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Problematics of Child Pornography in Criminal Law
Sveykovská, Barbora ; Říha, Jiří (advisor) ; Bohuslav, Lukáš (referee)
The thesis focused on the problematics of child pornography in criminal law. Its goal was to describe the relevant legal regulations concerning child pornography in the Czech Republic and subsequently compare them with the legal framework of the United States. The thesis aimed to highlight problematic aspects in the current context that lawmakers should address in potential amendments. Specific modifications to the current Czech legal framework were also detailed in the text. The structure of the thesis includes an introduction, six chapters further divided into sub- chapters, and a conclusion. Given the thesis's topic, the prevailing method is description, and in individual sections, optionally, the methods of analysis, comparison, and synthesis are used. In the first chapter, the author focused on significant milestones in the historical development of pornography, ranging from ancient Roman mentions through the invention of the printing press to the emergence of the internet. However, the focus remained on pivotal moments of historical background, rather than an exhaustive history of child pornography. The second chapter, the most extensive one, analyzed the legal regulation of child pornography. It comprised four sub-chapters, progressively presenting the most crucial aspects of international...
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Moral criminality and its prevention
Janů, Veronika ; Bohuslav, Lukáš (advisor) ; Říha, Jiří (referee)
Moral criminality and its prevention Abstract The aim of the thesis dealing with moral criminality and its prevention is to provide a comprehensive overview of this type of crime. In particular, the thesis focuses on the impact of these crimes, which account for only 2% of the total registered crime in 2023, on the victim and presents questions on how best to protect the victim or prevent the crime from being committed. The thesis initially defines the basic concepts related to moral criminality. It also addresses the question of what morality is and how it affects the commission of sexually motivated crime. It then examines the legal regulation of moral criminality within the Czech legal system, with an emphasis on Act No. 40/2009 Coll., the Criminal Code. Within the framework of international regulation, it covers a range of international institutions, focusing mainly on documents of the United Nations, the European Union and the Council of Europe related to moral criminality. A large part of this chapter is devoted to the issue of ratification of the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, also known as the Istanbul Convention. The fourth to sixth chapters analyse in more detail the individual offences falling under the heading of moral...
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Problematic aspects of the legal regulation of the crime of rape and its posibble redefinition
Macková, Zuzana ; Bohuslav, Lukáš (advisor) ; Říha, Jiří (referee)
Problematic aspects of the legal regulation of the crime of rape and its posibble redefinition Abstract The thesis deals with problematic aspects of the crime of rape, especially with regard to the current social pressure to redefine this crime. The introduction of the thesis is devoted to a brief historical development of the legal regulation of the crime of rape and foreign comparative analysis of the Czech legislation with the legislation of Slovakia, Sweden and France. An integral part of this thesis is also an analysis of selected criminological aspects that are important in relation to the issue of the crime of rape, in particular a statistical analysis of reported and clarified cases of rape, the issue of latent criminality and the characteristics of the perpetrator and the victim of rape. The next part of the thesis is a summary of the most important decisions of the criminal courts in the field of the crime of rape, especially in relation to the interpretation of problematic concepts, which are crucial for assessing the necessity of redefining the crime of rape. Subsequently, the thesis analyses the current legal regulation of the crime of rape in the Czech Republic and assesses the necessity of changing this legal regulation, precisely with regard to the identified shortcomings of the current...
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Crimes related to the abuse of addictive substances
Novák, Josef ; Říha, Jiří (advisor) ; Richter, Martin (referee)
Crime related to substance abuse This thesis focuses on the issue of crime related to substance abuse and, in particular, on the issue of relationship between property crime recidivism and drug use. Drug use is widely recognised as a known criminogenic factor. The relationship between drug use and crime in general has been the subject of many research studies and scientific papers in the past. Property crime recidivism in relation to drug use is a similarly problematic issue. The successful reduction of recidivism rate is usually considered as evidence of effective criminal justice policy. Alongside this, property crime represents a significant proportion of total crime. Moreover, property crime is characterised by a higher recidivism rate than other types of crime. In practice, there are often visible signs of a possible link between these phenomena. A closer examination of the issue of property crime recidivism in relation to drug use raises many questions. Is there a relationship between these phenomena? And if so, is this relationship reflected enough in the interventions used to reduce recidivism? This thesis therefore analyses each of the sub-issues (drug use, property crime, criminal recidivism) in order to identify the possible relationship between property crime recidivism and drug use. It...
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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...
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Criminal procedure in front of a single judge
Hassmannová, Valentýna ; Říha, Jiří (advisor) ; Bohuslav, Lukáš (referee)
1 Proceedings before a single judge Abstract The topic of this diploma thesis is criminal proceedings before a single judge and its purpose is to provide a comprehensive interpretation of the legal regulation related to this special type of proceedings, outline problematic questions, answer them and to present own considerations related to possible future legal regulation. The author of this thesis has also focused on the institutes related to proceedings before a single judge, namely the criminal order and the lay element in criminal proceedings. The thesis draws mainly from the literature, commented legal regulations, case law of the courts and professional articles. The thesis is based on the methods of description, analysis and comparison. In the first chapter of the thesis, the author describes the historical development of the proceedings before a single judge and the judicial organization. The historical excursion begins in 1848, when some basic principles of criminal procedure were established, which are still applied today, and therefore meant the beginning of modern criminal procedure. The chapter gradually discusses the most important legal regulation of the time, up to the period of the socialist state, when the legislation of proceedings before a single judge into the Czech legal system was...
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Reasoning of Sentences by Regional Courts
Forman, Petr ; Drápal, Jakub (advisor) ; Říha, Jiří (referee)
Reasoning of Sentences by Regional Courts Abstract This diploma thesis addresses the question of the sufficiency of reasoning of the criminal judgement by regional courts. In the theoretical part, I focus primarily on arguments for the necessity of proper reasoning of the judgement, stemming from both the law and fundamental legal principles. Furthermore, I delve into the context of sentence reasoning within our legal system, as well as the jurisprudence of the European Court of Human Rights, along with their purposes, requirements, and shortcomings. Last but not least, I attempt to present an approach that would help minimize the typical shortcomings of reasoning. The theoretical segment thus gradually answers the following questions concerning reasoning: Whether to reason at all, what does the law, theory, and jurisprudence say about reasoning, why to reason, how not to reason, and how to reason. Thus, it comprehensively covers all essential aspects of reasoning including common arguments both for and against various forms of reasoning. In the empirical part, I will present an analysis of 300 decisions made by regional courts. The research question posed was, "Is the sentence reasoning provided by regional courts sufficient?" This question encompasses various sub-questions and aspects that were documented...
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Agreement on guilt and punishment
Bolek, Tobiáš ; Říha, Jiří (advisor) ; Bohuslav, Lukáš (referee)
The subject of this master's dissertation is agreement on guilt and punishment, which was incorporated into the Czech legal system in 2012. It is one of the juridical institutes that intends to achieve faster and more effective criminal proceeding. The agreement on guilt and punishment is inspired by a similar juridical institute of plea bargain originating from the Anglo-American legal system. The essence of agreement on guilt and punishment is the conclusion of an agreement between the prosecutor and the accused, whereby the prosecutor may offer a lighter sentence to the accused in exchange for a declaration by the accused that he has committed the act for which he is being prosecuted. This is an alternative form of proceeding, as the accused can avoid the standard form of criminal proceeding altogether by entering into this agreement. In the first chapter, I discuss the history of the legislative process, as the institute of agreement on guilt and punishment in the Czech Republic has undergone a rather complicated process. I also deal in detail with older legislative attempts, as many academic works on the same or similar topics do not pay much attention to older proposals. In the second chapter, I analytically describe and comment on the current legal regulation of agreement on guilt and...
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The Unfit Preparation and Attempt of Criminal Offence
Smutná, Nikola ; Hořák, Jaromír (advisor) ; Říha, Jiří (referee)
The diploma thesis deals with unfit preparation and unfit attempt of a criminal offence. The issue of the criminalization of unfit actions is nothing new in jurisprudence, yet it is still a topical issue. Due to insufficient legal regulation, the low number of cases resolved before the courts and little interest on the part of the professional public, many questions remain unanswered. Act No. 40/2009 Coll., Criminal Code, does not offer a solution. It does not explicitly regulate the criminalization of unfit actions, the institute is mentioned only in a single provision, namely in § 46 paragraph 3 on abandonment of punishment. The legislator therefore left the definition of criminality and the procedure for imposing punishments for unfit actions to theory and practice. The aim of the thesis is to provide a comprehensive explanation of the unfit preparation and unfit attempt of a criminal offence, to analyze the individual problems associated with this institute and to propose their solutions. The text of the thesis is divided into a total of nine chapters. The first briefly discusses the developmental stages of the crime, the others are focused purely on unfit preparation and attempt. In the second chapter, this institute is first defined, followed by a discussion of criminality according to...
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The crime of theft according to section 205 of Czech criminal code
Pokorný, Tomáš ; Bohuslav, Lukáš (advisor) ; Říha, Jiří (referee)
The crime of theft according to section 205 of Czech criminal code Topic of this diploma thesis is the legislation of the crime of theft according to section 205 of the Czech Criminal Code. The aim of this diploma thesis is to conduct an analysis of the currently effective Czech legislation of the crime of theft in the Czech Criminal Code and at the same time subject legislation in fitting cases to critical evaluation or else propose it's modification. Simultaneously the aim of this thesis is to conduct analysis of the judicial practice in time of the state of emergency during COVID-19 pandemic using selected relevant judgements and alternatively subject it to criticism. Final aim of this thesis is to compare the Czech legislation of the crime of theft in the Czech Criminal Code to legislation of the crime of theft in the German Criminal Code with the aim to identify their main differences. Diploma thesis is divided into four separate chapters where individual chapters are further divided into subchapters except the first chapter. The first chapter forms introduction into social problems of the theft phenomenon. This chapter briefly defines importance and status of the crime of theft in a society considering its historical genesis. Second chapter forms the main part of the thesis consisting of the...
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