National Repository of Grey Literature 284 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...
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...
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...
Mutual recognition versus harmonization - development and perspectives of the criminal law in the EU
Černecká, Zuzana ; Scheu, Harald Christian (advisor) ; Gřivna, Tomáš (referee) ; Fenyk, Jaroslav (referee)
Mutual recognition versus harmonization - development and perspectives of the criminal law in the EU Abstract The criminal law, which stood away from the attention of the mainstream European integration process for a long time, is at present considered one of the fastest growing spheres of the Union law. The thesis focuses in 8 chapters on the development and perspectives of the criminal law in the EU by analysing two main forms of the development of the member states' cooperation in this area, which are mutual recognition and harmonization. After an introductory part the second and third chapters at first pursue historical roots of the member states' cooperation in the area of the criminal law and the description and justification of the current legal framework of the EU criminal law, which has been set up by the entry into force of the Lisbon Treaty in 2009. The key notions this thesis focuses on are the principle of mutual recognition and harmonization, therefore a comprehensive chapter deals with each of these terms (chapter four with mutual recognition, chapter five with harmonization). The chapter about mutual recognition points out to its origin, grounds for the use of the principle of mutual recognition in the criminal area, centres at its basic characteristics and mutual trust as a central notion...
Principle nemo tenetur se ipsum accusare in criminal proceedings
Děček, Milan ; Gřivna, Tomáš (advisor) ; Ivor, Jaroslav (referee) ; Tlapák Navrátilová, Jana (referee)
Labor deals with the application of the principle of non-coercion to self-accusation in criminal proceedings, not only in the Czech Republic but also in other European countries and the USA. Partial results are obtained in particular by analyzing the case law of the European Court of Human Rights, the Constitutional Court of the Czech Republic and, not least, the work presented the views of the experts in the criminal process. Application of that principle is examined from different angles using various procedural acts when the argument was the same judgments inferred line between permissible and impermissible coercion from authorities involved in criminal proceedings. This limit is characterized by the activity of the accused to self- accusation, to which the accused may not be compelled under the threat of sanctions. The thesis deals with the historical development of the principle, its enactment in the valid law, but mainly with its application in the criminal proceedings. The application of this rule is examined not only for various types of testimony in criminal proceedings, but also for further evidence and procedural acts in criminal proceedings (recognition, issue / removal of the subject, identification, use of agent), as well as criminal prosecution of legal entities. The "nemo tenetur se...
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
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...
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...
Basic principles of criminal proceedings and the right to a fair trial
Mulák, Jiří ; Jelínek, Jiří (advisor) ; Ivor, Jaroslav (referee) ; Gřivna, Tomáš (referee)
1 Basic principles of criminal proceedings and the right to a fair trial Abstract This dissertation deals with the basic principles of criminal proceedings from the point of view of the right to a fair trial. The basic principles of criminal proceedings are certain legal principles, the leading legal ideas underlying the criminal proceedings. They are a manifestation of a legal, political and legal philosophical approach to criminal proceedings. As a result, the basis on which the organization of criminal proceedings and the regulation of the activities of its bodies are built. They express the legislator's opinion on the most efficient organization of the criminal process. The meaning of the basic principles is mainly concentrated in their functions. The text of the thesis is divided into three major chapters, which are further divided into sub-capitals and sections. The second chapter is devoted to the conceptual definition of both the democratic state law and its attributes, the legal principle, and two basic models - the continental system and the adversary system. Then follows a chapter that deals in detail with the concept, meaning, functions and system of the fundamental principles of criminal proceedings. It also deals with exceptions to the basic principles, the classification, the nature of the...

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