National Repository of Grey Literature 119 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
The Right to Defense in Criminal Proceedings
Hejdová, Petra ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The Right to Defense in Criminal Proceedings - Abstract This rigorosum thesis deals with the issue of the right to defense in criminal proceedings. It aims to provide an overview of its effective legal regulation de lege lata and it also focuses on its problematic aspects. Contemporary interpretative issues are being analysed and also suggestions how to solve them are presented. The thesis is divided into three parts. Whereas the first part is dedicated to the subject of general legal regulation incorporated in the European Convention on Human Rights, the second part includes an analysis of this matter in the Czech legal order and the last part comprises of a thorough study of detailed legal regulation of the specific institute of mandatory defense in the Czech Republic. In the first part of the rigorosum thesis, the right to defense is initially put in the context of the right to a fair trial where its individual specific elements are examined with regard to the European Convention on Human Rights. Given the quite vague formulation of minimal rights set out in the European Convention on Human Rights that only in their complex state form the right to defense in its entirety, the thesis aims to solve unclear aspects of its interpretation as a whole. Grounds for these suggestions are based upon the case law...
Sanctioning of legal person
Hron, David ; Bohuslav, Lukáš (advisor) ; Tejnská, Katarína (referee)
1 Abstract This diploma thesis deals with the analysis of the issue of sanctioning of legal persons as well as with selected aspects of criminal liability of legal persons. The main reason why I chose this topic is my deep interest in analyzing the discussed issues together with the evaluation of the current state of the Act No. 418/2011 Coll., On Criminal Liability of Legal Persons and the Proceedings against them, and on the basis of this evaluation to submit proposals for improvement. At the beginning of this work, the reader will find a presentation of the basic structure, along with an outline of the main goals of the thesis, and then it will be divided into five basic chapters. The first chapter defines the basic concepts of criminal liability of legal persons related to their sanctioning. There is a theoretical definition of a legal person due to the absence of a definition of this term in czech criminal law. After defining the theoretical basis of criminal liability of legal persons, the development of this institute is outlined, together with the question of sanctioning the legal persons that are primarily involved in this work. The second chapter focuses on the development of criminal liability of legal persons. Due to the fact that origin of the criminal liability of legal persons is in the...
The Crime of Dangerous Threatening under s. 353 Criminal Code
Friedrich, Milan ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The crime of Dangerous threatening under s. 353 Criminal Code Abstract This thesis is focused on the crime of Dangerous threatening under s. 353 Criminal Code (Act no. 40/2009 Coll.) and firstly aims to analyze and interpret its elements in the light of the relevant case law. Further, this thesis aims to find corresponding crimes in the U.S. legal system, namely under the common law, the Model Penal Code and under the Florida Statutes, then this thesis aims to compare such American crimes with Dangerous threatening, to point out main differences between the jurisdictions, to evaluate Czech Dangerous threatening and finally to propose recommendations de lege ferenda. Firstly, this thesis analyzes the classification of Dangerous threatening within the Czech criminal law and focuses on the history and evolution of the crime of Dangerous threatening on the territory of the Czech Republic starting with the Austrian Criminal Code from 1852. Further, this thesis analyzes the crime of Dangerous threatening and interprets its elements in the light of the relevant case law, whereas a particular attention is paid to the actus reus, in particular to the interpretation of threatening to cause other serious harm and the ability of a threat to raise reasonable fear. Subsequently, this thesis focuses on the punishing the...
Criminal Liability of Legal Entities and Comliance Program
Bureš, Richard ; Bohuslav, Lukáš (advisor) ; Tejnská, Katarína (referee)
The author of this thesis discusses the subject of criminal liability of legal persons and focuses primarily on the analysis of the most important substantive provisions of the Act. No. 418/2011 coll., which describe criminal liability of legal entities and proceedings against them (hereinafter ZTOPO) and entered into force on 1st January 2012. This act is still well- discussed and current even after 6 years of being in force, which can be seen by the number of amendments done to it since it became effective. This thesis aims to offer a comprehensive overview of the issue of criminal liability of legal persons and at the same time tries to capture the most important changes that have been made due to these 9 amendments. The thesis is divided into five parts. In the first part, the author deals with the historical background of criminal liability of legal persons. This part also contains path to the adoption of ZTOPO. The second and the third parts are the core of this paper. In the second part, the author analyses the imputability and the structure of criminal liability of legal entities in the Czech Republic. One part of this section is dedicated to the scope of criminalization of legal entities. The third part of the thesis deals with the possibility of legal entity to be exculpated through the...
Cybercriminality in area of cryptocurrencies
Jucovič, Adam ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
(english) This thesis deals with cybercriminality in area of cryptocurrencies. The thesis first of all describes basic terms, sources of law and issues of jurisdictions in area. Furthermore it deals with delineation of selected crimes commited in connection with cryptocurrencies. Part of the thesis focuses on issues with anonymity and proving. Key words Cybercriminality, Cryptocurrencies, Computer Criminality
Development and other perspectives of drug offences
Lucký, Matyáš Teodor ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
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 interdependence of criminal and non- criminal norms it's...
Criminological Aspects of Drug-Related Crime
Morávek, Petr ; Zeman, Petr (advisor) ; Bohuslav, Lukáš (referee)
Criminological Aspects of Drug-Related Crime ABSTRACT The thesis deals with the topic of criminological aspects of drug-related crime. Considering the breadth of the issue, it focuses only on the so-called primary drug-related crime, i.e. criminal activity consisting of violation of laws and regulations on the handling of narcotic drugs and psychotropic substances. The aim of the thesis is particularly to describe the situation and development of the primary drug-related crime in the territory of the Czech Republic and to summarize possible development trends in the following years, as well as to map the development of national and international legislation and assess its possible effects on the drug problem. Finally, based on empirical research, the thesis aims to characterize drug-related crime committed on the territory of the capital city of Prague for which the perpetrators were finally convicted in 2017. The first chapter of the thesis defines the terms relevant to the topic, especially with respect to applicable legislation. The second chapter outlines the development of the issues of drug abuse and distribution in the territory of the Czech Republic and the corresponding evolution of legislation, while the third chapter is dedicated to the current, particularly criminal legislation on the handling...
The Role of the Public Prosecutor in the Court Proceedings
Řehák, Pavel ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The Role of the Public Prosecutor in the Court Proceedings Abstract The purpose of this thesis is to comprehensively analyze issue of the public prosecutor and its role, especially in the court proceedings. The reason for my research is my personal interest regarding criminal law and problematics of the public prosecutors in general, as well as, in my opinion, the great importance of such topic, especially in the context of a long-term expert discussion on the considered conceptual changes of the relevant Czech legislation - the Criminal Procedure and the Public Prosecution Act. The thesis is composed of four major chapters, each of them dealing with different aspects of role of the public prosecutors. Chapter One is introductory and defines basic terminology used in the thesis and further the historical development and transformation of bodies of public action in two different legal systems - common law and civil law. Chapter Two provides an outline of Czech, French, English and Welsh, U.S. and international bodies of the public action, their placement in the system of national legal systems, organization and scope of activities. Also describes the issues regarding proposals to the new Czech Public Prosecution Act. Chapter Three examines relevant Czech legislation regarding public prosecutor and its role...
Criminological aspects of drug criminality
Pášová, Helena ; Zeman, Petr (advisor) ; Bohuslav, Lukáš (referee)
Criminological aspects of drug criminality Drug criminality is a big problem of current time and it concerns all of us regardless of sex, age or social status. The topic of drug criminality is very wide though. This diploma thesis focuses in more detail on the current and very dangerous phenomenon of drugs in transport. The main target of the thesis is to provide a comprehensive summary about the psychoactive drugs which are used by the drivers most frequently, to analyse in detail their properties and effects and to describe, which influence the particular types of psychoactive drugs have on the physical and mental state of driver and which changes in his behaviour these drugs cause. The thesis is divided into introduction, four main chapters and conclusion. The first chapter is focused on the explanation of some basic terms which are used in the thesis. The second chapter summarizes the historical development in using of psychoactive drugs in the world and in the area of our country. The Czech state experienced in the past a few fundamental turns, after that the situation in the society changed. With regard to these periods the passage about the history of using of psychoactive drugs in the area of our country is divided into three parts. In the third chapter are analysed in detail the particular...
Diversions in criminal proceedings as one of the tools of restorative justice
Žáček, Jan ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Subject of this rigorous thesis are diversions in the criminal proceedings, stemming from principles of restorative justice, i.e. diversions in a so-called narrow sense of word, which are connected with a certain educational affect on a defendant. Except for the Preamble and Closure, the thesis is structured into four basic parts and description of individual diversions is preceded by a historical excursus describing a crime and sentence, as well as the development of law and justice, eventually proposals of de lege ferenda formulated on the basis of results of the realized research follow. The first part is focused on description of a crime in the human society from the very beginning of its existence when a certain system of defensive mechanisms (sanctions) designed to defend the society against the acting endangering its functioning and commonality started to be created. This part deals with absolute and relative theories of a sentence, i.e. its retributive and regulative function, a concept of a crime in relation to juristic and sociological understanding of criminality. This chapter further analyses the concept of right and justice and outlines the vainness of searching for absolute justice, based on which any acting could be assessed as just or unjust, and a scientific view of the...

National Repository of Grey Literature : 119 records found   1 - 10nextend  jump to record:
Interested in being notified about new results for this query?
Subscribe to the RSS feed.