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Crime of murder and killing under Section 140 and 141 of the Czech Criminal Code
Krůčková, Adéla ; Hořák, Jaromír (advisor) ; Dvořák, Marek (referee)
The title of the thesis: Crime of murder and manslaughter under section 140, 141 of the Criminal Code Abstract: This master's thesis focuses on the analysis of the crimes of murder and manslaughter under sections 140 and 141 of Act No. 40/2009 Coll., The Criminal Code. The aim of this work is a comprehensive analysis of both of these crimes and their differentiation in judicial practice, utilizing available professional literature and case law. The thesis is structured into four chapters. The first chapter describes the historical development and gradual changes in the regulation of intentional killings, ranging from the period of the first Czechoslovak Republic to the adoption of the current Criminal Code. The second chapter is dedicated to the analysis of intentional killings under the current legal framework, specifically the crimes of murder and manslaughter. These crimes are characterized in the thesis by the elements of their factual constitutions, which are thoroughly examined. The chapter distinguishes between simple murder and premeditated murder. Attention is also given to circumstances governing the application of a higher penalty. The preparation of murder is explored, as well as the delineation between mere contemplation or expression of the idea to commit the crime of murder and...
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The Position of the Police Authority in Pre-Trial Criminal Proceedings
Jaňovka, Jan ; Musil, Jan (advisor) ; Hořák, Jaromír (referee)
Abstract, key words The Position of the Police Authority in Pre-Trial Criminal Proceedings One of the aims of the presented work was to find out what is the position of the police authority in the Czech criminal preparatory proceedings. I was also concerned with its relationship to other authorities and in particular to the public prosecutor's office. In the initial historical excursus I briefly dealt with the legal regulation in the field of criminal proceedings in the period from 1918 to the present. In the next chapter I described the types and legal regulation of the various police authorities, including the resolution of jurisdictional disputes between them. I then examined, by looking at the structure of the tasks performed by police authorities, the actual position of the police authority in contemporary criminal proceedings. I examined its procedure at the various stages of the pre-trial proceedings and what its relations are with other public prosecutor and the court. In the third part I described the position and organisation in the Federal Republic of Germany. I have described the tasks of the police in criminal proceedings. This showed that criminal proceedings in Germany are considerably faster and less formal. As far as Czech criminal proceedings are concerned, the public prosecutor has...
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Indirect perpetration
Demel, Jakub ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Indirect perpetration Abstract The thesis undertakes the institute of indirect perpetration, the nature of which is the use of another person whose liability is limited or is not criminally liable for committing an offence. It is an indispensable part of criminal law; many perpetrators of a crime would escape with impunity without its existence. The thesis deals with the Czech regulation of indirect perpetration. It aims to describe this institution's valid and effective legal framework using specialized literature, specialized articles, commentary on the law, judgments, and other sources. The thesis is divided into four chapters (excluding the introduction and conclusion), which are then divided into subchapters and sections. The first chapter depicts the genesis of the institute, from the time when indirect perpetration had no legal basis in criminal codes up until current legislation. The second chapter deals with the issue of direct and indirect perpetration, first defining the conditions for the perpetrator's criminal liability, which are age, sanity, intellectual and moral maturity in the case of juveniles, and special characteristics, capacity, or status in the case of special subjects and specific subjects. The chapter then focuses on the legal regulation of indirect perpetration, the fundamental...
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The issues of juvenile criminal justice
Jedlička, Martin ; Hořák, Jaromír (advisor) ; Beranová, Andrea (referee)
The submitted thesis deals with problems of juvenile justice. The emphasis is put on the Czech legislation, represented primarily by the special Act No. 218/2003 Coll., on the liability of youth and juvenile justice and on the amendment of some laws (Act on Juvenile Justice), which contains a substantive law part and a procedural law part. I chose this division for the thesis as well. The aim of the thesis is to identify, to review and to carry out an analysis of the Czech legislation and to point out its contention parts. The thesis is divided into three parts. The first part deals mainly with the historical development of juvenile justice in our territory in the last 100 years and general aspects of the Act on Juvenile Justice. A separate chapter of the first part is about the concept of restorative justice, its use in the Czech legislation, but also in documents, directives and resolutions at the European level and United Nation level. The second part is focused on selected aspects of substantive law regulation, such as minimum age of criminal responsibility, mental and moral maturity, moral development of children, measures imposed on youth and relationships between these measures. In the last part I deal with selected aspects of procedural law, including the role of the Probation and Mediation...
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Criminology prognosis
Příhonská, Lucie ; Hořák, Jaromír (advisor) ; Beranová, Andrea (referee)
Criminology prognosis Abstract The subject of this thesis is criminological prognosing, specifically the methodologies used in the process of prognosis creation. The thesis' aim is twofold: to present the possible ways of reaching a relevant prognosis, and to introduce new findings from research done in other countries with regards to the prediction of crime perpetration and recidivism. The first part of the thesis presents the overall methodology used in the creation of criminological prognoses in the Czech Republic, while the second focuses on specific methods of predicting offenders' behaviour in the same geographic area. The conclusion presents several studies done in other countries which looked into criminal offenders from several angles, with their primary focus being the predictors of a future criminal career. Key words: criminology prognosis, prediction, methodology
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Manifestations of Restorative Justice in Czech Criminal Law
Kusáková, Nikol ; Tejnská, Katarína (advisor) ; Hořák, Jaromír (referee)
This diploma thesis focuses on the concept of restorative justice within the framework of Czech criminal law. It initially centres on the concept of restorative justice itself and subsequently explores its manifestations within both substantive and procedural Czech criminal law. This diploma thesis aims to provide a comprehensive overview of the state of restorative justice within Czech criminal law and offer insights into potential future developments and improvements to the Czech criminal justice system to foster a more restorative approach to justice. The thesis analyses and evaluates Czech criminal law elements with restorative potential and examines how they adhere to restorative principles of restoration, voluntarism, participation, reconciliation and reintegration. The author draws mainly from legal regulations, commentaries, domestic and international scholarly literature, scientific studies, and statistical data. The thesis is structured into six chapters. The first chapter delves into the core concept of restorative justice, its fundamental values and principles, while also defining key terms such as punishment, the purpose of punishment, and retributive justice. The next chapter examines the manifestations of restorative justice in substantive criminal law, with a focus on alternative...
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Crime reporting and its criminological significance
Jambor, Petr ; Hořák, Jaromír (advisor) ; Tejnská, Katarína (referee)
Crime reporting and its criminological significance Abstract The diploma thesis is divided into ten chapters, the first chapter deals with the reporting actions of natural persons, legal persons, public authorities and the related reporting obligation, the reporting authorization. The second chapter considers the importance of reporting criminal activity for the initiation of criminal proceedings, the basic principles that have an impact on the procedure of the prosecuting authorities after receiving a criminal notification and a criminally relevant complaint. The third chapter deals with the obligation to receive criminally relevant complaints and notifications, the actions of law enforcement authorities following the receipt of a complaint and the initiation of criminal proceedings. The fourth chapter provides the description of the most important legal institutes through which law enforcement authorities learn about facts reasonably indicating that a crime has been committed. The subchapters also include anonymous submissions, abuse of criminal reporting, private and subsidiary action - an institute appearing in some continental criminal Codes and discussed for reintroduction in the older substantive intention of the draft of the new Criminal Procedure Code. In relation to the reporting of criminal...
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Protection of a victim of a criminal offences
Šimůnková, Pavlína ; Tejnská, Katarína (advisor) ; Hořák, Jaromír (referee)
Dispute over legal impacts on victims has always been a discussion as well as protection of victims subjected to crime. Study of victims of crime (also known as "victimology"), victim typologies, terminology difference between victimhood and victimology will be mentioned in the very first paragraph in addition to introduction of protection victims of crime issue. Thereafter comes breakdown of phases to which a victim is subjected to throughout the offence. Victims of crime is main highlight of second chapter, followed by its definition and typology of victims, difference between terminology of victim according to criminal justice act and victim according to code of criminal procedure. As the topic advances, third chapter approaches with developmentments in the law within domestic jurisdiction, its subject being protection of victims of crime. Analysis of fundamental law is the main highlight of this chapter, breaking down its influence on victims' protection throughout the past up to nowadays and ongoing procedures. Last but not least, subjects providing protection for victims of crime will also be mentioned. Following chapter is quoting specific sections of Criminal Justice (Victims of Crime) Act, focusing on victims' rights. Breaking down into individual acts of law, its appliance during court...
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Alternatives to unconditional sentence of imprisonment
Košárková, Barbora ; Šelleng, Dalibor (advisor) ; Hořák, Jaromír (referee)
Alternatives to unconditional sentence of imprisonment This thesis examines selected alternative punishments to imprisonment. In particular, it focuses on home arrest (including electronic monitoring), community service and fines, in the context of the Czech and Dutch legislation. The first chapter describes the concept and purpose of punishment, while the first subchapter introduces the different concepts of punishment and the second subchapter presents the different theories of punishment, the purpose of punishment and its use in the legal system of the Czech Republic. The next three chapters are devoted to restorative justice, probation and mediation and finally to the concept of alternative punishment in general. Chapter five focuses on the regulation of alternative sentencing in the Czech Republic. It is divided into six subchapters, where, after a general introduction and introduction of an important amendment to the Criminal Code. The following three subchapters cover the punishment of house arrest, community service and fine. These subchapters are then divided into the historical development of the punishment in question, its characteristics and definition, the imposition of the punishment in question and the imposition of adequate duties and restrictions, the conversion of the punishment...
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Crime in time of emergency
Novotná, Terezie ; Šelleng, Dalibor (advisor) ; Hořák, Jaromír (referee)
Crime in time of emergency Abstract The subject of this thesis is crime in times of states of emergency declared during the 21st century. The aim of the thesis was to identify the relationship between crime and states of emergency, to present the states of emergency declared in the 21st century and to show their role in the criminal code along with their use in judicial practice. The states of emergency that have been declared can be divided into two categories, namely states of emergency due to natural disasters and states of emergency during the pandemic of the COVID-19 disease. The thesis describes the states of emergency in 2002, 2006 and 2013 that had floods as a cause, the state of emergency during Hurricane Kyrill in 2007 and the states of emergency that were declared in 2020 and 2021 during the pandemic of the COVID-19 disease. The paper also focuses on crime outside of emergencies and there is a comparison with crime during emergencies. Based on police statistics, the evolution of registered crime between 2011 and 2021 is analysed. Subsequently, the focus is on registered crime during times of natural disasters and then during the COVID-19 pandemic. In the Criminal Code, the state of emergency is already found in the three basic facts of criminal offences, and it also occurs as a generally...
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