National Repository of Grey Literature 319 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Insolvency crimes
Suchomelová, Veronika ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
Title: Insolvency crimes Abstract The aim of the submitted rigorous thesis to give a comprehensive overview about specific category of crimes related to contractual obligations between creditors and debtors, bankruptcy and its solution in insolvency proceeding. At first, the thesis analyzes the main concepts, "crime" and "bankruptcy". The thesis also includes historical excursion to former legislations of insolvency crimes in the penal law in the territory od today's Czech Republic, as well as off criminal legislation directly related to bankruptcy offences. This historical outline should clarify whether the current legislation on insolvency crimes has inspired a past adjustment or whether it has come up with a new concept of punishing this group of crimes. One of the primary aims of this thesis is to assess whether, in the case of criminal liability for crimes classified as "insolvent", one of the fundamental principals of criminal law, namely the principal of subsidiarity of criminal repression, is applied consistently. A picture of this isme can be made both from the actual text of the thesis and from the annex part, which shows the number of prosecuted and convicted persons for committing individual insolvent crimes in period 2009 - 2016. The core of the thesis is an analysis of individual crimes that...
The Right to Defense in Criminal Proceedings
Hejdová, Petra ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The Right to Defense in Criminal Proceedings - Abstract This rigorosum thesis deals with the issue of the right to defense in criminal proceedings. It aims to provide an overview of its effective legal regulation de lege lata and it also focuses on its problematic aspects. Contemporary interpretative issues are being analysed and also suggestions how to solve them are presented. The thesis is divided into three parts. Whereas the first part is dedicated to the subject of general legal regulation incorporated in the European Convention on Human Rights, the second part includes an analysis of this matter in the Czech legal order and the last part comprises of a thorough study of detailed legal regulation of the specific institute of mandatory defense in the Czech Republic. In the first part of the rigorosum thesis, the right to defense is initially put in the context of the right to a fair trial where its individual specific elements are examined with regard to the European Convention on Human Rights. Given the quite vague formulation of minimal rights set out in the European Convention on Human Rights that only in their complex state form the right to defense in its entirety, the thesis aims to solve unclear aspects of its interpretation as a whole. Grounds for these suggestions are based upon the case law...
Military Police in preliminary proceeding - regulation in legislation and bylaws
Malý, Václav ; Vokoun, Rudolf (advisor) ; Tejnská, Katarína (referee)
Military Police in preliminary proceeding - regulation in legislation and bylaws Abstract The Military Police is a significant and specific police body. Recent statutory amendments have substantially bolstered the function of the Military Police in criminal proceeding. The significance of the Military Police is raised as well thanks to increased investments in the Armed Forces and overall in the Ministry of Defense. There is a lack of theses or specialist reports concerning the legal status of the Military Police in criminal proceeding. The main source of information concerning the legal status of the Military Police in the before- court phase of criminal proceeding or preliminary proceeding is the legislation; particularly an analysis of the Criminal Code and the Military Police Act. However, such information is not complete. Information concerning application of the legislation may be gained by analysis of the Military Police bylaws and by the comparison of legislation and bylaws. The Military Police bylaws had not been analyzed in a thesis until now. Thus, this thesis brings a unique view into the functioning and operation of this police body. The goals of this thesis are as follows: The main goal is to provide a complete overview regarding the legal status of the Military Police. That means to describe...
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...
The Crime of Dangerous Threatening under s. 353 Criminal Code
Friedrich, Milan ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The crime of Dangerous threatening under s. 353 Criminal Code Abstract This thesis is focused on the crime of Dangerous threatening under s. 353 Criminal Code (Act no. 40/2009 Coll.) and firstly aims to analyze and interpret its elements in the light of the relevant case law. Further, this thesis aims to find corresponding crimes in the U.S. legal system, namely under the common law, the Model Penal Code and under the Florida Statutes, then this thesis aims to compare such American crimes with Dangerous threatening, to point out main differences between the jurisdictions, to evaluate Czech Dangerous threatening and finally to propose recommendations de lege ferenda. Firstly, this thesis analyzes the classification of Dangerous threatening within the Czech criminal law and focuses on the history and evolution of the crime of Dangerous threatening on the territory of the Czech Republic starting with the Austrian Criminal Code from 1852. Further, this thesis analyzes the crime of Dangerous threatening and interprets its elements in the light of the relevant case law, whereas a particular attention is paid to the actus reus, in particular to the interpretation of threatening to cause other serious harm and the ability of a threat to raise reasonable fear. Subsequently, this thesis focuses on the punishing the...
Development and other perspectives of drug offences
Lucký, Matyáš Teodor ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The subject of this thesis is the criminal law governing the manipulation of psychoactive substances or so-called drug offenses. For the purposes of the thesis the term psychoactive substances is equal to the term narcotic drugs and psychotropic substances as used in Act 40/2009 Coll., Criminal Code. Special attention is then paid to the real impact of this regulation in the area of drug related issues. The first chapter maps the development of laws governing psychoactive substances from antiquity to present day while observing the repetitive trends in the historical legal approach. The attention is also paid to the modern development in this area in the international field, with particular focus the most important conventions signed during the twentieth century and the gradually increasing role of the European Union. The changes in the legal treatment of drug offenses on Czech territory are then described in more detail, the current Czech legislation being one of the main focuses of the thesis. The individual drug offenses contained in Sections 283 to 287 of Act No. 40/2009 Coll., Criminal Code, are discussed in further detail also taking into account the relevant case law and any problems encountered in their practical application. Due to the interdependence of criminal and non- criminal norms it's...
Crime preparation
Verner, David ; Vokoun, Rudolf (referee)
The master's thesis comprehensively deals with the issue of the preparation of a criminal offence and other disputable questions related with this stage in the commission of a criminal offence. The emphasis is mainly put on its definition in the Czech criminal law, taking account of relevant judicial decisions necessary to interpret the relatively brief statutory provisions. The aim of the thesis is to carry out critical evaluation of the current legislation sanctioning preparation, to identify questionable parts and potential shortcomings that may exist in the practice. On this basis I try to suggest solutions to the identified problems or at least to contribute to the discussion about them. The thesis is divided into five parts, the first generally puts the preparation into the criminal law system, describes its various forms, distinguishes it from the other stages in the commission of the criminal offence and briefly describes the historical development of its sanctioning on our territory. The second part focuses on the problematics of the impossible preparation and issues regarding its criminalization and punishing. The third part deals with a specific reason for extinction of criminal liability for the preparation, namely the voluntary refraining from further preparatory acts. The attention is...
The status of the state prosecutor in preparatory criminal proceedings
Králová, Nicola ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The status of the state prosecutor in preparatory criminal proceedings Abstract The topic of the thesis is "The status of the state prosecutor in preparatory criminal proceedings". This issue is still relevant not only in the area of the criminal law, but also from the point of view of the public. Given the importance of the role of the Public Prosecutor's Office in a democratic state governed by the rule of law, it is necessary for the legislation, which governs the competences of the Public Prosecutor's Office, to respect the present needs of the public. The above mentioned issues resulted in discussion regarding recodification of the criminal proceedings and the Act on the Public Prosecutor's Office. However, the preparation of the new legislation must not overlook possible negatives of an innovative approach. It cannot be assumed that there would be full consensus on all aspects of the legal status of the state prosecutor, but the recodification must not cause systemic failure and paralysis of the state prosecutor's competences. The first chapter deals with the historical development of the Public Prosecutor's Office in the Europe with a focus on Czech territory. The following chapter focuses on the current regulation of the Public Prosecutor's Office in the Czech Republic. It also deals with the power...
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...
Criminological and criminal aspects of organized crime in the Czech Republic
Simetová, Aneta ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The diploma thesis is concerned with the topic of organized crime in the territory of the Czech Republic, in terms of both criminological and criminal law. Chapter One describes the problems with the terminological definition of the term "organized crime", defines the characteristics of this phenomenon and their specificity in relation to other forms of criminal activity. Chapter Two focuses on the causes and developmental changes of organized crime in the Czech Republic in order to highlight the seriousness of this phenomenon. The risks of organized crime are further elaborated in Chapter Three, which aims to familiarize readers with the most frequent organized crime groups operating within the territory of the Czech Republic. The specificity of the crime committed by the organized crime groups is pointed out by using real criminal cases. In order to complete a picture of the activities and structure of the organized criminal groups operating within our territory, this chapter is interleaved with the current statistical data obtained from the Criminal Statistics System of the Czech Republic. Chapter Four focuses on the main means and institutions in the field of the fight against organized crime, their development and the way how they affect the organized crime in our territory. To this end, this...

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