National Repository of Grey Literature 78 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
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...
Liability for Protest Art in Public Space
Žáček, Matěj ; Urban, Michal (advisor) ; Hořák, Jaromír (referee)
This thesis follows up the topic of protest art in public space and identifies potential legal responsibilities through the media activism and culture jamming phenomena. The opening of the thesis is focused on key theoretical aspects of media activism and culture jamming in order to understand the concept of protest art. Dividing and comparing mentioned media phenomena required a recourse to the field of media studies to get a comprehensive overview of the need to oppose mainstream culture. The goal set in the second chapter of the thesis is to investigate potential legal impact of protest art coming both from public and civil law. The phenomena of legal responsibility is described from the perspective of legal theory and applicable law first, than from the perspective of judicial practice. Learned theoretical facts are creating a ground for case studies of publicly well known legal conflicts with artistic activists aiming at national symbols. First part of the third chapter follows the Red Shorts case of the Ztohoven activists. Thesis confronts presented courts arguments and decisions along with the issue of Czech Republic's civil claims for non-material loss. Second case study provides detailed analysis of the case file led on activist painter Tomáš Rafa. Furthemore the thesis demonstrates the...
Excessive self-defense and necessity
Šír, Roman ; Vokoun, Rudolf (advisor) ; Hořák, Jaromír (referee)
Excessive self-defense and necessity Abstract In this rigorous thesis are described the institutes of necessity and self-defense focusing on the establishment of their rules and contravention of these rules. This rigorous thesis consists of eight main chapters and final chapter including de lege ferenda consideration. The introduction of the thesis is dedicated to the history of both institutes on the territory of Czech Republic. It is then followed by a comparison of these institutes with similar ones in other areas of law, namely the civil and the administrative law. In the rigorous thesis, I also briefly described the legal defenses. The body of the thesis is then the description of necessity and self-defense, their main attributes and rules for their legal usage. The contravention of these rules may lead to a case of usage of the excessive self-defense and necessity. That is why I am devoting the major part of this work to their breach and its consequences. Legal usage of necessity needs to follow specific rules. A breach of these rules may cause an act of excessive necessity. Each of this criteria, with focus on its observance and breach is described in an individual subchapter. The condition of "the absence of the burden of tolerance" is elaborated thoroughly as I believe I might have found a possible...
The consequences of the breach of evidence rules for the effectiveness of evidence
Maříková, Marie ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
This thesis deals with impacts on the applicability of evidence which results from violation of directives modifying the process of proofs of trial proceedings. The significance of proofs is crucial as by its means the reconstruction of the event of significance from the criminal law perspective is done. The condition for fulfillment of criminal trial proceedings purpose is a complete and proper determination of fact whereof there is just suspicion in the extent necessary for issue of decision. At the same time it is necessary that the set rules were followed for purveyance, locking, implementation and evaluation of evidence as these rules represents guarantee of just law trial proceedings as the one of fundamental attribute of democratic legally consistent state. This thesis is divided into four main parts and preface and conclusion. First part deals with definition of the term proofs in trial proceedings, its meaning and purpose. Moreover it deals with legal form of proofs including constitutional and international law way out. It contains also listing of fundamental terms and principles controlling process of proofs and division of evidence from different perspectives. In second part of this thesis, the issue of admissibility of evidence is processed with which acquisition and application was...
Protective treatment and security detention
Paleček, Miloš ; Hořák, Jaromír (advisor) ; Vanduchová, Marie (referee)
Protective treatment and security detention Abstract The topic of this diploma thesis is two protective measures - protective treatment and security detention. This is a criminal sanction which is legal consequences crime or other offense. Their function is treatment, rectification of the perpetrator and protection of the company against dangerous persons. Due to the number of recent cases when mentally ill offenders commit serious acts of violence after release or escape from protective treatment, is a topical topic. The aim of this thesis is the characterization of protective measures in general and a detailed analysis of the individual aspects of protective treatment and security detention, their storage, performance, duration, change and termination. In the case of protective treatment, I also characterize its forms and types. By analyzing effective regulation, I will evaluate these safeguards in terms of de lege lata and also propose possible measures de lege ferenda. In the introductory chapters I characterize the concept and purpose of the protective measures and also compare them with punishments. I briefly describe the prevention of the matter, the prevention of part of the property and the protective education. I then define the important concepts with which the protective measures work, such as...
Traffic crime and its prevention
Zemanová, Michaela ; Říha, Jiří (advisor) ; Hořák, Jaromír (referee)
This thesis deals with the issue of traffic crime and its prevention. The topic of traffic crime is a current issue, because transport is a dynamically evolving sector of the economy, but it also brings negatives that affect the most important social values, human life and health. The aim of the thesis is to give a comprehensive treatise on traffic crime, its causes and prevention and to focus more closely on the analysis of criminal offences in traffic. Traffic crime relates to all types of transport, but this work focuses on road transport. The mainstay of the thesis is the analysis of the effective legislation, in particular the criminal law and the assessment whether it meets the requirements of the current situation or it needs to be modified. Traffic crime evolves just like traffic itself. Road users behave differently than they used to. Therefore, the legislation should react and not lag behind. It is important to keep on improving road safety. The thesis consists of five parts. The first one introduces the reader to the topic and explains the key concepts. The second one holds forth on various facts of the cases and provides reflections de lege ferenda. The third one describes the factors causing traffic crime and traffic accidents. The fourth one deals with addictive substances and their negative...

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