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The issues of juvenile criminal justice
Šípal, Jan ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
1 The Issues of Juvenile Criminal Justice The Abstract This Master's degree thesis named "The Issues of Juvenile Criminal Justice" focuses on the issues of proceedings in the matters of children under the age of fifteen according to title third of the Act No. 218/2003 Coll. on the Responsibility of Juveniles for illegal Acts and on the Justice of Youth (hereinafter "ZSM"). These proceedings are unlike any other in that regard that although they are civil, they can't deny their penal aspect since they deal with the other offences, the acts which posses every element of a crime except for the fact that they were committed by someone not criminally liable. These proceedings are yet to be thoroughly examined by law literature or any other thesis and their statutory regulation itself is quite brief, that is despite the complexity of said issues. The first introductory chapter defines several basic concepts of these proceedings, such as "the child under the age of fifteen" or "other offence." Then, the ZSM is covered. This act is naturally crucial for the issue, though his relations to general civil and penal regulation must be explained. In the second chapter, called "Historical context," some key historical milestones are remembered, with the focus on Act No. 48/1931 Coll. on the Penal Justice System of the...
Protective Treatment and Security Detention
Toman, Lukáš ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Protective Treatment and Security Detention Abstract This diploma thesis summarizes information about the institutes of involuntary commitment, especially involuntary treatment and security detention. A goal is to describe their development, imposition and their program. The next goal is to examine the influence of physical activity on patients and perpetrators who had been subjected to involuntary treatment or security detention. And finally to describe the opportunities for physical activity in psychiatric hospitals and detention institutes. This diploma thesis also surveys the opinions of the staff working in these facilities on the above stated issues. The first part introduces basic information concerning this topic. Next comes a part describing types of punishments and preventive measures. In the subsequent part, I describe measures imposed on juveniles and children under the age of 15 with an emphasis on protective education. Next, I explain important concepts and terms connected with this topic. I pay attention primarily to insanity, diminished sanity, mental illnesses and abuse of addictive substances. The thesis describes protective treatment in general as well as the types of protective treatments and the way they are carried out. The imposition of protective treatment is the topic of the next...
Criminal Liability for Transmission of HIV infection
Stavrovský, Tomáš ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
The goal of my master thesis is to introduce the subject of criminal liability for spreading the HIV virus and to prompt the discussion of the expediency level of current legislation. Furthermore, it is also to introduce individual concepts of punishment for spreading the HIV virus and offer alternatives which are in this context self-evident. My thesis begins with the introduction, it then continues with three general chapters, two analytic chapters and a conclusion. The introduction presents the core sources of work and the methodology. The second chapter following the introduction is the explanation of the basic general connections to the phenomena of HIV and AIDS, in regards to new research which concerns curing and preventing the spread of the HIV infection, along with the historical context in which the debate about HIV and AIDS evolved, especially in Czechoslovakia, more specifically the Czech Republic. Furthermore it lists individual concepts of understanding this issue in specific countries as practical examples. The third chapter introduces the legislation that establishes the criminal liability for spreading HIV. I paid special attention to domestic legislation and particularly the law concerning public health, and the Criminal Code. The fourth chapter introduces in greater detail...
Crime Reporting and its Significance in Criminology
Zachrlová, Kamila ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
This thesis deals with the reporting of criminal offenses both in terms of individual and procedural criminal law, and from the point of view of the importance of this issue in criminology. The thesis is divided into ten chapters. The first chapter describes the role of reporting criminal offenses in criminal proceedings. In particular, it deals with the status of the procedure for initiating criminal prosecution in criminal proceedings. It then deals with the very aspects of the procedure for filing a crime report, in particular with crime reporting, its formalities, options in filing a criminal complaint, and procedures following the filing of a criminal complaint, while it points out the issue of imposing the act of closed file. Chapter two highlights the rights of the complainant, the injured and the victim in connection with the reported crime. This chapter addresses issues with informing the injured person or victim at the point of crime reporting. Furthermore, this chapter deals with the right of the complainant to an effective investigation. Chapter three deals with the benefits of crime reporting by its perpetrator as encompassed in the Criminal Code. Chapter four addresses the issue of misuse of the criminal reporting system, especially the possible ways of system abuse and the responsibility for...
Sanctioning of Serious Criminal Act Offenders
Pešulová, Petra ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
96 Sanctioning of serious criminal act offenders Abstract The thesis is divided into five chapters. The first chapter deals with general questions concerning the topic of the thesis: how a serious offence can be defined and how offenders who committed such an offence can be punished. The aim of the chapter is to present general ideas and to set the problematic the thesis deals with in detail in a broader context. The second and the third chapter presents the statute law concerning two topics withing the broader topic of the thesis. The second chapter deals with the rules of punishment of sexual offenders according to the Belgian law. The rules are discussed in detail and presented in the context of the criminal law as whole. Several inconsistencies that are caused by a non respect to the consequences of a change in one field of criminal law to another one. The third chapter presents the Belgian complementary punishment of mise à la disposition du tribunal de l'application des peines and the German preventive measure of Sicherungsverwahrung and their brief comparison. Both measures incorporate the same idea - a group of offenders cannot be liberated, even though they have already served their punisment as whole - but they differ in details. The fourth chapter deals with the participation of experts to the...
Criminological aspects of organized crime
Kovářová, Alena ; Scheinost, Miroslav (advisor) ; Hořák, Jaromír (referee)
7 Criminological aspects of organized crime Abstract The aim of this study named Criminological aspects of organized crime is mainly to provide a general insight to organized criminality as itself a systematize particular legal and social means, that are used to fight organized crime these days. Apart from the identification of the problems connected with application of certain means in practice I tried to outline possible solutions for the future that would lead to increasing the effectivity of fight with organized crime. The first chapter is focused on the general definition of organized crime and particular trait names that characterise organized crime and distinguish it from other forms of criminal activity. The second chapter called development of organized crime is dedicated mainly to historical roots of organized crime, its origin and changes through time. The most important global organized criminal groups are described in the second part of this chapter, which are an Italian Mafia, American La Cosa Nostra, Chinese triad and other. The third chapter focuses on typology of organized crime and particular internal organizational structure, their typical signs an expressions, whereas offers several means of division. In the fourth chapter, I devoted myself to the development of organized crime in the...
Indirect Perpetration
Haasová, Zuzana ; Hořák, Jaromír (advisor) ; Vokoun, Rudolf (referee)
Indirect perpetration Abstract This diploma thesis deals with the institute of indirect perpetration. First it mentions its historical development, since the acceptance of indirect perpetration was inconsistent in earlier times. Now the principle of accessory criminal liability of the participant applies in our country, and the participant can be criminally liable only if the perpetrator is criminally liable. Back then the opposite principle was applied, namely the principle of independence of the participation. Indirect perpetration was not necessary and was only accepted by such authors who recognized it as another specific form of perpetration. Participation, especially instigation and organization, is very close to indirect perpetration. The indirect perpetrator or a participant, do not fulfil the elements of the offence by their own activity, but they contribute significantly to it. The major difference between them is what person they are instigating. If the person is fully criminally liable and commits the offence intentionally, it is participation, if not, it is indirect perpetration. An indirect perpetrator must be aware that he uses a person that is not criminally liable or at least not criminally liable for specific offence. In addition, he must have the intention to commit his offence through...
Indirect Perpetration
Koláříková, Tereza ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
The Indirect Perpetration Abstract Institute of indirect perpetration is one of the most important institutes of criminal law. This diploma thesis aims to describe the institute of indirect perpetration, analyze its particular forms, analyze more deeply its selected problematic aspects and based on this provide authentic evaluation and propose changes de lege ferenda. The thesis is divided into 4 chapters. The first chapter explains the term of indirect perpetration and its conditions in general. The legally taxative enumerated forms of indirect perpetration are analyzed one by one together with their corresponding examples. The second chapter studies the history of the institute in our country. The subchapters contain legal regulation of the institute in particular criminal codes effective in Czech countries and opinions of selected historical authors about given problematic, all this since the times of Austrian criminal code from 1852 to currently effective criminal code from 2009. The third chapter discusses selected aspects of the Institute of indirect perpetration. The problematic of personally committed and special criminal offenses, omissive and negligence criminal offenses, indirect perpetration committed using vis absoluta and finally indirect perpetration in relation to participation is discussed....
Breach of evidence rules and its consequences for the effectiveness of evidence
Holubcová, Nikola ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Breach of evidence rules and its consequences for the effectiveness of evidence Abstract The aim of this diploma thesis is to provide a complex overview of the issue of the legality of evidence in the Czech criminal proceedings. The consideration of the legality of the evidence is viewed as a criterion for evaluation of the evidence. As a result of such criteria, there is a legal consequence - the effectiveness of the evidence, that can be absolute and relative. The diploma thesis consists of 8 chapters, including the introduction and conclusion. The first three chapters are general in nature, and they aim to provide an overview of the rules of evidence and point out mistakes of the lawmakers and inadequacy of the case law in these procedural aspects. I first introduce the terminology. The following chapter is devoted to basic principles that are applied in the rules of evidence. I consider them to be very important as these must be followed in order for the evidence process to be considered lawful. Chapter 4 deals with the introduction of individual phases of the criminal proceedings. Next 2 chapters (chapter 5 and 6) are the core of the thesis as they analyze the legality of the evidence and the criteria used to determine such legality. Next, the effectiveness and nullity is analyzed also in the context...
The issues of juvenile criminal justice
Vincík, David ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
This diploma thesis The issues of juvenile criminal justice focuses on the area of juvenile criminal law which is a specific area of criminal law due to a necessity of a particular attitude towards youth. The legal regulation of the juvenile criminal law is incorporated particularly in ActNo. 218/2003 Coll. on the Responsibility of Juveniles for illegal Acts and on the Justice of Youth. Within the theme, the work seeks to capture especially the deviations that are special for the juvenile criminal law as opposed to the criminal law of adult offenders and to present a comprehensive overview of criminal justice over youth. The most extensive part of the thesis deals with the juvenile proceedings, attention is also paid to the substantive aspects of the juvenile criminal law and a considerable part discusses the proceedings in the affairs of children under fifteen. The introductory chapter defines the basic concepts as applied by the Act on the Justice of Youth, especiallyterminologically definesthose that are subject to special treatment. The following two chapters give an overview of the criminological aspects of juvenile delinquency and also outline the development of the legal regulation of juvenile justice in the Czech lands and present the form of the current legal regulation including its...

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See also: similar author names
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11 Horák, Jakub
30 Horák, Jan
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7 Horák, Josef
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