National Repository of Grey Literature 146 records found  beginprevious133 - 142next  jump to record: Search took 0.00 seconds. 
Self-defense in the Czech Republic, the Slovak Republic and the Republic of Ireland
Lepáček, Marek ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The purpose of this thesis is to deeply analyze the issue of self-defence as a circumstance excluding an illegality. For its comparison with other countries and for better understanding of its substance this thesis also focuses on the Slovak and Irish legislation of self-defence. For that reason, this dissertation is divided into 4 chapters, where 3 of them talk about self-defence in the different country. The first part briefly displays the evolution of self-defence since 1852. The second part focuses mainly on general knowledge of self-defence and its application in case law. It includes basic defining characteristics, its application in relation to individual offences as well as its relation to automatic self-defending facilities. The third (Slovak) part basically deals with different characteristics of self-defence in comparison with the Czech legislation and considers which legislation is better and why. Moreover, it is talking about what is the significance of differences in practice, which legislation of self-defence is beneficial for a defender and on the other side, which one is easier to abuse. The fourth part focuses on the Irish legislation of self-defence which, as usual in Anglo-American legal system, is primary based on judicial precedents. Because the Irish law is substantially...
Development of legal regulation of drug related crimes
Kabelíková, Kateřina ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
in English Title: Development of legal regulation of drug related crimes The thesis analyzes current criminal legislation in the area of drug-related crimes, compares it with previously effective legislation and outlines ambiguities in interpretation of selected legal terms. Increased attention is paid to legislative changes of the past five years which determine the current situation and future legislative development. The author predominantly focuses on problematic issues and challenged provisions related to the discussed topic which she then examines in detail. In order to provide the reader with a full picture of the topic, opinions of academic and professional authorities are presented. Furthermore, judicial practice of mainly Supreme Court is emphasized, as it plays a key role in interpretation of law. Alongside currently applicable court rulings, obsolete judicature is also quoted in order to help the reader understand the background of the legislation and especially its previous precipitous development. The thesis is divided in five chapters. The first chapter introduces the reader into the topic of addictive substances and defines relevant legal terminology. The second chapter deals with the current legislation in the area of narcotic and psychotropic substances in international, European...
Selected problems of the sport from the perspective of criminal law
Bauer, Petr ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The thesis deals with the issue of criminal liability for actions occurring in the field of sport. Specifically, it chooses and examines the fields of sports injuries caused between athletes and corruption in sport. In its broadest conception it is divided into three parts. In the initial part the specifics of the society-wide phenomenon sport and substantial "non-legal" concepts of issues are described, in particular concept of sport, its category, the autonomy of sport and sport rules are defined here. The main part deals with the issue of criminal liability of athletes for causing injury to another. Whether certain actions involving a sports injury meets the definition of a crime is discussed in the context of current legislation. Followed by the research of the possible application of the concrete legal defenses for mentioned actions. For example researched legal defenses are consent of the victim or excusable risk. In this section are most mentioned and analyzed the selected theories of sports and legal doctrines that are often based on similar concepts as concrete legal defenses. Maybe the most substantial de lege ferenda considerations follow that describe possible solutions involving the definitions of sports excess and the special legal defense - sports risk. The interesting practice of...
Crime of fraud, credit, loan and subsidy fraud under section 209-212 of the Criminal Code
Bártová, Aneta ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
As the title says, this thesis is about the crime of fraud, insurance, credit and subsidy fraud under section 209 - 212 of the Criminal Code. These four crimes against property belong to the group of crimes, which cannot be overlooked, because the total number of sentenced frauds is not low at all. We can also notice that these kinds of frauds are often being mentioned in mass media. The aim of this thesis is not to give an exhaustive explanation of frauds, but to provide reader with a comprehensive overview of these crimes. The thesis is systematically divided into eleven chapters. In the first chapter of the thesis reader can find brief characterization of Chapter V. of the special part in Criminal Code, which regulates property crimes. Second chapter acquaints the reader with the development of provisions of different frauds in the previous Penal Code (Act. No.140/1961 Coll.) since 1962. Firstly, there was only a provision of general fraud under section 250 of Penal Code. However due to the different political regime special kind of fraud was also established, which was placed in the provision called theft of socialist property under section 132 of Penal Code (section 132 was repealed in 1990). As the authorities involved in criminal proceedings had problems with sentencing offenders of...
Residential inspection and inspection of another area and land as allowable intervention into the constitutionally guaranteed rights and freedoms
Děček, Milan ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The subjects of this rigorous thesis are two crucial institutes of criminal proceedings, namely search warrant and other areas search, acts of criminal proceedings bodies that legally limit the inviolability of the home and privacy. The author aims to analyse chosen inviolability of the home and privacy interferences and their constitutional conformity, legal regulation and practice of the courts regarding given institutes. The author analyses, apart from mentioned institutes of criminal law, also selected provisions of the Czech legal order, upon which the inviolability of the home interference arises. Besides search warranty and other areas search and plots can the the inviolability of the home and privacy interferences be seen in other countless cases, especially in the field of administrative law.
Carrying out a search of the premises where a lawyer practises the law
Hřebíček, Vladislav ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Vladislav Hřebíček: Carrying out a search of the premises where a lawyer performs the advokacy Abstract In his thesis, the author deals in detail with the issue of the execution of searches, carried out in the spaces where a lawyer performs advocacy (Art. 85b of the Code of Criminal Procedure). After describing the way of seizing evidence within the Czech criminal proceeding in the first chapter, and consequentially also the contents of the Art. 85B of the Code of Criminal Procedure, including its historical context, he deals with a detailed explanation of the crucial terms (lawyer, performing advocacy, obligation of confidentiality etc.) in the second and third chapters, paying special attention to the question of defining the space where a lawyer performs advocacy (administrative versus functional definition) and the issue of the so called "clouds". In the fourth chapter he deals with the circumstances, under which the lawyer is not bound by the obligation of confidentiality, which is a crucial question maley from the point of view of the judge deciding on replacing the approval of the representative of the Czech Bar Association with the police authority getting acquainted with the contents of the documents seized during the search. In the following, fifth, chapter, the author deals in detail with the...
Crimes relatring to the abuse of addictive substances
Bohuslav, Lukáš ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Crime Related to Substance Abuse The topic of my thesis is Crime Related to Substance Abuse which is focused on drug- related crime. The main aim of this work is to explain drug problematic in penal law consequences to the reader. First Chapter introduces the reader to drug problematic and drug addiction issue including drug crimes, defining health, social, psychological and economic risks and dangers which may be caused by drugs. The drug crimes are divided into few basic categories because of different rational motives why those crimes are committed. Then, several essential terms connected to drug abuse are explained. Second Chapter deals with classifying drugs into several categories and analyzing their different characteristics. Third Chapter concerns with international cooperation, including its history and current international law treaty's on drugs passed within the United Nations. Three essentials applicable and effective treaties are following: Single Convention on Narcotic Drugs (1961), Convention on Psychotropic Substances (1971) and United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988). They involve international regulation and control of narcotic drugs and psychotropic substances. The Czech Republic acceded and signed all of them. Theirs...
The Issue of the Concept of Criminal Custody
Šimek, Václav ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
- The Issue of the Concept of Criminal Custody This diploma thesis deals with the instrument of criminal custody as a security instrument. This instrument is considered as quite controversial in view of the fact that it's usage means the conflict between the interest of the investigating authority to accomplish the purpose of prosecution and person's right to personal freedom guaranteed by the Charter of fundamental rights and freedoms while the accused has to be treated as innocent according to the principle of presumption of innocence. The goal of this diploma thesis is to provide a comprehensive overview of the current legislation of the instrument of custody and also of the problems connected with custody. The thesis is divided into seven chapters including the introduction and the ending chapter. The second chapter deals with the development of the custody legislation in history and major part of the chapter is focused on the Act's of criminal procedure from years 1873, 1950 and 1961. The third and the fourth chapter pay attention to the current legislation which is included in the Act of criminal procedure no. 141/1961 Coll. The third chapter extensively describes the meaning of the term of custody, custody reasons and the alternative instruments which the custody may be substituted with. The...
Criminal defences in Czech and Irish criminal law
Kubíčková, Tereza ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Criminal defences in Czech and Irish criminal law This thesis deals with the analysis of individual elements of criminal defences under the Czech and Irish criminal legal statutes with respect to the conclusions, which are therefrom drawn in theory and practice. The aim of this thesis is to render an overview concerning the distinctions and similarities in understanding, importance and operating of the defences in different law systems, rather than to present an exhaustive commentary on all legal institutes which exclude illegality and as such come into mind. Regarding the fact that Czech and Irish systems of law are subsumed under different legal systems, particular institutes of criminal defences cannot be based on the same rules, principles and theoretical grounds. It shall be noted, that while Czech criminal law is mainly to be found in a single piece of legislation known as the Criminal Law Act, Irish criminal law on the other hand not only has a separate statutory legislation, but also mainly depends on common law. The subject has been processed under consideration of the present-day legal regulation, whereas particular legal institutes are structured in compliance with the structure of the Czech Criminal Law Act. The topics of origin and development of defences has intentionally not been...

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