the issue of ineffectiveness of evidence in connection with the violation of rules on evidence. One of the two main goals of this work was to acquaint the reader with the issue, especially with the help of analysis of current legislation, the views of leading experts in criminal science and also a rich case law of the courts. The second main goal was to propose a de lege ferenda solution that could contribute to solving the most pressing problems of the current legislation. The diploma thesis is divided into six parts, including the introduction and conclusion. The first chapter provides the reader with a theoretical basis for easier understanding of this issue. It explains the basic terminology occurring in the field of evidence and the basic sources of law that will accompany the reader throughout the thesis are introduced. There is also a detailed explanation of the basic principles of criminal proceedings concerning the evidence as whole. In addition, at the end of this chapter, the stages of criminal proceedings are mentioned with a brief description of their specifics with a regard to the evidence in these specific sections. The second chapter is devoted to the concepts...
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Internet and computer criminality
Hefka, Rostislav ; Říha, Jiří (referee) ; Hořák, Jaromír (referee)
Internet and computer criminality Summary This thesis, as its name indicates, deals with the problems of our times associated with computers and the Internet, which make it possible to commit all sorts of crimes. Computers are part of our daily life and the sphere of information and communication technologies are constantly and rapidly developing, which gives space to potential perpetrators to find new approaches. The thesis is composed of eight chapters. The opening chapter of this thesis describes the basic concepts related to computer and Internet criminality. It includes the definitions of computer criminality, cybercrime, cyberspace, as well as basic technical concepts such as computer, hardware or software. Approximation of this terminology is essential to understanding the issue. Next chapter is devoted to some illegal activities in cyberspace, which are then legally assessed. The third chapter forms the most important part of the whole thesis because it describes in details the issue of copyright violations in connection with computers. At first it generally talks about intangible goods, and after that it acquaints to readers with piracy of audio and audiovisual works and later with software piracy. It shows the most important judgments that are connected to the discussed topic and were judged at...
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Crime of murder and manslaughter under section 140, 141 of the Criminal Code
Venc, Jan ; Hořák, Jaromír (referee)
Crime of murder and manslaughter under section 140, 141 of the Criminal Code Abstract This thesis is focused on crimes of murder and manslaughter under Act No. 40/2009 Coll., Criminal Code. The aim of the thesis is to deliver a complex analysis of crimes of murder and manslaughter under section 140, 141 of the Criminal Code and evaluate them de lege ferenda. The thesis is divided into five chapters. The first chapter is dedicated to the historical development of intentional killings regulation in the premises of today's Czech Republic. In particular, the attention is brought to the Austrian Penal Act from 1852 all the way up to the adaptation of the present Criminal Code of the Czech Republic. The second chapter is focused on actus reus of the crime of murder and manslaughter. Both of these crimes are of special significant object - the human life. This chapter's focus is also dedicated to the beginning and the end of human life from the perspective of criminal law. The third chapter focuses on the analysis of the crime of murder and its systematization under the present Criminal Code. Within this chapter, the simple murder and premeditative murder are outlined from which is murder with forethought and murder after prior consideration further defined. The significant part of this chapter is the description...
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Criminological Aspects of Drug-Related Crime
Spišák, Anton ; Hořák, Jaromír (referee)
Criminological aspects of drug-related crime Abstract This master`s thesis deals with a number of criminological aspects and issues related to drug-related criminality, in particular with legislation that takes into account the specific impact of selected drugs. In this context the thesis analyzes the drugs` impact on secondary drug-related crime, the death rate and health of their users and additional negative social and economic consequences related to such drugs. Following the evaluation of these harmful effects the thesis proposes potential changes to policy on such drugs and compares it to policies of foreign countries on individual drugs. These changes consist of various proposals including the decriminalization or legalization of certain means of handling of individual drugs. The thesis also examines national legislation currently in force related to selected individual drugs. Its conclusions are reached through a variety of researches and statistical data. The thesis consists of eight chapters which are preceded by a brief introduction to the selected topic. The first chapter lays out basic terminology used in this thesis. The second chapter deals with historical cases of drug policies such as the Chinese policy on opium in 19th and 20th century or the prohibition in the United States between 1920...
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Evasion of taxes, fees and other mandatory payments
Töglová, Markéta ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
This thesis describes the most commonly committed tax criminal offense i.e., the evasion of taxes, fees, and other mandatory payments pursuant to Section 240 of the Criminal Code. The goal of the thesis is to examine the problematic aspects of this criminal offense and to call attention to the discrepancies in proceedings and judgements, with special attention to substantive and procedural aspect, relevant case law of the domestic courts, and the opinion of professional public. The body of the thesis is divided into five chapters. The first two chapters introduce the substantive basis of the topic, provide a brief overview of the history of tax crimes and, last but not least, underline the importance and relevance of the whole topic using publicly available statistical data. The third chapter is focused on the mutual connection between the criminal offense pursuant to Section 240 of the Criminal Code and two selected criminal offenses. The first being the non-payment of taxes, social security contributions and similar mandatory payments pursuant to Section 241 of the Criminal Code, with a focus on the role of effective regret. Among other things, this outlines the issue following the unprecedented judgment of the Constitutional Court of the Czech Republic concerning the voluntary action of the...
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