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The criminal liability and sanctioning of legal person
Hanušová, Zuzana ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
This thesis mainly deals with the analysis of the substantive aspects of criminal liability and sanctioning of legal entities within the meaning of the Act No. 418/2011 Coll., on criminal liability of legal persons and proceedings against them (hereinafter "ZTOPO"), entered into force on January 1, 2012 in the Czech Republic. The law governing the criminal liability of legal persons is effective for almost five years, yet this topic is still very controversial and debated. The aim of this study is to provide a comprehensive brief overview the issue of criminal liability and sanctioning of legal persons in the Czech Republic. The third chapter, which deals with the substantive provisions of ZTOPO regarding the criminal liability of legal persons, is the main content of this work and then also the fourth chapter, which is devoted to the question of delimitation of sanctions, that can be imposed to condemned legal person. This work deals with legal regulation of legal entities, comparisons of the criminal liability legislation of legal entities in France, the Slovak Republic and in Germany, the development of criminal liability of legal persons in the Czech Republic and in particular analysis of selected substantive provisions of ZTOPO. It is also pointed out some of the major shortcomings of the...
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Diversions in criminal proceeding directed to Plea bargain
Krunková, Zuzana ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
in english This thesis deals with the application of diversions in the Czech criminal procedure. This means an alternative way of dealing with criminal cases, which in compliance with statutory conditions makes it possible to resolve the matter differently than the judgment of conviction. The beginning of the thesis is devoted to the diversions in general. Furthermore the thesis focuses on individual diversions separately, each of which is discussed in a separate chapter. These include: the Conditional suspension of criminal prosecution, the Settlement, the Conditional delaying of submitting a proposal for punishment, the Withdrawal from the prosecution of a juvenile, the Criminal command and the Plea bargain. Each chapter contains a theoretical analysis, practical examples, statistics, application problems and proposals de lege ferenda. The institute of Plea bargain is analysed most detailed, as the last of diversions, which was incorporated to Criminal Procedure Code of the Czech Republic in 2012. In this chapter it can be found also the part, which deals with the comparison of Czech and foreign adaptations.
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Cimcurstances precluding wrong fulness focused on a legal gun use
Prázdný, Tomáš ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The Thesis deals with all the circumstances precluding wrong fulness, their history, mutual relation, basic issues of individual circumstances and focuses in its second part mainly to the legitimate use of a weapon, a relationship of fair use weapons and self-defense and extreme emergency procedure for obtaining a gun license at the civilian population and procedures for the use of the weapons of the armed forces of the Czech Republic etc. At the end of the treatment compared with the authorized use of a weapon by adjusting the UK and USA.
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Excessive necessity and self-defense and their legal implications
Kapras, Jiří ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
This thesis deals with the concept and legal implications of excessive self-defense (private defense) and necessity (distress). The two terms designate two circumstances precluding wrongfulness that the Czech Criminal Code recognizes. They have been intended to allow every person to defend himself and thus protect his rights against an attack or other forms of danger in case the state authority cannot provide for such protection. If the self- protection is executed within some acceptable boundaries that are provided by the Criminal Code, such behavior can be considered beneficial for the society and therefore nobody should be in any way punished for it. Criminal liability is only established when the given boundaries are crossed and even then there is a certain favored approach towards the perpetrator required. The intention of this thesis is to address the connotations and importance of the given juridical institutes and to evaluate whether they function effectively or not, with eventual suggestions as to how to improve the result. After a short introduction the first part of the thesis deals with the concept of wrongfulness as one of the elements of a crime, and circumstances precluding the wrongfulness in general. In the end of the chapter there is a brief reflection on the advisable law...
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Criminal liability in provision of health care - selected issues
Vychyta, Jan ; Vokoun, Rudolf (advisor) ; Herczeg, Jiří (referee)
The subject of this rigorous thesis is an analysis of a mutual relationship between criminal law and medicine with a focus on an application of criminal responsibility of physicians and other medical staff in a current Czech legal system. The aim of the thesis is to introduce various issues of criminalization of health care professionals from broader perspective, first and foremost in connection with harm caused to patients due to medical malpractice, as well as to outline the possibilities of its future development and to present solutions to specific legal problems. The thesis consists of three chapters further divided into two levels of sub-chapters, along with a brief introduction and a conclusion. After a short excursion related to historical views and development of legal incursions into the field of medicine (chapter 2) follow two main chapters that are to be considered a core of the thesis and which resemble to a certain extent typical structuring of traditional European penal codes. The third chapter labeled "Criminal liability in provision of health care - general part" deals with foundations of criminal liability and its application in the healthcare context, presents various legal approaches to medical care and describes certain legal institutes that are usually not considered to be a...
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Cybercrime: Selected issues of prosecution in international environment
Rademacherová, Kristina ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The thesis deals with an issue of cybercrime prosecution in international environment. The text focuses on particular problems met by law enforcement agencies when prosecuting cybercrime. Within the prosecution, the emphasis is put on the aspects of detection and investigation of cybercrime. Within the thesis, cybercrime is understood as a part of computer crime. Computer crime is approached rather as global crime due to typical characteristics of information and communication technologies. Therefore, the international cooperation of law enforcement agencies is considered crucial. First chapter introduces the issue of computer crime, including adopted terminology. It discusses the transformation of computer crime and cybercrime following its historical development and broad forms of modus operandi. Criminological findings about perpetrators and victims of computer crime are discussed likewise. Second chapter deals with criminal law jurisdiction and enforcement within cyberspace. The accent is put on local applicability of criminal law and related jurisdictional conflicts with possible remedies. Third chapter concentrates on the interconnection of computer crime and organized crime, as well as computer crime and terrorism. Why and how are the perpetrators of organized crime and terrorism abusing...
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Manipulation with the course or with the result of sports competitions and its criminal law assessment
Woska, Jan ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Manipulation with the course or with the result of sports competitions and its criminal law assessment Presented thesis is concerned with the issue of manipulation of sports competitions. It's pivotal task is to evaluate whether current criminal law legislation provides effective provisions for the prosecution of those who manipulate with the course or with the final outcome of sports events. Although this negative phenomenon is not utterly new, in fact some of its forms are almost as old as the sport itself, in recent years the severity of this threat has grown rapidly. Modern era has opened up a wide range of brand new possibilities for fixers while sports associations and states were simply unprepared for such peril. Especially betting-motivated manipulation of sports competitions, thanks to its global nature and involvement of betting criminal organizations poses a serious challenge for law enforcement agencies. Furthermore, throughout the thesis the author puts forward an examples demonstrating the permanent presence of another elemental form of manipulation in sports environment - the one which is motivated by achieving of sports results. Although forms of manipulation in sport may differ, what they have in common is that usually all of them represents the threat not only to the integrity of...
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Contentious issues of self-defence in Czech case law
Hynková, Helena ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
Contentious issues of self-defence in Czech case law This thesis is focused on legal institute self-defence (in Czech law is used term necessity defence) in Czech case law. It deals with theoretical problems and contemporary legislation as well, but the most important part is (according to the name of this thesis) focused on judicial practice. The purpose of this thesis is to present some controversial issues of self-defence and analyze judical practice that deals with those issues. Nevertheless, at the end one issue that the Czech courts have not ruled on yet is also mentioned. This thesis is composed of five chapters. The first one presents the purpose of this thesis and introduces the necessity of judicial practice for controversial issues of self-defence. The second chapter introduces self-defence as a fundamental element of any democratic state. Subchapter 2.2 deals with some main principles of Czech criminal law and presents how they demonstrate themselves in self- defence. The next subchapter 2.3 focuses on benefits that self-defence brings to contemporary democratic society. The third chapter concerns with the current wording of self-defence in Criminal Code. The most important terminology is introduced. Subchapter 3.4 deals with mistake in circumstances excluding criminal lability, 3.5...
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Current issues of the right of defense
Humplik, Jan ; Vokoun, Rudolf (advisor) ; Tlapák Navrátilová, Jana (referee)
The thesis deals with the right of an accused to counsel as a whole. Further it is aimed at the topical matters of the criminal trial and some contentious moments of the realisation of the rights of an accused. The thesis issues from the European guarantee of the right to counsel and subsequently from the constitutionally guaranteed rights of an accused which result from the Charter of Rights and Freedoms. Then the thesis deals with the individual partial rights to counsel, while it is systematically structured to the physical defence, i.e. the right of an accused to serve as one's own counsel, and to the formal defence, i.e. the right to choose counsels and to consult them. The thesis also includes the survey of judicial decisions, especially concerning contentious issues of the interpretation of particular rules. The thesis does not omit the discretion de lege ferenda to current legal regulation as well.
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The meaning of the case law for the application of necessity and necessary defence
Drnková, Lucie ; Vokoun, Rudolf (advisor) ; Tlapák Navrátilová, Jana (referee)
The meaning of the case law for the application of necessity and necessary defence The thesis itself is focused on the points at issue of the meaning of the case law for the application of necessity and necessary defence mainly in the field of Czech criminal law, although some partial issues are also compared to the foreign legislation. In compliance with the title of the work author's attention is dedicated in the first place to the conditions and limits of both those institutes and their reflection in the judicature (considering the development of those tasks, that are currently believed to be disputable), futhther, the law theory is described. The thesis is composed of eight chapters, from which the first forms as an introduction, where the goals and approaches are indicated. The last, eight section summarizes the outcomes and conclusions of the thesis and also serves as a recommendation of some useful legislative changes that can be done in the future. The Second Chapter talks about the role of the case law and its meaning in the field of criminal law, characterizing the impact of judicature for the legal practice in the first place. Also the terminology used throughout the whole work is laid down, while claryfiing the basic terms applied lately. The following Chapter Three serves as an...
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