National Repository of Grey Literature 130 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
The Position of Public Prosecutor in Preliminary Proceedings
Korbelová, Jana ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The presented work brings a comprehensive view of the state prosecutor's position during the pre-trial proceedings. It uses the knowledge of professional literature and legal regulations, which were extended to those activities that are carried out by the state prosecutor in standard criminal cases, with reference to the practical use of individual institutes, to the authorisation of the state prosecutor and to selective aspects, problematic in nature that results in legal adjustment. The rigorous work is complemented by considerations on selected practical problems arising from the activities of the public prosecutor and consequently on considerations on prepared or considered modifications of legal regulations affecting the activities of the public prosecutor. Part of these considerations is also pointing out the possibility of using process modelling within the public prosecutor's office. The work is divided into nine chapters, which form four logical parts. The first part deals with the historical development of the Public Prosecutor's Office until the adoption of the current Act on the Public Prosecutor's Office, whereas, after 1948, attention has been more focused on the position of prosecutor. The second part contains a general definition of the public prosecutor's office and the...
Contentious issues of necessary defence in judicial practise
Vajc, Vojtěch ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Contentious issues of necessary defence in judicial practise Abstract The subject of this thesis is necessary defence, or more precisely some of its contentious issues that have been dealt with by Czech courts within the framework of their judicial practise. The fundamental focus of the thesis lies with the judicial decisions providing solutions to these issues, emphasis, on the other hand, is not placed on doctrinal concept of the legal institute. The thesis subjects some of the judicial decisions to evaluation and comparison with other judgments. As for the structure, the thesis is divided into a total of seven chapters with regard to the elements of necessary defence that are primarily related to the issues dealt with by the judicial practice in each particular case. The first chapter presents a brief general outline of the topic, as it pursues, above all, the function of the legal institute of necessary defence, the way how it is established within the Czech law and the character of the relevant provision of the penal code. Chapter two deals with integral prerequisites or structural elements of necessary defence, specifically attacker and defender subjects, as well as attack itself. It ponders about whether someone who is not primarily targeted by an attack can be deemed a defender. The same question is...
Unconditional imprisonment
Tomíčková, Kristína ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The aim of this thesis is to describe the execution of unconditional imprisonment in the Czech republic and to analyze the actual problems of the Czech penitentiary system. It also tries to propose convenient solutions of the main problems. The extend of this thesis is reduced to the execution of penalty, therefor other forms of detention are excluded. The unconditional imprisonment is the strictest penalty in Czech legal system and it has a major impact on the convicted human beings. That is why I tried do describe how the actual penitentiary system works and what are its weak points. This thesis also tries to compare the ideas of global modern reforms, like humanization and therapeutical concept of punishment, to the real situation of Czech imprisonment. This thesis consists of eight chapters, each of them deals with various aspects of this form of punishment. The first chapter is devoted to theoretical issues of the concept and purpose of the punishment. This part is necessary and desirable for later interpretation of imprisonment problematic. The second chapter describes the legal fundaments of unconditional imprisonment according to international law and its impact on practice. The third chapter describes the legal fundaments of unconditional imprisonment according to Czech national law. It...
Compliance programs and their usage to protect legal entities against corruption
Doleček, Michal ; Bohuslav, Lukáš (advisor) ; Gřivna, Tomáš (referee)
Compliance programs and their usage to protect legal entities against corruption English Abstract The main aim of the thesis is to describe the phenomenon of compliance programs and its meaning for corporate entities, since nowadays in the Czech Republic, the criminal compliance takes more dominant part in the corporate culture. Described theme is actual mainly after the legislation changes of the criminal liability act and criminal prosecution against it act n. 418/2011 Sb. made by amendment n. 183/2016 Sb. The new version of the act includes § 8 art. 5, which means, that corporate entity can exculpate its liable criminal behaviour, if it exercises the maximum effort which may be demanded from it to prevent such criminal action. Thesis aims to describe this theme, compare the legal solutions in international scale and suggest possible legal changes for problematic parts of the act de lege ferenda. The first chapter describes corruption and its structure in general and from the perspective of the czech legal system. Corruption and the fight against it is described also from the international point of view. The second chapter adds the description of corrupt criminal offences and states some of consequential definitions needed for work with the term. The third chapter contains the description of corporate...
Moral crime and prevention
Urban, Bernard ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Thesis title: Moral crime and prevention The thesis deals with the issue of moral crime and prevention. It focuses on the existing regulation of these crimes contained in Act No 40/2009 Coll., the Criminal Code, as amended. Furthermore, in this work the current regulation is compared with the previous one, namely the Criminal Code No 140/1961 Coll. The main aim of the thesis is to provide a basic and comprehensive insight into the field of moral crimes, focusing on the characteristics of the changes in the last ten years. Another aim is to outline the stereotypes and myths that have been and are tied to the crime of rape and their analysis. The thesis deals with morality and crime in general in the first chapters. It also focuses on moral crime and its possible causes. This general basis is necessary to understand the rest of the work. The thesis mentions national and foreign sources dealing with moral crime. The most important provisions are highlighted for some international documents, and the work also contains an analysis of the Istanbul Convention which is to be ratified by the Czech Government in the near future. The most extensive part of the thesis deals with both criminological aspects of moral crime and detailed regulation of individual facts of the case of moral offenses. In comparing...
Settlement in criminal proceedings
Neužil, Zdeněk ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
This diploma thesis addresses issues of the institute of settlement in. The institute of settlement is one of the diversions in criminal proceedings. Diversions (divergences) in criminal proceedings are construed as special types of criminal proceedings, alternative to standard hearing of a case in main trial, within which the criminal case can be settled. The institute of settlement was incorporated into the Czech Criminal Procedure Code by the amendment n. 152/1995 Sb., that became effective on 1st September 1995. The essence of the institute of settlement is a conclusion of an agreement between the accused person and the damaged person. Such agreement is then approved and the criminal prosecution against the accused person is therefore terminated. It is thus achieved the settlement and elimination of the confrontation which was caused as a result of the committed crime between the accused person and the damaged person concerned. Title: Settlement in criminal proceedings Key words: Settlement; settlement of the confrontation between the accused person and the damaged person; approval of the settlement; diversion in criminal proceedings; Code of criminal procedure; restorative justice
Selected issues of criminal liability of legal entities
Slobodník, Martin ; Jelínek, Jiří (advisor) ; Bohuslav, Lukáš (referee) ; Fryšták, Marek (referee)
Název disertační práce v anglickém jazyce, abstrakt v anglickém jazyce a 3 klíčová slova v anglickém jazyce Název disertační práce v anglickém jazyce: Selected issues of criminal liability of legal entities Abstrakt v anglickém jazyce: The author of the propounded thesis is dealing with a controversial issue of criminal sanctioning of legal entities in selected countries of the European Union. With the presented topic of criminal liability of legal entities is not only engaged the specialized public in the Czech Republic, but it is also a controversial theme among other European states. The topic remains current, as is witnessed not only by the frequent expert conferences, but also by the legislative activity in the Czech Republic, neighbouring countries and other parts of Europe. It is clear that individual legislators are still seeking the optimal embedding of effective sanctions against legal entities, including related penal institutes. The second chapter of this thesis is devoted to valid and effective international and transnational documents, which are closer examined. Due to the fact that each of the sources contains just general requirements, a number of states are positively assessed when implementing the transnational and international commitments, because these states, except few of them,...
Criminal and criminological aspects of ransomware spreading
Zavadil, Stanislav ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Criminal and criminological aspects of ransomware spreading Abstract This diploma thesis deals with issues of ransomware spreading and examines certain criminal and criminological aspects of this cybercrime phenomenon. Ransomware is malware that encrypts, blocks or prevents access to the computer system or data in a computer system. In connection to this, it demands monetary or other ransom. This diploma thesis firstly describes ransomware from the point of view of its function and technical aspects, including its history, categorization of its variations and description of several notable infection examples, namely WannaCry, Petya, DoubleLocker and Vir Policie. Following section describes possible criminal qualifications according to Czech substantive criminal law, including the consideration of specifics of different ransomware variations and potential development of this criminal aktivity. The final part focuses on criminological aspects of ransomware spreading. It beggins with a description of the crime status and dynamics, including further details about latency and trends. Then follows the description of perpetrator and victim in view of certain criminological theories. Finally, criminological part comprises a chapter about crime control and prevention, which includes practical parts that aim to help...
Substantiation of Electronic Evidence
Klein, Jakub ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Substantiation of Electronic Evidence Abstract This thesis addresses the procedural questions of securing and presenting electronic evidence in criminal proceedings. The use of modern devices and the subsequent creation of electronic evidence is very common, making it necessary for legislation as well as investigative, prosecuting and adjudicating bodies to set out an adequate framework for securing and producing such evidence. The thesis seeks to determine the limits of this framework with regard to the rights to a fair trial, privacy and secrecy of correspondence, as well as the principle of public authority interference minimization, keeping in mind that electronic evidence must be secured and produced in accordance with the Criminal Procedure Code, the Constitution and enforceable international treaties, respecting the rights of individuals but also allowing criminal proceedings to reach their ultimate goal. The thesis first concentrates on traditional instruments of securing evidence, e.g. search warrants, seizure of an item, operative-search means or various types of wiretapping. These general findings are then applied to commonly used information technologies, such as emails, documents stored on websites or social media platforms, as well as communication conducted via mobile applications. In its...
Nemo tenetur se ipsum accusare principle
Čupková, Kateřina ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Nemo tenetur se ipsum accusare principle Abstract The thesis deals with the nemo tenetur se ipsum accusare principle, which represents one of the fundamental procedural rights in criminal proceedings. The European Court of Human Rights considers it an inseparable part of the right to a just trial. Especially considering the problems arising in connection to interpretation and application of he said principle, the thesis tries to _ the most problematic areas of the principle's application and the different opinions as to what it entails. The first chapter contains the history of the principle's application, both on the European continent in civil law and in common law in both the United Kingdom and the United States. The second chapter summarizes the evolution of rulings of the European Court for Human Rights. Attention is paid to the relation between the nemo tenetur principle and the right to a fair trial contained in the Article 6 of the European Convention on Human Rights and also to the relation o other right contained in the same treaty, especially focusing on freedom from torture in order to obtain an evidence of a criminal act. The third chapter summarizes the Czech legislation on the topic, both on Constitutional level - especially focusing on those articles of the Charter of Fundamental Rights and...

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