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Criminal Liability of Legal Entities
Šťastný, Petr ; Musil, Jan (advisor) ; Bohuslav, Lukáš (referee) ; Kuchta, Josef (referee)
CRIMINAL LIABILITY OF LEGAL ENTITIES Abstract Although it has been more than seven years since the adoption of Act No. 418/2011 Coll., on the criminal liability of legal entities and proceedings against them, by criminal liability of legal entities which the Czech legislators introduced, it remains a controversial issue. Thus the aim of this thesis is not only to analyse this legislation and provide a comprehensive and clear interpretation, including a critical evaluation of selected institutes, but also to introduce the process leading to its adoption, including a comparison of the arguments in favour of adopting such a decision with the arguments presented by the opponents of the criminal liability of legal entities. An equally important aim of the thesis is an analytical evaluation of application knowledge and the presentation of potential de lege ferenda proposals. However, such considerations require a sufficient command of terminology, as well as of the basic principles of criminal law, which is the content of Chapter One of the thesis. Chapter Two is dedicated to the fundamental change in the concept of legal entities brought about by the new Civil Code, which leans towards the theory of fiction, thereby causing considerable tension. On a global scale, the institute of the liability of legal entities...
Czech and Polish legal regulation of criminal liability for drug offenses
Rosůlek, Adéla ; Jelínek, Jiří (advisor) ; Kuchta, Josef (referee) ; Bohuslav, Lukáš (referee)
The dissertation thesis about Czech and Polish legislation on drug offenses deals with driving under the influence of addictive substances, responsibility for acts committed under the influence of addictive substances, drug possession, cannabis cultivation, production and distribution of drugs, handling of articles for drug production and spreading drug addiction. The aim of this work is to bring a critical view of the current Czech legislation on drug offenses and related issues and then to present specific legislative proposals based on comparison with Polish law. The thesis analyzes the Polish and Czech legal regulations of drug offenses and brings a comparison of the facts of the aforementioned crimes and specific case studies. The work is based on legal regulations and case law of both countries, practical knowledge and also available statistical data. The thesis deals with the legalization of drugs comprehensively, including the arguments for and against legalization, wich are used in the Czech Republic and Poland. It addresses the legalization of cannabis on the example of Holland, the USA and Uruguay, as well as the availability of hard drugs in substitution programs in the Czech Republic and Poland. In conclusion the thesis gets to the explanation how the Czech legislator should proceed...
The Victim in the context of Restorative justice
Dleštíková, Tereza ; Jelínek, Jiří (advisor) ; Bohuslav, Lukáš (referee) ; Kalvodová, Věra (referee)
The purpose of the thesis is to confirm or disprove the hypothesis whether alternative methods of crime resolution and restorative programs bring advantages and benefits to the victims of crime. For that reason I perceive the victims of crime from the Restorative justice's point of view trying to identify their interests, needs and expectations arising from the criminal event and trying to get to know whether the criminal procedure, as well as its alternatives, is able to fulfill them. Therefore the thesis is composed of four chapters, each of them dealing with different aspects of the victim from the restorative perspective. The first chapter of the thesis is dedicated to the theoretical analysis of the concept of Restorative justice. It deals with the principles of restorative and retributive paradigms and their relation, it briefly discusses the theory of conflict and describes the restorative process, its principles and the stakeholders - the victim, the offender, their communities of care or their social circles and, last but not least, the facilitator. The stakeholders are a crucial part of the process, as the Restorative justice considers the crime as a social event with negative impact not only on the victim and the offender but also on the society and a social peace, so for that reason the...
The defence by the defence counsel during the trial
Svoboda, Michal ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The defence by the defence counsel during the trial Abstract The aim of the thesis is not only to analyze both the position of the defence counsel and the accused in criminal proceedings, including their rights and obligations arising from this position, but in particular to define the limits in which both the accused and the defence counsel can exercise the right of defence. The content of the thesis is divided into an introduction, six chapters and a conclusion. The introduction summarizes the aims to be achieved in the thesis. It emphasizes the importance of the right to a fair trial, which includes the right of defence and which is an integral part of the rule of law concept. The first part deals with a brief historical excursion into the history of the position of the defence counsel and the accused in criminal proceedings, with particular emphasis on the legislation applicable in the territory of the present Czech Republic. In the second chapter, the rights and obligations of the accused are analyzed, especially but not only in the trial. Emphasis is placed on defining the limits of the accused's right of defence and the reasons why such restrictions exist in the legal system. The third and fourth chapters are then devoted to the defence counsel, his rights and obligations arising from his position in...
Sexual coercion /section 186 of the Penal Code/ and other offences against human dignity related to sexuality
Stránský, Daniel ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The main theme of this thesis, as the name suggests, is the crime of sexual coercion. This relatively new offense is regulated in seven paragraphs of Section 186 of the Penal Code. Since its introduction into Czech criminal law, it has been a useful addition to the crimes of rape (Section 185 CC) and child sexual abuse (Section 187 CC). It allows the criminalization of offenders who have committed such unlawful acts against human dignity related to sexuality, in particular the freedom of an individual to decide on their sex life, in cases, where sexually aggressive behaviour of the perpetrator has not reached the intensity of rape or child sexual abuse, while the perpetrator remained in the role of an observer, while the victim was forced to satisfy the erotic perception of the perpetrator through his (victim's) body and his own actions. In the first chapter the topic of legal regulation of sexual offenses is set in historical context. Later in the thesis, the crime of sexual coercion is analysed, described, explained and clarified in detail, the thesis deals with its object, physical elements (actus reus), offender (the subject) and mental elements (mens rea), including qualified facts and individual developmental stages. The offense of sexual coercion is further compared with the offenses of rape...
Criminological Aspects of Crime Recidivism
Urbánková, Petra ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Criminological Aspects of Crime Recidivism The Diploma Thesis Bc. Petra Urbánková Abstract The main goal of the Diploma Thesis "Criminological Aspects of Crime Recidivism" is analysing recidivism, which is considered to be one of the most important criminal factors. We can analyse recidivism based on the criminal law, penology, criminal statistics and mainly criminology. The Criminological aspect is the widest one, because it focuses on the all crimes committed by the offender, not only those crimes which were investigated by Police or the prosecutors. We will also theoretically describe all statistic sources where the recidivism has been recorded, but mainly we will analyse practically the statistical data of The Prison Service of the Czech Republic and the data of the Police of the Czech Republic where we could find out the actual rate of recidivism in the Czech Republic. The data of the Prison Service contain mainly the offenders which are imprisoned repeatedly for more than once. The data of Police are focused on type of crimes which have the highest rate of recidivism and whose are committed repeatedly by the offenders. This thesis also tries to analyse recidivism based on the historical development of the Czech legislation on recidivism starting since 1918 till nowadays. This thesis also tries to...
Criminal Liability of Legal Entities in Healthcare
Janatová, Pavla ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The aim of the diploma thesis is to define presumptions of the criminal liability of healthcare providers and answer the question in which circumstances and under what conditions can healthcare providers can be criminal liable. The diploma thesis is divided into nine chapters. The first chapter deals with legal entities, particularly their history and definition in Czech legal order. In second chapter I envisage with the basic medical law terms importing in relation with the subject of the diploma thesis, especially I mentioned health related services, healthcare, services to promote and maintain health, healthcare provider and patient. In the third chapter I define in general the fundamental types of legal liability in the health care sector and in the subchapter I analyse the institute of the informed consent, which is in my opinion an important aspect in defining legal liability in healthcare. Further in the fourth chapter I focus specifically on criminal liability, which I first define as such, including the individual circumstances that exclude unlawfulness, then I deal with the criminal liability of legal entity and its possible criminal conduct in relation with the provision of healthcare. I also analyze the terms of lege artis and vitium artis procedure, which are usually the necessary...
Criminological and criminal law aspects of the ransomware spread
Fousek, Jan ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Criminological and criminal law aspects of the ransomware spread Abstract This diploma thesis examines different aspects of criminology and criminal law with the issue of the malware spread in the form of ransomware. This text is divided into two main parts. First, the theoretical part consists of the chapters about cybercrime, malware and criminological and criminal law aspects of ransomware spread. It uses the substantive law and also procedural law perspective. All chapters are divided into subchapters dealing with the questions of offenders and victims, criminal law qualification of the ransomware phenomena and with related concepts used for the broader understanding of this kind of cybercrime. Second, the analytical part follows. This thesis combines different criminological research methods and tries to verify the main hypothesis regarding the increase in the number of ransomware attacks in the Czech Republic. The hypothesis is as follows: "The number of ransomware attacks registered by the Police of the Czech Republic has been increasing since 2016". This hypothesis cannot be accepted due to missing relevant data from the Police of the Czech Republic and other institutions. It can be said that for the period 2016-2018, there was 3 registered ransomware attacks per 100,000 inhabitants of the Czech...
Development and structure of crime in the Czech Republic
Trnková, Michaela ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Development and structure of crime in the Czech Republic Abstract This thesis analyses the development and structure of criminality in the Czech Republic in the period 2009 - 2018. The main source of information for this thesis are the statistics of Police of the Czech Republic. The aim of the thesis is to analyse current distribution of criminality, its development and to find out its driving forces. The thesis consists of four chapters. In the first chapter, the basic terminology is defined; especially the terms defining main properties of criminality, information sources on criminality and the issues of credibility of statistical data. In the second chapter, the structure of criminality in the Czech Republic in 2018 is analysed. A general overview is presented here, followed by analysis of various types of criminality. Information on criminality are analysed from the perspective of the criminality extent, its clear-up rate, geographical distribution, person of the perpetrator and extent of damage. In the third chapter, the development of criminality in the Czech Republic in the period 2009 - 2018 is examined. The data are analysed in a similar way (as the data in the chapter two). Last but not least there are mentioned some selected specific values, which have been commented separately. The thesis...
Substantiation of Electronic Evidence
Krákorová, Simona ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
81 Thesis title Substantiation of Electronic Evidence Abstract Thesis deals with the substantiation of electronic evidence within the framework of criminal procedure. The importance of the issue of obtaining such a category of evidence further intensifies as the technology continues to develop. The various types of crime perpetrators simultaneously leave behind digital traces with regard to almost all cases. Therefore, the author focuses on the issue, whether is it possible to obtain such an evidence effectively. The author concurrently takes into account the question of whether the process of obtaining electronic evidence meet certain threshold of protection of the fundamental rights and freedoms of an individual. Hence, the author analyses the characteristic of the individual relevant procedures. The issue of data retention, in other words the areal data collection and preservation in the light of recent case law as well as the possible adjustments to current legislation is subject to scrutiny. Attention is drawn, inter alia, to the novel procedure which enables preventive preservation of data important for the criminal proceedings. Furthermore, the author takes into account the issue of obtaining the content of the communication by means of electronic mail. Moreover, thesis deals with the partial...

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