National Repository of Grey Literature 26 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
The Crime of Money Laundering under Section 216 of the Czech Criminal Code
Wilsdorf, Jan Ondřej ; Tejnská, Katarína (referee)
The Crime of Money Laundering under Section 216 of the Czech Criminal Code Abstract The diploma thesis aims to examine the crime of legalization of proceeds of criminal activities in its narrower sense, i.e. the crime under S. 216 (2) of the Czech Criminal Code. This crime is referred to as "the crime of money laundering" throughout the thesis, as opposed to the crime of possession of stolen goods under S. 2016 (1) of the Czech Criminal Code. The opening chapter reviews the terminology used by Czech law. Then the thesis briefly addresses the phenomenon of money laundering in a broader context; this chapter also provides with statistics of criminal prosecutions for the named crime in the Czech Republic. In a separate chapter, the thesis names some of the most essential international documents adopted in the area of combating money laundering so far. The thesis then describes and evaluates the evolution of the crime of money laundering under Czech criminal law, namely regarding the respective amendments of the law. The following chapter then analyses the most significant elements of the crime of money laundering, and as such, it represents the centrepiece of the thesis. From this analysis, several important and disputed questions arise and are examined further. The thesis emphasizes e.g. the issue of...
Criminal procedure in front of a single judge
Burak, Oleg ; Říha, Jiří (advisor) ; Tejnská, Katarína (referee)
Criminal procedure in front of a single judge Abstract The master thesis focuses on the legislation concerning criminal procedure in front of a single judge and its purpose is not only the description of all aspects of such criminal procedure but also the presentation of disputable questions and their answers. Another objective of the thesis is to identify inappropriate legislation and provide solutions in the form of de lege ferenda thoughts, including the provision of opinions as to future legislation. Based on methods of description, analysis and historical comparison, the master thesis provides a comprehensive view on the single judge, while using commented legislation, academic literature and case law. The first chapter closely describes the historical evolution of the role of the single judge from 1918 (respectively since 1873 as the Austrian-Hungarian legislation had been adapted) until today. The second chapter solves a problematic question whether the single judge can administer justice at a regional court or only at a county court. The following chapters focus on the core of the thesis, which is described in the next three chapters. The third chapter presents the very first actions of the single judge after the prosecution is delivered to him. The fourth chapter is dedicated to the criminal order...
The Crime of Trafficking in human beings
Kučera, Václav ; Tejnská, Katarína (advisor) ; Beranová, Andrea (referee)
The aim of the thesis is to investigate the crime of Trafficking in human beings from the point of view of substantive criminal law in the Czech Republic, to analyze its weaknesses and propose their solution. The investigation should include an assessment of whether the Czech Republic's regulation is in line with international law obligations to criminalize this crime. In this work, compilation, legal-historical, analytical and general and legal interpretation methods are used. The first part is an introduction to the issue of human trafficking. This part introduces the subject of the social deviant phenomenon and points out the necessity of its perception in various, not only legal, fields. The following is a historical outline of the development of looking at human trafficking. In the second, fundamental part of the thesis, there is an analysis of the valid substantive criminal law, which deals with human trafficking. This hermeneutic-critical analysis serves to determine the problems that are proposed in the third part of the thesis. The work for quality analysis explores the historical basis of the legal regulation of the crime of trafficking in human beings. It also sets out the three most important sources of international law, which affect the current regulation and compares whether they are...
Omissive Offences
Fridrichová, Alžběta ; Říha, Jiří (advisor) ; Tejnská, Katarína (referee)
1 Omissive offences Abstract This diploma thesis addresses the issue of omissive offences in the Czech criminal law with regard to the legislation of Germany. Given the little attention paid to this topic in the Czech Republic, the aim of this thesis is to provide the reader with a comprehensive view of the omission in Czech criminal law in the context of contemporary legal literature, case law, and relevant legislation, including critical review of the most controversial aspects of the current regulation. In the beginning, the thesis focuses on the characteristics of the offence and its individual features with an emphasis on the objective aspects of the offence, which is essential for determination of the form of action. This is followed by a detailed historical excursion into the antecedent legislation of omissions in our country, from the time of Austria- Hungary, to the unsuccessful efforts to reform the criminal law during the First Republic, followed by methodically elaborated criminal codes from the period of totalitarianism to the fine government draft of the Criminal Code from the turn of the millennium. The core of this thesis is the third chapter dealing with the valid regulation of omission and categorization of omissive offences to the authentic (genuine) and the inauthentic, while...
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...
Criminal Law Instruments in the Fight Against Organized Crime
Baranová, Soňa ; Tejnská, Katarína (advisor) ; Heranová, Simona (referee)
The aim of this Diploma thesis is to elaborate on the topic of the fight against organized crime with a focus on criminal instruments of such a fight. Organized crime is undoubtedly a unique and dynamic phenomenon that penetrates almost every area of society. Currently it is one of the most serious global risks threatening the stability, security and development of civil society. The Diploma thesis begins with the definition of terms such as organized crime, then it deals with the causes, structure, selected forms of organized crime as well as its perception in the international community. The following chapter deals with the historical development of organized crime and the context between its boom in our territory and the fall of the Iron Curtain. The third chapter is a key part of this thesis and contains a substantive regulation of the prosecution of organized crime. It defines the terms of an organized criminal group and an organized group contained in the Criminal Code, describes the offense of participating in an organized criminal group and the limits of punishing this crime. The next chapter de lege lata discusses the most effective procedural instruments for combating organized crime, in particular the operational investigative means of criminal investigation. The penultimate chapter...
The imposition of penalties on the concurrence of criminal offenses
Voldřich, Tomáš ; Tejnská, Katarína (referee)
The imposition of penalties on the concurrence of criminal offenses Abstract This work deals with the issue of punishing the concurence of criminal offenses. In its introduction, the most important criminal law institutes are briefly analyzed, knowledge of which is a prerequisite for a proper understanding of the following chapters. This defines the concepts of concurrence of crimes, recidivism and the continuation of a criminal offense. Similarly, the general issues of sentencing are outlined. The very core of the thesis is devoted to the gradual analysis of the individual aspects of penalisation of concurrent criminal offenses, together with the questions of combining with other special cases of punishment, especially with the punishment of the continuation of the crime. In addition, some procedural issues and selected special cases are dealt with, consisting of the subject's specialty, the consequences of a misappropriation of the punishment, and finally the question of punishment for the crime of drunkenness. The thesis is supplemented by an international comparison of the issues studied with common law countries. The main aim of the work is to create a complex processing of the topic, which would allow its possible practical application. In addition to the conclusions of the doctrine, the work puts a...
Compensation for non-material damage in the event of injury and death in collateral proceedings
Sýkora, Jiří ; Tejnská, Katarína (advisor) ; Heranová, Simona (referee)
Compensation for non-material damage in the event of injury and death in collateral proceedings Abstract The thesis deals with a very current topic of compensation for non-material damage in the event of injury and death in collateral proceedings. The thesis also contains chapters, that focus on an injured person and collateral proceedings, which are concepts directly connected to the main topic of the thesis. The thesis contains the definition of an injured person, rights and obligations of the injured person in the criminal proceedings and also the definition of collateral proceedings and its process. In particular, the thesis focuses on the compensation of non-material damage in the event of injury and death according to § 2958 and 2959 of the Civil code. The thesis also describes the current judicial decisions of criminal courts in the area of compensation for non-material damage in the event of injury and death in collateral proceedings. The thesis is composed of four parts. The first part of the thesis deals with the injured person. It contains the concept of an injured person and its legal definition. The rights and obligations of the injured party in criminal proceedings are also briefly described in this part. The second part of the thesis focuses on collateral proceedings. This part contains the...

National Repository of Grey Literature : 26 records found   1 - 10nextend  jump to record:
Interested in being notified about new results for this query?
Subscribe to the RSS feed.