National Repository of Grey Literature 53 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
The Unfit Preparation and Attempt of Criminal Offence
Salzmannová, Lucie ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
The Unfit Preparation and Attempt of Criminal Offence Abstract The topic of the unfit preparation and attempt of criminal offence is one of the most disputable domains of criminal law. The conflict concerns mainly punishability of an act, which cannot really result in committing a crime, and punishment of perpetrator. In the study of criminal law, two basic approaches have developed. Other theories are derived from them. The first od basic approaches is the subjective theory, which emphasizes a malice of the perpetrator. In its radical form, it omits completely an act in the world. The second approach is represented by the objective theory, which constitutes the opposite of the subjective theory. This theory emphasizes mainly dangerousness of the perpetrator's act for society. The preference of theories has been changing, that is also represented by the difference of laws. The unfit attempt can be divided in three basic groups according to what is unfit: attempt on unfit object, attempt with unfit tools, attempt by unfit subject. The thesis is divided into several parts. In the first part, the unfit preparation and the unfit attempt are introduced as evolutional stadiums of a criminal act mainly from the point of view of current law. Than unfit forms and detailed explanation of both theory follow. Also such...
The crime of disorderly conduct regulation
Ježek, Tomáš ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
v anglickém jazyce This thesis deals with a Czech legal regulation of the crime of disorderly conduct, defined in section 358 of the Criminal Code in a very abstract way as a gross indecency or disorderly conduct committed publically or in a publically accessible place. The main aim of the thesis is to offer a general characteristic of the crime, to specify its appropriate interpretation, to propose potential alterations of the current legislation and finally to describe a problem of spectator violence as a specific type of disorderly conduct. The thesis consists of six parts, the first of which analyses elements of the crime with a focus on elements laid down by indefinite concepts of law. Problems of the current legislation and proposals of its potential changes are also mentioned in a final chapter of this part. The second part deals with admissibility of concurrence of disorderly conduct with other crimes and special attention is paid to impossibility of such concurrence on the grounds of consumption of crimes. The next part is concentrated on administrative delicts committed in cases of less serious disorderly conducts, i.e. administrative delicts against public order and against civil coexistence. This part also provides main indicators determining a decision if particular illegal behaviour...
Culpability in Criminal Law
Schmalzová, Kateřina ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Culpability in Criminal Law The diploma thesis deals with the topic of culpability in criminal law, which is an obligatory attribute of the subjective aspect of the criminal offence. It characterizes the offender's psyche in relation to the criminal offence. In Czech criminal law, the principle of liability for fault (nullum crimen sine culpa), according to which there is no crime without fault, applies. The diploma thesis is divided into five chapters. The first chapter is focused on the general introduction; in which the crime and its merits are discussed. The largest part is left to the interpretation of the subjective aspect of the criminal offence and its obligatory and facultative characteristics. The chapter concludes with a treatise on the concept of guilt in criminal law. The second chapter deals with the historical development of the institute of culpability in the criminal codes, which used to be applicable in our territory, from the period defined by the applicability of the Act on Crimes, Offenses and Misdemeanours to the Criminal Code of 1961, which was replaced in 2010 by the current Criminal Code. The third chapter deals with the current regulation of culpability in criminal law, the most part is left to the general characteristics of the regulation of culpability in the applicable...
Participation
Klabanová, Andrea ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
This diploma thesis provides to the reader an analysis of one of the most complex institutes of substantive criminal law - participation. Its aim is to focus mainly on the current legislation of participation, but also to criticize it and to propose the changes in legislation. Apart from the introduction and conclusion, the thesis consists of a total of six parts. The first part of the thesis is devoted to defining the concept participation together with concepts associated with participation. First of all, the concept criminal cooperation is defined, in which the division of participation we can find, and then the division of participation itself is discussed. The second part analyzes individual conditions and principles of participation, on which this institute is built. Accessority of participation, which is crucial for this institute, is discussed in more detail. The third part deals with individual forms of participation. Firstly the conditions of criminal liability are analyzed from the most serious form to the least serious one. For each individual form there are then discussed the specifics of the form associated. The chapter related to organizing distinguishes this from an organized group and an organized criminal group. At abetting there is the institute of agent provocateur and hiring...
Selected Questions of Unconditional Imprisonment
Jirsová, Kamila ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
- Selected Questions of Unconditional Imprisonment The presented diploma thesis dealing with current issues of unconditional imprisonment is led by an effort to analyze problems that are conncted with the imprisonment and to outline possible solutions. The introduction is devoted to the concept of punishment and its purpose. In order to better understanding the current concept of unconditional imprisonment, the second part briefly discusses the historical development of this punishment and the origin of penological systems. This section also includes legislative regulation at both international and national level. The third part examines the unconditional imprisonment in terms of length, while the author concludes that the greatest risk of negative effects is linked to both very short sentences and penalties of over 10 years. The pivotal part of the thesis is the fourth part, which deals with selected actual issues, which must be discussed in connection with the unconditional imprisonment. The author calls for the priority to be given to the problems of prison overcrowding, because without the solution of this problem it is not possible to face other negative phenomenons and effort to reform convicts are often void. The author sees the solution partly in the construction of new prison facilities....
The injured party and his procedural rights in Czech criminal proceedings
Vaňková, Zuzana ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
The injured party and his procedural rights in Czech criminal proceedings Abstract: The subject of this paper is the injured party and his procedural rights in current Czech criminal proceedings. The aim of this paper is to depict the victims' position comprehensively, with an emphasis on their procedural rights in criminal proceedings. The systematics of the text is chosen in such a way, so that individual situations in which the concerned persons end up and their related rights follow as far as possible chronologically. The first chapter is concerned with defining the basic concepts and also with sources of the relevant legal regulation. Afterwards, the paper contains the description of the period from committing the crime to the criminal proceedings, mainly from the victims' point of view. Firstly, some statistic data is given to illustrate the likelihood of victimization in the Czech Republic, followed by an enumeration of lawful reaction to it. The list of places, where the victim can find help and support, is mentioned as well as the description of the possible entrances to the criminal proceedings. The following part deals with the way in which the injured party acts in the proceedings - his procedural subjectivity and potential representation, including the related costs. Then, a section concerned...
The crime of robbery in comparison with selected crimes against personal freedom
Wachtlová, Nikola ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
The crime of robbery in comparison with selected crimes agains personal freedom This rigorous work focuses on the crime of robbery comparison with selected crimes against personal freedom. It deals primarily with the crime of robbery in terms of the criminal law. This thesis is systematically classified so that it contains the historical context of legal regulation of robbery in the territory of today's Czech Republic. In addition, the basic concepts, which are in the main a crime as such and freedom, like freedom, not only as the freedom of an individual, but also the protection of property, including the very innocuousness of the dwelling, which, of course, is part of the concept of freedom. After a historical excursion and general interpretation, a more detailed analysis of the crime of robbery de lege lata follws, i.e. in accordance with the applicable law, namely robbery and robbery qualified. The next chapter of this work deals with criminal liability and the associated fault and the same time in this chapter we find a brief description of the circumstances excluding illegality, which are related to criminal law. In the following chapter, the thesis deals with the descripsion of the obligatory features of the facts of each crime, which are the object, the objective page, the subject, the...
Principle of legality and its application in criminal proceedings
Doušová, Anna ; Tejnská, Katarína (advisor) ; Pelc, Vladimír (referee)
Principle of legality and its application in criminal proceedings Abstract This diploma thesis focuses on the principle of legality and its application in criminal proceedings. Based on this principle, the prosecuting attorney is obliged to prosecute all crimes about which s/he learns unless the law or declared international treaties stipulate otherwise. It is one of the basic principles on which criminal proceedings in the Czech Republic are based. The introduction deals with the definition of the term "criminal proceedings" and its basic principles and their importance from the point of view of professionals in the field of criminal law. Next part of the thesis is devoted to the concept of the principle of legality in criminal codes valid on our territory from the year 1918 until today. It mainly concerns the changes in criminal proceedings and the motion of the principle of legality including the exceptions which were gradually introduced. The following chapter deals with the comparison of the principle of legality and the principle of opportunity and with other related principles on which the criminal proceedings are based. Special attention is paid to the application of the principle of legality in preliminary proceedings and breaching this principle in favour of the opportunity principle. Based on...
Criminal proceedings against law entities
Jonák, Martin ; Pelc, Vladimír (advisor) ; Tejnská, Katarína (referee)
Criminal proceedings against law entities Summary The Act no. 418/2011 Coll., Act on Criminal Liability of Legal Entities and Proceedings Against Them came into force on 1st January 2012. Up until that point the legal entities could not have been prosecuted for crimes, because we had only personal liability in our country. The purpose of this diploma thesis is to research the procedural part of Act no. 418/2011 Coll., the criminal liability of legal entities and proceedings against them in more detailed way, especially discuss the specific differences in criminal procedure against legal entities, which differ from the general provisions in criminal procedure against natural persons. These specific differences contain provisions of provisional and protective measures, acts of legal entities, defense of legal entities and specific executions of punishments, which can be inflicted only to legal entities. This thesis mentions legal acts of international law, legal acts of European Union law and legal acts of national law. Moreover, the thesis contains references to articles and publications by notorious Czech criminal law experts, who research the problematics of the criminal responsibility of legal entities. This thesis includes some important judicial decisions, which were issued and are related to criminal...
Environmental offenses committed by legal entities
Javorská, Kateřina ; Pelc, Vladimír (advisor) ; Tejnská, Katarína (referee)
Environmental offences committed by legal entities Abstract This thesis deals with the Czech criminal law protection of the environment and its development in relation to legal entities. The main importance for this thesis is found in Act No. 418/2011 Coll., on Criminal Liability of Legal Entities and their Prosecution effective since the January 1, 2012, which brought new institute of criminal liability of legal entities into the legal system of the Czech Republic. Although, there had been several changes, imperfections still occur in connection with this institute. Furthermore, this thesis concerns on Act No. 40/2009 Coll., Criminal Code and international and EU regulations related to the environment. The aim of this thesis is to evaluate whether the criminal liability is a suitable and effective tool to protect the environment. The thesis is divided into four chapters. The first chapter provides explanation of concepts essential for the thesis, especially the concept of legal entity in the applicable law and the concept of environment, it also deals with environmental protection and it sources in national, EU and international regulation. The second chapter focuses on adoption of Act No. 418/2011 Coll., on Criminal Liability of Legal Entities and their Prosecution and the circumstances before the...

National Repository of Grey Literature : 53 records found   1 - 10nextend  jump to record:
See also: similar author names
2 PELC, Vít
2 Pelc, Vojtěch
2 Pelc, Vít
1 Pelc, Vítězslav
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