National Repository of Grey Literature 343 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
The role of public prosecutor in the preparatory criminal proceedings
Ralevská, Veronika ; Vokoun, Rudolf (advisor) ; Zeman, Pavel (referee)
This thesis focuses on the role of the public prosecutor in the pre-trial criminal proceedings. This issue is very topical, not only because of the long-planned recodification of the criminal justice process, including the Law on the Public Prosecutor's Office, but also due to the increasing media's attention, to the public prosecution aktivity. The work is structured into six consecutive chapters with a logical structure. The introductory part is focused on the development of public prosecution, specifically from the First Worlds War to the Velvet Revolution. The following chapter deals with the basic characteristics of the prosecutor's office, including problematic regulation in the Constitution within the definition of separation of powers in the state. Furthermore, the issues of competence and the system of the prosecutor's office are discussed along with, related definition of the institute of supervision and the authorization of the Supreme Public Prosecutor. The end of the chapter is devoted to the independence of prosecutors and comparison with the function of a judge. Readers will not be denied a chapter dealing with general pre-trial criminal proceedings in general, more specifically the principles that used the most at this stage of the criminal proceedings, as well as the individual...
The term and legal consequences of exceeding the limits of extreme necessity and necessary defence
Bělohlávková, Eva ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The term and legal consequences of exceeding the limits of extreme necessity and necessary defence Abstract This thesis deals with the concept and legal consequences of exceeding the limits of extreme necessity and necessary defence, i.e. two conditions precluding the illegality of an act, which can be found in Chapter III of the current Criminal Code. Those conditions preclude the illegality of an act that would normally be illegal, because an act under those conditions is generally desirable in order to defend the interests protected by the Criminal Code. With the absence of illegality, acts under one of the conditions precluding illegality do not at all result in the commission of a criminal offence, which in case of extreme necessity and necessary defence, allow people to defend themselves at times when the state does not provide them protection against a certain danger or attack. However, if the statutory limits of these conditions precluding illegality are exceeded, the illegality will not be eliminated and a criminal offence will be committed. The main purpose of this thesis is to analyse the Czech legislation related to extreme necessity and necessary defence in terms of its limits. In particular, it aims to reveal the shortcomings of the legislation and offer solutions. The goals and structure of...
Hate Crimes
Korduliak, Matěj ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Hate Crimes Abstract The author of this thesis discusses the issue of hate crimes according to the Act No. 40/2009 Coll., The Criminal Code, as amended, and related case law. The thesis is divided into several parts. The first part is devoted to the definition of hate crime and related terms such as extremism, prejudice, race, anti-Semitism, nationalism and xenophobia. These concepts are important for the following interpretation and for the understanding of the existence of special protection in the context of hate crimes. The second part is devoted to the international regulation of hate crimes. Emphasis is places on the analysis of the case law of the European Court of Human Rights. The third and fundamental part of this master thesis analyzes hate crimes in the Czech Republic in the context of settled and current case law. In addition, examples of statements fulfilling the facts of individual crimes from practice are given. The fourth part analyzes the basic issues of hate speech and hate crimes in the United States legislation and case law. It also includes comparison of individual approaches with ideas of possible inspiration. The fifth part is devoted to reflections de lege ferenda on the topic, especially with regard to different concepts in the Czech Republic and the United States. The last part...
Criminal protection of an unbiased and impartial court
Šafář, Jan ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Criminal protection of an unbiased and impartial court Abstract This thesis deals with the criminal protection of an unbiased and impartial court. Although the thesis deals mainly with issues in criminal law, I consider it necessary to address the independence and impartiality of the court under constitutional law. I also focus, at least briefly, on guarantees of independence and impartiality in our legal order, and how this intersects with selection of new judges, the financial security of judges, non-depositability and non-translatability of the judge, and so forth. A judge may have two roles in criminal law: a perpetrator and a subject the attack. The first role is the judge who commits the crime in connection with the performance of their office. I analyse the offences of Accepting Bribes, Abuse of Competence of Public Official and Negligent Obstruction of Duty of Public Official. On the other hand, the legislator tries to punish crimes affecting the independence and impartiality of the judiciary when the attack is directed at the judge. There are several crimes, where the judge is the subject of the attack, whether it is Bribery, Indirect Corruption, or Interfering with Independence of Courts, Violence against Public Official etc. However, protection of the judiciary can also be found in other...
Sanctioning of legal persons
Karnet, Vojtěch ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Sanctioning of legal persons Abstract The criminal liability of legal persons was introduced into the legal system of Czech republic by the Act no. 418/2011 Coll., Act on Criminal Liability of Legal Persons and Proceedings against them which came into effect on the 1st of January 2012. It is a problematic that was highly debated even before the respective law was created and its introduction into the legal system was closely followed by most of our experts in the field of criminal law. We can still see a big interest in how this problematic functions to this day, more than 8 years after its adoption. This interest became the main motivation for the creation of this thesis. This thesis focuses mainly on the 3rd part of the above stated Act which means it concetrates on the individual sanctions applicable in relation to legal persons and how they are being used in the decision-making process of the courts of Czech republic. The demonstrate these outcomes a statistic of sanctions applied against legal persons was created. This statistic then serves as a basis for authors conclusions in relation to individual sanctoins as well as a more complex conclusions regarding the whole problematic of sanctioning of legal persons in Czech republic. There were many sources used in order to create this thesis such as...
Sanctioning of legal persons
Kratochvílová, Kateřina ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Sanctioning of legal persons Abstract This thesis focuses on criminal responsibility of legal persons, with an emphasis on sanctioning. The thesis examines the Act No. 418/2011 Coll., On Criminal Liability of Legal Persons and the Proceedings against them (hereinafter as "the Act"). Further it evaluates how is the Act applied by the courts and what are the problems resulting from the application of the Act, with focus on sanctioning. The thesis further proposes ideas for improvements, including changes in legislation de lege ferenda. The diploma thesis consists of three parts. In the first part the author addresses the basic concepts of criminal responsibility of legal persons, its roots in foreign and international law, and the development of the concept in the Czech Republic. This part further describes the basic institutes of corporate criminal liability, including imputability of criminal act to the legal person, followed by explanation of the concept of exculpation and related case law. Part Two focuses on sanctioning of legal persons from the theoretical perspective. It addresses the basic institutes of sanctioning of legal persons, the purpose and the principles of sanctioning, followed by the analysis of each sanction included in the Czech Act on Criminal Liability of Legal Persons and the...
Criminal and Criminological Aspects of the Rape Crime
Koukalová, Tereza ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Criminal and Criminological Aspects of the Rape Crime Abstract This master thesis deals with the crime of rape within the meaning of Section 185 Act No. 40/2009 Coll., the Criminal Code. The thesis analyses the criminal as well as criminological aspects of this crime and is therefore divided into two parts. The aim of the author of this master thesis was not to give a complete and all-inclusive interpretation of the crime of rape, but rather to give the reader a comprehensive understanding of the problem of this crime in a way that would as well as an informed reader allow so people without a deeper knowledge of this area of criminal law. The first part of the thesis is devoted to the criminal aspects of the crime of rape and deals with the historical development of this crime from the very beginning of civilized society and its influence on the contemporary legislation. The chapter dealing with the current regulation of the crime of rape then discusses its basic features, the aggravating circumstances and the developmental stages. Subsequently, the thesis deals with the issue of the crime of sexual coercion and the crime of sexual abuse and their similarities to the crime of rape, as well as significant differences between them. The second part of the thesis is devoted to the criminological aspects of the...
Contentious issues of necessary defence in judicial practise
Králová, Jana ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Contentious issues of necessary defence in judicial practice Abstract This thesis discusses necessary defence and its contentious issues which appear in judicial practice of Czech courts. It is one of the conditions precluding illegality stated in the section 29 of the Penal Code. Which means that a criminal offence is not committed if legal requirements for conduct in necessary defence are fulfilled. These requirements are that the defence should avert an impending or progressing attack to an interest protected by the Penal Code as well as not to be obviously grossly disproportionate to a manner of an attack. Necessary defence is an important institute of criminal law because it may affect everyone, and for this reason it has often appeared in the media and some cases even provokes social discussion on its legal regulation. The goal of this thesis is to analyse contentious issues appearing in court decisions such as possibility and manner of usage of a weapon or automatic defensive device, evaluation of motive to an act in necessary defence, comparison of protected interests, for example protection of life and health against protection of property or domestic freedom, consideration of an existence and a term of attack and related apparent necessary defence, the difference between mutual assault and...
The position of the public prosecutor in the preparatory criminal proceeding
Tykalová, Štěpánka ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
1 The position of the public prosecutor in the preparatory criminal proceeding The submitted rigorous thesis contains an analysis of competencies of the public prosecutor within the execution of the supervision over maintaining the legality in the preparatory criminal proceeding in accordance with the current legislation specified in the Criminal Procedure Code. The preparatory criminal proceeding is the first, pre-trial, stage of criminal proceeding. The objective of this stage is to reinsure that the suspicion of the commitment of a crime by a certain person is sufficiently sustained and that the evidence proving the guilt of the accused person has been obtained in order to file an indictment or agreement on the guilt to court. The position of the public prosecutor in the preparatory criminal proceeding is crucial, because it is he, who bears the full responsibility for results of this criminal stage. Active performance on the supervision of the preparatory proceeding by the public prosecutor ensures that the police authorities act in accordance with the Criminal Procedure Code, follow the basic principles of criminal procedure and that the fundamental rights of suspects are protected in order to avoid excess of the police. The thesis consists of four parts. In the first part I describe the concept of the...
The concept and legal consequences of the transgression of the limits of self-defense and necessity
Končický, Ivan ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The concept and legal consequences of the transgression of the limits of self- defense and necessity The subject of this thesis is the concept and legal consequences of the transgression of the limits of self-defense and necessity. The aim of the thesis is to analyze legal regulation of necessity, self-defense and legal consequences of the transgression of their limits by the academic literature and case-law and on that basis answer the questions outlined in the introduction of this thesis. During that the thesis pays most attention to questionable or interesting issues of this topic. The previous conclusions in connection with knowledge from foreign legislation are the basis for de lege ferenda considerations. In addition to the traditional de lege ferenda considerations the thesis also attempts to address new topics that may affect these institutes in the future. The topic of the thesis is described in four chapters. Necessity and self-defense belong to the circumstances excluding unlawfulness therefore the first chapter of this thesis which is an introduction to the whole issue deals generally with circumstances excluding unlawfulness and their position in our legal environment. The second and third chapter deal with the institutes of necessity, self-defense. Transgression of the limits of...

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