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Criminal sanctions in Czech criminal law regarding the protection of children in the case of repeat offenders
Pečová, Veronika ; Richter, Martin (advisor) ; Bohuslav, Lukáš (referee)
Criminal sanctions in Czech criminal law regarding the protection of children in the case of repeat offenders Abstract The diploma thesis is devoted to the current legal regulation of protection of children against recidivist behaviour of offenders, its evaluation from the point of view of sufficiency and comparative analysis of foreign regulation. The aim of the thesis is mainly to present the current legislation, including the international legal basis on which it is based, to evaluate its sufficiency and to compare it with foreign legislation. The thesis concludes with an analysis of the government's forthcoming proposal for a sex offender registry, including an outline of its pitfalls. The sex offenders' register is now a much-discussed political topic. There are calls from both the professional and lay communities for a new regulation to help prevent the increasing relapse of offenders who commit crimes against children. The pressure from society has intensified with well-known cases in the media that have shaken society and exposed the many shortcomings of the current regulation. The political environment has responded to this impetus and discussions regarding the development of a sex offenders' register are now in their second year. However, the proposal is still not finalised as there is currently...
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Criminal liability in healthcare with focus on an analysis of Czech and Slovak court rulings
Kodýmová, Kateřina ; Bohuslav, Lukáš (referee)
1 Criminal liability in healthcare with focus on an analysis of Czech and Slovak court rulings Abstract This master's thesis deals with the issue of criminal liability of healthcare workers. The aim of this thesis is to create a comprehensive overview of the Czech legislation of the relevant part of criminal law and individual institutes of medical law and to present related case law. Slovak legislation is used for comparison. The thesis consists of six parts, the first chapter is focused on the legal regulation of medical law and its international and national sources. It also deals with types of legal liability of healthcare professionals such as civil, labour, administrative and disciplinary liability. The second and one of the most extensive chapters approaches criminal liability and its necessary conditions. It describes the current concept of crime in more detail as well as the analysis of the necessity of the principle of subsidiarity of criminal repression. It also includes legal regulation of criminal liability of legal entities. The third chapter is dedicated to a cardinal concept - lex artis as an appropriate level of expertise, which contains a number of obligations that every healthcare worker must comply with. The process of proving criminal liability of medical workers in criminal proceedings...
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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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Comparative analysis of Criminal Liability of autonomous driving and strong artificial intelligence
Nanos, Andreas ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee) ; Šcerba, Filip (referee)
XXV Abstract: The rapid development of artificial intelligence (AI) has raised important legal and ethical questions regarding the potential criminal liability of AI systems. This comparative analysis explores the distinctions in criminal liability between weak and strong artificial intelligence, considering their varying levels of autonomy and decision-making capabilities. The study begins by defining weak and strong AI, with weak AI referring to systems that are narrowly focused and exhibit limited autonomy, while strong AI denotes systems capable of general intelligence and independent decision-making. It then delves into the legal frameworks governing criminal liability and encompassing traditional legal principles and legislation. Drawing on relevant case law, the analysis examines the challenges of attributing criminal responsibility to weak AI. Due to their limited autonomy and reliance on human input, weak AI systems are typically treated as tools rather than independent agents. Consequently, liability is more likely to be assigned to the human actors responsible for designing, operating, or utilizing the AI system, rather than the AI system itself. In contrast, strong AI presents unique legal and ethical complexities. With their potential to exhibit cognitive abilities akin to human intelligence,...
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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...
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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...
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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...
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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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