National Repository of Grey Literature 162 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Criminal Aspects of Involvement of Person in Foreign Armed Enities
Klímová, Petra ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
This rigorous thesis investigates in the context of criminal law the matter of involvement of individuals in foreign armed entities without any particular relationship of the subject individual to the territory in which the armed conflict takes place. With respect to the current security situation, this thesis in its 7 chapters focuses on the phenomenon of "foreign fighters" and foreign terrorist fighters. Both of these terms are defined in the introduction one to another and in relationship with other types of possible involvement of individuals in the context of this theses. These individuals impose significant risk to both the countries of their origin, where they return after the conflicts end, and to the country of the armed conflict, where they contribute to the escalation and prolongation. Due to increasing number of individuals in question is this a point of interest in both international and regional (european) community, which lead to enactment of several legal documents in the domain of criminal law, which are being rigorously investigated in this paper. Increased attention to this domain is being reflected on the national level as well, both the novelised legislation already in effect and changes which are currently being discussed as a de lege ferenda. This thesis deals with those...
The term and legal consequences of exceeding the limits of extreme necessity and necessary defence
Bělohlávková, Eva ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The term and legal consequences of exceeding the limits of extreme necessity and necessary defence Abstract This thesis deals with the concept and legal consequences of exceeding the limits of extreme necessity and necessary defence, i.e. two conditions precluding the illegality of an act, which can be found in Chapter III of the current Criminal Code. Those conditions preclude the illegality of an act that would normally be illegal, because an act under those conditions is generally desirable in order to defend the interests protected by the Criminal Code. With the absence of illegality, acts under one of the conditions precluding illegality do not at all result in the commission of a criminal offence, which in case of extreme necessity and necessary defence, allow people to defend themselves at times when the state does not provide them protection against a certain danger or attack. However, if the statutory limits of these conditions precluding illegality are exceeded, the illegality will not be eliminated and a criminal offence will be committed. The main purpose of this thesis is to analyse the Czech legislation related to extreme necessity and necessary defence in terms of its limits. In particular, it aims to reveal the shortcomings of the legislation and offer solutions. The goals and structure of...
Criminal Offence of Abuse of Business Position (Section 255a of the Criminal Code)
Vrábel, Daniel ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The aim of this thesis is to provide the reader with a complete analysis of the abusive conduct in business relations, to draw attention to relevant case law, to provide answers to interpretative and application problems and to introduce de lege ferenda ideas in order to improve the effectiveness of the company's protection against undesirable behaviour of management and other persons committing this economic crime. The thesis also includes comparative studies with the Slovak legislation and includes the necessary statistical data for proper evaluation of the use of criminal liability for this crime in relation to the latent crime rate. Despite the seriousness of economic crime and the amount of its victims, whether in terms of law or factual victims, such as employees of failed companies, the professional public do not pay much attention to this crime, so another equally important goal of this work is to draw attention to this fact and to appeal to the legislator to rectify the facts, which for almost 20 years has not undergone any major change, although, of course, today's social environment is significantly different from that immediately post-revolutionary. In the course of the work, the reader is drawn to the explanatory practice of all aspects of the merits itself, further emphasis is placed...
Criminal liability of artificial intelligence
Racek, Libor ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
1 Criminal liability of artificial intellingence Abstract The aim of this diploma thesis is to evaluate the possible criminal liability of artificial intelligence for its socially harmful unlawful conduct and if artificial intelligence cannot be criminal liable then evaluate criminal liability of persons for the unlawful acts of artificial intelligence, and also to assess whether it is necessary to change laws so that we can use in such situations the ultima ratio principle (criminal law). The first chapter deals with the concept of artificial intelligence. At the beginning of this chapter I deal with the definition of artificial intelligence from a technical point of view and I also deal with the most important points of its historical development. Then I analyze artificial intelligence from the perspective of the Czech legal order. First, I do so in connection with private law (specifically with civil law, respectively mainly with copyright) and then with public law (specifically with criminal law). The second chapter aims to introduce the concept of criminal liability as an institute of Czech law. I focus here on the individual components of criminal liability and its legal requirements, but not in an exhaustive way, but only to the extent that it is necessary to fulfill the topic of the thesis and to...
Hate Crimes
Korduliak, Matěj ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Hate Crimes Abstract The author of this thesis discusses the issue of hate crimes according to the Act No. 40/2009 Coll., The Criminal Code, as amended, and related case law. The thesis is divided into several parts. The first part is devoted to the definition of hate crime and related terms such as extremism, prejudice, race, anti-Semitism, nationalism and xenophobia. These concepts are important for the following interpretation and for the understanding of the existence of special protection in the context of hate crimes. The second part is devoted to the international regulation of hate crimes. Emphasis is places on the analysis of the case law of the European Court of Human Rights. The third and fundamental part of this master thesis analyzes hate crimes in the Czech Republic in the context of settled and current case law. In addition, examples of statements fulfilling the facts of individual crimes from practice are given. The fourth part analyzes the basic issues of hate speech and hate crimes in the United States legislation and case law. It also includes comparison of individual approaches with ideas of possible inspiration. The fifth part is devoted to reflections de lege ferenda on the topic, especially with regard to different concepts in the Czech Republic and the United States. The last part...
European Public Prosecutor's Office
Hendrych, Lukáš ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
European Public Prosecutor's Office, abstract The European Public Prosecutor's Office (EPPO) has been so far the most ambitious project in the field of Europeanization of criminal law. Criminal law has traditionally been an area where the member states of the European Union are strictly guarding their sovereignty and they are very reluctant when it comes to its harmonization or perhaps unification. This is also the reason why it is important to closely focus on this newly created institution. This is the very first time the EU member states established a body with a competence to investigate and prosecute crimes across countries regardless of national borders. According to the adopted legal framework, the European Chief Prosecutor located in Luxembourg is to focus primarily on crimes affecting the EU's financial interests. The EPPO is to investigate and prosecute these crimes and to represent public prosecution before national courts. The greatest added value of the EPPO should be its independence from national public prosecutor's offices in member states. Independence, expertise, and a cross-border competence should save dozens to hundreds of billions of Euros to the EU's - and nationals - budgets. These amounts of money are being lost every year due to cross-border financial crimes, mainly due to subsidy...
Criminal protection of an unbiased and impartial court
Šafář, Jan ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Criminal protection of an unbiased and impartial court Abstract This thesis deals with the criminal protection of an unbiased and impartial court. Although the thesis deals mainly with issues in criminal law, I consider it necessary to address the independence and impartiality of the court under constitutional law. I also focus, at least briefly, on guarantees of independence and impartiality in our legal order, and how this intersects with selection of new judges, the financial security of judges, non-depositability and non-translatability of the judge, and so forth. A judge may have two roles in criminal law: a perpetrator and a subject the attack. The first role is the judge who commits the crime in connection with the performance of their office. I analyse the offences of Accepting Bribes, Abuse of Competence of Public Official and Negligent Obstruction of Duty of Public Official. On the other hand, the legislator tries to punish crimes affecting the independence and impartiality of the judiciary when the attack is directed at the judge. There are several crimes, where the judge is the subject of the attack, whether it is Bribery, Indirect Corruption, or Interfering with Independence of Courts, Violence against Public Official etc. However, protection of the judiciary can also be found in other...
Sanctioning of legal persons
Karnet, Vojtěch ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Sanctioning of legal persons Abstract The criminal liability of legal persons was introduced into the legal system of Czech republic by the Act no. 418/2011 Coll., Act on Criminal Liability of Legal Persons and Proceedings against them which came into effect on the 1st of January 2012. It is a problematic that was highly debated even before the respective law was created and its introduction into the legal system was closely followed by most of our experts in the field of criminal law. We can still see a big interest in how this problematic functions to this day, more than 8 years after its adoption. This interest became the main motivation for the creation of this thesis. This thesis focuses mainly on the 3rd part of the above stated Act which means it concetrates on the individual sanctions applicable in relation to legal persons and how they are being used in the decision-making process of the courts of Czech republic. The demonstrate these outcomes a statistic of sanctions applied against legal persons was created. This statistic then serves as a basis for authors conclusions in relation to individual sanctoins as well as a more complex conclusions regarding the whole problematic of sanctioning of legal persons in Czech republic. There were many sources used in order to create this thesis such as...
Sanctioning of legal persons
Kratochvílová, Kateřina ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Sanctioning of legal persons Abstract This thesis focuses on criminal responsibility of legal persons, with an emphasis on sanctioning. The thesis examines the Act No. 418/2011 Coll., On Criminal Liability of Legal Persons and the Proceedings against them (hereinafter as "the Act"). Further it evaluates how is the Act applied by the courts and what are the problems resulting from the application of the Act, with focus on sanctioning. The thesis further proposes ideas for improvements, including changes in legislation de lege ferenda. The diploma thesis consists of three parts. In the first part the author addresses the basic concepts of criminal responsibility of legal persons, its roots in foreign and international law, and the development of the concept in the Czech Republic. This part further describes the basic institutes of corporate criminal liability, including imputability of criminal act to the legal person, followed by explanation of the concept of exculpation and related case law. Part Two focuses on sanctioning of legal persons from the theoretical perspective. It addresses the basic institutes of sanctioning of legal persons, the purpose and the principles of sanctioning, followed by the analysis of each sanction included in the Czech Act on Criminal Liability of Legal Persons and the...
Formal Burden of Proof of Public Prosecutor in Criminal Proceedings
Pudilová, Anežka ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee) ; Kalvodová, Věra (referee)
The legal concept of formal burden of proof of public prosecutor has been discussed for more than 17 years of legislative work on the new Criminal Procedure Code and an increased attention was also paid to it before by the legal science, at the same time with the enforcement of adversary elements of court proceedings. The legal concept in question was established and developed as part of the Anglo-Saxon type of criminal proceedings where trial is based on a dispute between the parties. This involves the exclusive procedural responsibility of public prosecutor to clarify the facts relevant to the indictment filed. Although it is possible to give a brief description of the legal concept in question in a single sentence, its enactment would affect the overall nature of the proceedings before the court and would also be reflected in other stages of the criminal proceedings. The aim of the dissertation was to analyse the prerequisites and consequences of the enactment of the formal burden of proof of public prosecutor in the Czech criminal proceedings. Given the origin of the legal concept, the crucial question was whether its adoption would necessarily constitute a total departure from the legal principles which the existing Criminal Procedure Code is based on or whether it is possible and appropriate...

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