National Repository of Grey Literature 22 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Criminological aspects of corruption
Skopalíková, Veronika ; Kopečný, Zdeněk (advisor) ; Galovcová, Ingrid (referee)
Criminological aspects of corruption Abstract This master thesis focuses on several selected criminological aspects of corruption, aiming to explore them from the criminological point of view. This master thesis, however, does not necessarily aim to provide practical solutions for control of corruption. The first part is focused on the criminology as a science, since it is the basis of this master thesis. The main topics of this part are the crimonology as a term, its subject and its brief history. Next, the attention is pointed towards definition of the term of corruption, given its disunited approaches to its definition, and compares the numerous takes on the definition from the literature and various institutions. The master thesis also brings forward various types and kinds of corruption, including petty corruption, grand corruption or state capture, as well as distinguishing between the types of corruption based on various factors. Given that the corruption may manifest in multiple forms or degrees of institutionalization, variants and syndromes of corruption according to Johnston are not omitted. Corruption is an important social phenomenon causing far-reaching consequences that may, however, not necessarily be easily seen, or they may even be overlooked. In order to understand this pathological...
House arrest, its execution and control
Říha, Jan ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
House arrest, its execution and control Abstract By reading this thesis, the reader will acquaint himself with the punishment of house arrest its execution and control and other connected legal concepts. The goal of this thesis is to summarize legislation pertaining to the above mentioned subject matter, to point out its faults and to propose improvements of the current legislation. The first part of this thesis refers to punishment in general. It investigates its core concepts and answers the question on how punishments differ from other legal sanctions. The first part also deals with the purpose of punishment and the system of punishment in framework of Czech criminal law. Alternative punishments, their principles and advantages are subject of the second part of this thesis. Furthermore, here I explore the concept of restorative justice, its principles and how restorative justice relates to alternative punishments. The punishment of house arrest itself is subject of part three of this thesis. Aside from history and current legislation, this part also deals with connected legal concepts which can be characterized as house arrest but are not punishments in legal sense. Moreover, third part is also where I examine various kinds of conversions associated with house arrest. The fourth part of this thesis zooms...
House arrest, its execution and control
Procházková, Aneta ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
House arrest, its execution and control This thesis focuses on the punishment of house arrest and its position as an alternative punishment. Its aim is to provide a comprehensive view of this institute in a broader context, to reveal its advantages and disadvantages and to evaluate its development so far. Given one of the functions of house arrest as a substitute for imprisonment in particular, the work goes in this direction and evaluates this aspect from several possible perspectives. The assessment is then based on a comparison of the theoretical assumptions and results of the practice, which offers a comparison of the actual use of punishment and its likely development in the coming years, including de lege ferenda. The first part of the thesis is conceived as a general introduction which aims to introduce the concept of punishment, including its purpose, meaning and function. The following section than narrows the broad subject of punishment to alternative punishments, among which house arrest is included. One subchapter is also devoted to the concept of restorative justice as the cornerstone of alternative sanctioning. The second part of the thesis deals with the main topic and analyzes all the requirements of the house arrest. These chapters describe its development, meaning, purpose and...
Domestic violence (especiallyfrom the perspective of criminal law and criminology)
Býčková, Michaela ; Vanduchová, Marie (advisor) ; Galovcová, Ingrid (referee)
The aim of this work was to give a complete analysis of the phenomenon of domestic violence, especially from the criminal and criminological point of view. The topic of domestic violence is very wide. I considered necessary to also mention the legal regulation, which can be found in non-punitive legislation. It concerns especially the expulsion, the Act on social services and preliminary measures according to the Act on special proceedings. The introductory chapters define the definition of domestic violence, its specifics and individual types, which are physical, mental, social, sexual and economic violence. Followed by causes of domestic violence, along with the criminological description of the perpetrator, the victim, and the typical syndromes that may be manifested by the victim of domestic violence. Since the Czech Republic is a signatory to many international conventions affecting domestic violence, I have included in this work their basic analysis, with the greatest emphasis placed on the Istanbul Convention. The main part of the work is domestic violence from the perspective of substantive criminal and procedural law. The chapter of substantive law contains typical crimes that are perpetrated in connection with domestic violence. The most typical is the abuse of a person living in a shared...
Means of Substitution of Custody
Gantnerová, Anna ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
91 Abstract - Means of substitution of custody The topic of this thesis are the means of substitution of custody. The institute of custody is a very actual topic that is developing dynamically and is still controversial. Thanks to both domestic and international courts, the standard of protection of basic human rights keeps increasing and custody is therefore considered an extreme securing measure that can only be used in case there are no usable milder means. The aim of this thesis is to introduce these means of substitution of custody, stating their issues in theory and in praxis, their critical evaluation and suggestions de lege ferenda. The first chapter of this thesis focuses on general characteristics of custody and conditions of its use. The first chapter is a crucial part of the thesis as the means of substitution of custody directly relate to the institute of custody itself. The second chapter of this thesis focuses on the development of individual means of substitution of custody. It is a rather brief overview of the most significant amendments to legislation. In the author's opinion though, to correctly understand the current legislation concerning means of substitution of custody, it is necessary to be aware of the historical context of the establishment and use of these means. The third and...
Criminal custody as an ultima ratio instrument
Nekolová, Petra ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
Criminal custody as an ultima ratio instrument This thesis deals with a criminal custody which is considered as the most serious instrument within criminal procedural security measures which should be used by law enforcement authorities only in the most extreme cases when all of the legal conditions are strictly fulfilled. One of the purposes of this thesis is to explicate, through personal freedom and presumption of innocence both guaranteed by the Czech Constitution and both significantly affected by custody, the importance of using this instrument only in situations without any other solution when is impossible to reach the purpose of criminal proceedings by using some of the more lenient measures, it means to use the custody just as an ultima ratio instrument. A crucial part of this thesis pays attention to the individual legal conditions of current effective legislation that should ensure observance of this principle also in practice. In the mentioned part the procedure of the authorities deciding on custody is analysed in detail that authorities firstly must resolve the question if the prosecution of a specific person is justified and if a certain specific degree of suspicion is achieved proving that this one perpetrated an offence. After that is necessary to investigate the existence of...
Punishment of community service and its performance
Chárová, Adéla ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
Punishment of community service and its performance Abstract The diploma thesis deals with basic aspects of community service in terms of Czech and foreign legal regulation, it deals with its development in time, statistical data, special regulation of criminal measures of publicly beneficial works imposed on juveniles and problematic aspects of existing legal regulation. The aim of the thesis is to define the status of the punishment of community service in the system of domestic and foreign law, to provide detailed information on the substantive and procedural law contained in the Criminal Code, Criminal Procedure Code and other supporting acts, to deal with problematic aspects and to mediate opinion of public, judges and probation officers. In cooperation with the probation officer and with the providers of community service I summarized the basic problematic aspects of the community service and considered their possible solution, which I summarize in the individual chapters. In terms of used methods the thesis uses a legal-analytical, legal-comparative, legal- descriptive approach, query model and statistical models. In addition to the introduction and conclusion, the thesis is divided into eleven chapters, which are further subdivided into subchapters. In the first two chapters I deal with terminology,...
The freezing of items and criminal proceeds and of substitute assets according to sections 79a - 79g of the Code of Criminal Procedure of the Czech Republic
Vítková, Petra ; Říha, Jiří (advisor) ; Galovcová, Ingrid (referee)
1 The freezing of items and criminal proceeds and of substitute assets according to sections 79a - 79f of the Code of Criminal Procedure of the Czech Republic The summary in English This thesis talks about the procedure of freezing of items being intended for using or being used for committing a criminal offence and of freezing of criminal proceeds and of freezing of substitute assets, according to sections 79a - 79f of the Code of Criminal Procedure of the Czech Republic. The topic is put in the frame of the Czech legal regulations, there is described the interpretation and the purpose of the available freezing tools. The meaning of basic expressions is explained more fully. There are indicated the differences between the individual tools used for freezing of assets in the Czech criminal procedure. The subject of basic human rights is highlighted, as well as high requirements asked for each procedure eligible to infringe them. The thesis answers the questions, what can be seized by using the procedure provided in the named provisions, how can it be done and who is the person responsible for such decision, including the procedure of objections and appeals (complaints). There is specified the time period in which is possible to let the asset frozen. The meaning of the used tool is explained especially with...
Line-up in criminal proceedings
Rešlová, Anna ; Pelc, Vladimír (advisor) ; Galovcová, Ingrid (referee)
Line - up in criminal proceedings Abstract This rigorous thesis deals with the topic of a police line-up in the context of criminal law, which is closely specified in the Section 104, subsection b) of Act No. 141/1961 Coll., On Criminal Procedure (Criminal Procedure Code). This thesis looks at the police line-up from the perspective of the criminal law as well as the investigation perspective, plus it points out several psychological aspects of this procedural act, namely the memory tracks. The goal of this rigorous thesis is to provide critical analysis of the current status of the police line-up from the statutory provisions point of view, as well as from the perspective of the correctness and efficiency of the procedures in place. The aim is to answer the question whether the de lege lata regulation meets the requirements of modern criminal procedural law. The first part of this thesis focuses on the police line-up as a special form of identification, including the issue of memory tracks including its unique features. Further, it covers understanding of the police line-up from the criminal law perspective, meaning it deals with the term "line-up" as such and with the historical development of this procedural act, including summary of several theoretical definitions that are the most often represented in...
Relationship between criminal and tax proceedings from the perspective of the ne bis in idem principle
Šimánová, Hana ; Galovcová, Ingrid (referee)
Relationship between criminal and tax proceedings from the perspective of the ne bis in idem principle Abstract The thesis reflects upon the current case law of the European and national courts, which enables the possibility of both tax and criminal proceedings for the same act of the same person running simultaneously. The aim of the author is to compare both types of proceedings, analyse the relevant case law, and evaluate the consequences of its conclusions on the Czech legal order in the view of the ne bis in idem principle. The opening describes the criminal and tax proceedings, their main features, and principles governing them. Features common to both types of proceedings are noted (the ability to substantially infringe the human rights of individuals), as well as the most significant difference between them (particularly when the rules of evidence are concerned). The next part of the thesis is devoted to tax delicts, both those governed by the tax law (so called delicts against the remittance discipline and administrative delicts) and the criminal law. Tax criminal law is briefly described as well. Examination of the aim, purpose, and implementation of sanctions and the characteristics of the tax penalty, whose punitive nature deduced by the case law is crucial to the issues discussed, is given in...

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