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Agreement on guilt and punishment
Koblasová, Jana ; Bohuslav, Lukáš (referee)
Agreement on guilt and punishment Abstract The subject of the work is the institute of an agreement on guilt and punishment as a special way of handling criminal cases. The essence of an agreement on guilt and punishment is an agreement between the public prosecutor and the accused, in which the accused confesses to committing the act for which he is being prosecuted, in exchange for imposing a lesser punishment than that which would threaten him in standard criminal proceedings. It is a form of diversion in criminal proceedings, which is intended to speed up and simplify criminal proceedings. The agreement on guilt and punishment is enshrined in the Czech legal system for a relatively short period of time. It was introduced in 2012. As the guilt and punishment agreement did not materialize in practice in the following years, certain changes had to be made. These occurred in 2020 when, for example, an agreement on guilt and punishment was made possible for particularly serious crimes. The work is structured into six chapters. The first chapter deals with the question of whether it is possible to classify the agreement on guilt and punishment among the diversions in criminal proceedings. To answer this question, it was necessary to clarify the very concept of diversion. The work also briefly deals with the...
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Alternative punishments as institutes of criminal law in the Czech Republic, their meaning and use in praxis
Neužil, Zdeněk ; Bohuslav, Lukáš (advisor) ; Richter, Martin (referee)
Příloha k rigorózní práci "Abstract" Title: Alternative punishments in criminal law - purpose and use in praxis Topic: Criminal law Author: Mgr. Zdeněk Neužil Abstract This rigorous thesis deals with the topic of alternative punishments and their use within the penal system of criminal law. Alternative punishments are generally defined as punishments (criminal sanctions) that are alternatives to the custodial sentence (unconditional imprisonment) served in prison. The fundamental attribute of alternative punishments is therefore the fact that the application of alternative punishments does not involve the offender's removal from the society and their isolation in prison. The subject matter concerning alternative punishments within the domain of criminal law has garnered increasing significance in recent years. This surge in interest is attributed to the augmented focus on punitive measures, namely criminal sanctions, that do not necessitate immediate imprisonment. In fact, the main benefits of alternative punishments include the elimination of the negative effects related to imprisonment, the reduction of financial costs associated with imprisonment and supporting the use of prison capacities for offenders who commited the most serious crimes. The main objective of this rigorous thesis is to provide a...
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Crime Prevention
Marková, Leona ; Tlapák Navrátilová, Jana (advisor) ; Bohuslav, Lukáš (referee)
1 Crime Prevention - Abstract - keywords Abstract The thesis analyses in theoretical terms the topic of crime prevention as one of the two strategies of crime control, as opposed to the other strategy, which is criminal repression. It highlights the priority position of prevention in relation to other methods that can be used to tackle crime in society. It focuses on the theoretical definition of the basic concepts and their meaning with regard to crime prevention, then presents the systematic classifications most commonly present in academic literature, followed by a more detailed look at the breakdown by level and by the content of crime prevention. The system of crime prevention in the Czech Republic is also briefly presented, the effectiveness of which has an impact on the success of the state's crime prevention policy. Furthermore, the thesis focuses on understanding the causes and conditions of juvenile delinquency. In the current dynamic world, young people have a high potential to apply changes in society and influence crime rates. In addition, easy access to modern technology can affect a person's life in many aspects, therefore the topic of cybercrime is also discussed. Moreover, the topic of personal development is studied, particularly in the areas of sports, martial arts, and self-defence....
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Criminological aspects of organised crime
Pokorná, Eliška ; Scheinost, Miroslav (advisor) ; Bohuslav, Lukáš (referee)
1 Criminological aspects of organised crime Abstract Organised crime is a serious issue affecting global society. Its influence globally destabilizes order and safety. In this thesis I provide a basic overview of the subject of organised crime and attempt to give a general insight into the main aspects of this phenomenon. Criminological aspects are introduced in the context of conceptualization, typologization and history of organised crime. Legal aspects are also given attention, with attempts to summarize most important legal tools in fighting organised crime. I have also attempted to provide a critique of current legislative measures with predictions about new challenges in controlling organised crime. First chapter focuses on introducing the phenomenon of organised crime. Various definitions of organised crime are explored and compared against one another. Further analysis of individual traits associated with the phenomenon follows. Last part of the chapter is devoted to exploring various criminal activities of organised crime. Second chapter focuses on typologies of criminal organisations. Four typologies are explored in total. First comes the summarization of a terminology by two Czech authors, Scheinost and Musil. Exploration of the typology provided by a United Nations survey follows. Third and...
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Conditional discontinuance of criminal prosecution
Háček, Vít ; Bohuslav, Lukáš (advisor) ; Tlapák Navrátilová, Jana (referee)
This diploma thesis deals with individual aspects of conditional discontinuance of criminal prosecution, with a focus on their practical application. The thesis also deals with the advantages of conditional discontinuance of criminal prosecution and its comparison with the agreement on the guilt and punishment, which has undergone a significant renewal in recent years and can be expected to become much more widely used in practice. In its introductory part, this diploma thesis deals with the definition of individual diversions, their position in the criminal law system and their partial comparison. All this is done in relation to the ideas on which some of the diversions in particular are based, i.e. the ideas of so-called restorative justice. This concept emphasizes the settlement of relationships, reparation over repression, and more. In the second part, i.e. the subject part, the diploma thesis deals individually with all the conditions necessary to achieve a conditional discontinuance of criminal prosecution. In practically all of these points, the emphasis is on practical application, and the definition of these terms is as specific as possible so that conclusions can be drawn as to the specific situation in which it is possible to achieve this institution and when, on the contrary, it will...
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Substantiation of Electronic Evidence
Krákorová, Simona ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
81 Thesis title Substantiation of Electronic Evidence Abstract Thesis deals with the substantiation of electronic evidence within the framework of criminal procedure. The importance of the issue of obtaining such a category of evidence further intensifies as the technology continues to develop. The various types of crime perpetrators simultaneously leave behind digital traces with regard to almost all cases. Therefore, the author focuses on the issue, whether is it possible to obtain such an evidence effectively. The author concurrently takes into account the question of whether the process of obtaining electronic evidence meet certain threshold of protection of the fundamental rights and freedoms of an individual. Hence, the author analyses the characteristic of the individual relevant procedures. The issue of data retention, in other words the areal data collection and preservation in the light of recent case law as well as the possible adjustments to current legislation is subject to scrutiny. Attention is drawn, inter alia, to the novel procedure which enables preventive preservation of data important for the criminal proceedings. Furthermore, the author takes into account the issue of obtaining the content of the communication by means of electronic mail. Moreover, thesis deals with the partial...
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Expert evidence
Šváb, Martin ; Richter, Martin (advisor) ; Bohuslav, Lukáš (referee)
Expert evidence Abstract This thesis deals with the use of expert opinion as evidence in criminal proceedings, the conditions for its admissibility and possible defects of such expert opinions. Expert opinions play a significant role in criminal proceedings and are often irreplaceable evidence in the process of proof. Despite their irreplaceability, however, they do not carry any greater weight or probative force among other evidence and must therefore, like other evidence, be assessed in accordance with the principle of the free evaluation of evidence. The thesis deals with the basic institutes of the law of evidence, expert activities, the status and conditions of activities of individual subjects of expert activities and expert opinions, the process of their preparation and their taking. It describes the process of preparation and the individual parts of an expert opinion according to the new legal regulation implemented by Act No. 254/2019 Coll., on Experts, Expert Offices and Expert Institutes (Act on Experts) and the related implementing decrees. The thesis describes the basic requirements that an expert opinion must meet in order to be admissible evidence in criminal proceedings, and at the same time describes what defects in expert opinions are recognized by theory and practice using case law...
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Prediction of criminal recidivism using artificial intelligence
Eberle, Matěj ; Drápal, Jakub (advisor) ; Bohuslav, Lukáš (referee)
Artificial intelligence is gradually spreading into all sectors of human activity, and law is no exception. However, law and computer technology are very different disciplines. This paper explores a situation where they intersect. Specifically, it focuses on the use of predictive models in the criminal justice sector in forecasting possible recidivism. The thesis first describes the historical development of predictive mechanisms and seeks to use this background to introduce the basic theories applied in prediction. In this section, the thesis also uses the case study of the UK and Wales to demonstrate the limitations of such a models. Furthermore, the thesis offers a basic understanding of how AI models work, which is essential for understanding the legal side of the matter. This part of the thesis concludes by asking whether predictive models are even effective enough to make their deployment meaningful. Is the use of AI the next evolutionary phase in the field of recidivism prediction, or is it a dead end? To answer this, it uses a review of the major studies that have been published on this topic around the world. In the Czech Republic, this topic has been very little researched, so in the next part the paper first analyses the basic elements of the part of the legal system that are relevant...
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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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Criminal liability in the handling of narcotic drugs and psychotropic substances in the health care sector
Jedličková, Kristýna ; Bohuslav, Lukáš (advisor) ; Drápal, Jakub (referee)
The present thesis deals with the criminal liability in the handling of narcotic drugs and psychotropic substances in the health care sector, which is accompanied by a number of nooks and crannies that I try to reveal in the thesis. The thesis explores the duties and responsibilities of health service providers, whose role is crucial to ensuring quality care and patient safety. The first part of the thesis focuses on defining basic terms in the field of health service delivery. Then the thesis analyses the obligations that health service providers, especially doctors, have to comply with. The key term is the duty of lege artis, and the thesis discusses in detail the various aspects of this duty, its violation in the form of non lege artis procedure, and then provides examples from practice. The second part of the thesis is devoted to medicinal products, whereby their development up to registration is first presented, followed by their prescription. An important topic is also off-label medication, which "gained popularity" especially in the period of the COVID-19 pandemic. The third part of the thesis deals with criminal liability and its basic aspects, together with circumstances precluding illegality, which are focused on the area of provision of health services. This part then discusses in detail...
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