National Repository of Grey Literature 330 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Negligent Obstruction of Duty of Public Official
Kohoutková, Iva ; Richter, Martin (advisor) ; Bohuslav, Lukáš (referee)
Negligent Obstruction of Duty of Public Official Abstract The thesis deals with the analysis of the facts of the criminal offence of negligent obstruction of duty of public official which is contained in Section 330 of the Criminal Code. The thesis also compares it with Polish and German legislation. The thesis aims to provide a comprehensive interpretation of the offence in question. It is divided into four parts. The first part deals with the historical development of the crime of negligent obstruction of duty of public official. It covers the development from the period of the First Republic to the legislation until 2009. The second part contains the analysis of the actual facts of the offence of negligent obstruction of duty of public official. This part is divided into two larger subchapters. The first deals with the interpretation of the basic elements of the offence. Here, one of each feature is subsequently discussed - the object of the offence, the objective aspect of the offence, the subject of the offence and the subjective aspect of the offence. The second subchapter is devoted to the analysis of the circumstances that condition the application of a higher criminal rate. The following section deals with a comparison with the Polish legislation. It first discusses the Polish criminal law in...
Conditional discontinuance of criminal prosecution and settlement in prosecutorial practice - comparison
Blažková, Kristýna ; Šámal, Pavel (advisor) ; Bohuslav, Lukáš (referee)
Conditional discontinuance of criminal prosecution and settlement in prosecutorial practice - comparison At the outset, the first chapter outlines the possible alternatives in criminal proceedings and describes the principles of restorative justice. Following this, the thesis also elaborates on alternative sentences and alternatives to punishment, focusing on diversions. This thesis deals mainly with two diversions in criminal proceedings, which are conditional discontinuance of prosecution and settlement. These diversions are defined and compared using the method of literature search. The second chapter is devoted in detail to the legal conditions for the application of the CDCP. In particular, it discusses in more detail the concept of the offence, the circumstances of the accused's confession and his consent to the application of the CDCP. This chapter also discusses the obligation of the accused to compensate for the damage and to hand over the unjust enrichment and, last but not least, a part is also devoted to the specification of when the application of the CDCP can be considered a sufficient solution. Subsequently, the third chapter is again theoretical and describes the settlement in more detail. It first compares which conditions are the same for a CDCP and a settlement and then discusses...
Agreement Upon Guilt and Punishment as a Tool for Safeguarding Rights of the Accused
Podliska, Vojtěch ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The vast majority of all criminal cases is dealt by so-called diversions of criminal proceedings as the alternative way of dealing with criminal cases. The diploma thesis deals with an agreement on guilt and punishment, which can be considered as this type of special criminal proceedings. Although plea bargaining (agreement on guilt and punishment) is quite a new topic to the Czech legal system, it is often discussed among scholars. In the thesis, I will describe plea bargaining concerning its impact on the rights of the accused. The thesis is divided into 10 chapters, including an introduction and a conclusion. In the beginning (chapters 1 and 2), I will focus on the description of diversions of criminal proceedings as well as plea bargaining. In the chapter 3, I will describe the legal regulation of plea bargaining under the Czech Code of Criminal Procedure. Then, I will focus on the specific areas of plea bargaining having the greatest impact on the rights of the accused, especially the role of the court of law in plea bargaining, its application within the framework of cases with multiple accused and securing of free will of the accused in entering into plea agreement (chapters 4-9). The final part contains legislative proposals de lege ferenda and conclusion (chapters 9 and 10). The outcome of...
Traffic crime and its prevention
Němec, Lukáš ; Říha, Jiří (advisor) ; Bohuslav, Lukáš (referee)
Traffic Crime is a phenomenon that practically everyone can encounter in everyday life. It is a severe society-wide issue that cannot be overlooked. This thesis explores various aspects of traffic crime with emphasis on road traffic, and all of that mostly from criminological and partly from criminal law perspective. This thesis is divided into four parts. The first part looks at traffic crime as a whole, on its definition, severity and its evolution in recent years. It further explores ways in which criminal law enforcement agencies decide crimes in this area and compares the evolution of traffic crime with the evolution of traffic density. In the second part this thesis analyses in detail the most often committed traffic crimes. This part also describes the typical perpetrator of traffic crime and mentions some reasons that lead to the commitment of traffic crime. The lack of societal condemnation of traffic regulations is described as the most important reason. The following part examines the most often committed traffic crimes and some conditions that are required for the fulfilment of their facts of criminal offences. Special emphasis is given to the crime of endangerment under the influence of addictive substances because it is the most often committed traffic crime. In particular this thesis...
Agreement on guilt and punishment
Koblasová, Jana ; Bohuslav, Lukáš (referee)
Agreement on guilt and punishment Abstract The subject of the work is the institute of an agreement on guilt and punishment as a special way of handling criminal cases. The essence of an agreement on guilt and punishment is an agreement between the public prosecutor and the accused, in which the accused confesses to committing the act for which he is being prosecuted, in exchange for imposing a lesser punishment than that which would threaten him in standard criminal proceedings. It is a form of diversion in criminal proceedings, which is intended to speed up and simplify criminal proceedings. The agreement on guilt and punishment is enshrined in the Czech legal system for a relatively short period of time. It was introduced in 2012. As the guilt and punishment agreement did not materialize in practice in the following years, certain changes had to be made. These occurred in 2020 when, for example, an agreement on guilt and punishment was made possible for particularly serious crimes. The work is structured into six chapters. The first chapter deals with the question of whether it is possible to classify the agreement on guilt and punishment among the diversions in criminal proceedings. To answer this question, it was necessary to clarify the very concept of diversion. The work also briefly deals with the...
Alternative punishments as institutes of criminal law in the Czech Republic, their meaning and use in praxis
Neužil, Zdeněk ; Bohuslav, Lukáš (advisor) ; Richter, Martin (referee)
Příloha k rigorózní práci "Abstract" Title: Alternative punishments in criminal law - purpose and use in praxis Topic: Criminal law Author: Mgr. Zdeněk Neužil Abstract This rigorous thesis deals with the topic of alternative punishments and their use within the penal system of criminal law. Alternative punishments are generally defined as punishments (criminal sanctions) that are alternatives to the custodial sentence (unconditional imprisonment) served in prison. The fundamental attribute of alternative punishments is therefore the fact that the application of alternative punishments does not involve the offender's removal from the society and their isolation in prison. The subject matter concerning alternative punishments within the domain of criminal law has garnered increasing significance in recent years. This surge in interest is attributed to the augmented focus on punitive measures, namely criminal sanctions, that do not necessitate immediate imprisonment. In fact, the main benefits of alternative punishments include the elimination of the negative effects related to imprisonment, the reduction of financial costs associated with imprisonment and supporting the use of prison capacities for offenders who commited the most serious crimes. The main objective of this rigorous thesis is to provide a...
Crime Prevention
Marková, Leona ; Tlapák Navrátilová, Jana (advisor) ; Bohuslav, Lukáš (referee)
1 Crime Prevention - Abstract - keywords Abstract The thesis analyses in theoretical terms the topic of crime prevention as one of the two strategies of crime control, as opposed to the other strategy, which is criminal repression. It highlights the priority position of prevention in relation to other methods that can be used to tackle crime in society. It focuses on the theoretical definition of the basic concepts and their meaning with regard to crime prevention, then presents the systematic classifications most commonly present in academic literature, followed by a more detailed look at the breakdown by level and by the content of crime prevention. The system of crime prevention in the Czech Republic is also briefly presented, the effectiveness of which has an impact on the success of the state's crime prevention policy. Furthermore, the thesis focuses on understanding the causes and conditions of juvenile delinquency. In the current dynamic world, young people have a high potential to apply changes in society and influence crime rates. In addition, easy access to modern technology can affect a person's life in many aspects, therefore the topic of cybercrime is also discussed. Moreover, the topic of personal development is studied, particularly in the areas of sports, martial arts, and self-defence....
Criminological aspects of organised crime
Pokorná, Eliška ; Scheinost, Miroslav (advisor) ; Bohuslav, Lukáš (referee)
1 Criminological aspects of organised crime Abstract Organised crime is a serious issue affecting global society. Its influence globally destabilizes order and safety. In this thesis I provide a basic overview of the subject of organised crime and attempt to give a general insight into the main aspects of this phenomenon. Criminological aspects are introduced in the context of conceptualization, typologization and history of organised crime. Legal aspects are also given attention, with attempts to summarize most important legal tools in fighting organised crime. I have also attempted to provide a critique of current legislative measures with predictions about new challenges in controlling organised crime. First chapter focuses on introducing the phenomenon of organised crime. Various definitions of organised crime are explored and compared against one another. Further analysis of individual traits associated with the phenomenon follows. Last part of the chapter is devoted to exploring various criminal activities of organised crime. Second chapter focuses on typologies of criminal organisations. Four typologies are explored in total. First comes the summarization of a terminology by two Czech authors, Scheinost and Musil. Exploration of the typology provided by a United Nations survey follows. Third and...
Conditional discontinuance of criminal prosecution
Háček, Vít ; Bohuslav, Lukáš (advisor) ; Tlapák Navrátilová, Jana (referee)
This diploma thesis deals with individual aspects of conditional discontinuance of criminal prosecution, with a focus on their practical application. The thesis also deals with the advantages of conditional discontinuance of criminal prosecution and its comparison with the agreement on the guilt and punishment, which has undergone a significant renewal in recent years and can be expected to become much more widely used in practice. In its introductory part, this diploma thesis deals with the definition of individual diversions, their position in the criminal law system and their partial comparison. All this is done in relation to the ideas on which some of the diversions in particular are based, i.e. the ideas of so-called restorative justice. This concept emphasizes the settlement of relationships, reparation over repression, and more. In the second part, i.e. the subject part, the diploma thesis deals individually with all the conditions necessary to achieve a conditional discontinuance of criminal prosecution. In practically all of these points, the emphasis is on practical application, and the definition of these terms is as specific as possible so that conclusions can be drawn as to the specific situation in which it is possible to achieve this institution and when, on the contrary, it will...
Substantiation of Electronic Evidence
Krákorová, Simona ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
81 Thesis title Substantiation of Electronic Evidence Abstract Thesis deals with the substantiation of electronic evidence within the framework of criminal procedure. The importance of the issue of obtaining such a category of evidence further intensifies as the technology continues to develop. The various types of crime perpetrators simultaneously leave behind digital traces with regard to almost all cases. Therefore, the author focuses on the issue, whether is it possible to obtain such an evidence effectively. The author concurrently takes into account the question of whether the process of obtaining electronic evidence meet certain threshold of protection of the fundamental rights and freedoms of an individual. Hence, the author analyses the characteristic of the individual relevant procedures. The issue of data retention, in other words the areal data collection and preservation in the light of recent case law as well as the possible adjustments to current legislation is subject to scrutiny. Attention is drawn, inter alia, to the novel procedure which enables preventive preservation of data important for the criminal proceedings. Furthermore, the author takes into account the issue of obtaining the content of the communication by means of electronic mail. Moreover, thesis deals with the partial...

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