|
|
Extraordinary appeal
Engelmann, Jan ; Šámal, Pavel (advisor) ; Bohuslav, Lukáš (referee)
1 Abstract My master's thesis is focused on analysis of extraordinary appeal in criminal procedure. Extraordinary appeal is one of extraordinary remedial measures which was introduced into the Czech Criminal Procedure Code with effect from 1 January 2002. The thesis is devided into 6 chapters and the main chapter of the thesis is focused on in-depth analysis of the grounds of an extraordinary appeal and the issue of so called extreme discrepancy. So far, the issue of so called extreme discrepancy has not yet been subject to in-depth analysis in professional literature, therefore I pay more attention to this matter. The importance of so called extreme discrepancy is significant for the Supreme Court of the Czech Republic and its decisions. It is a concept arising from the case law of the Constitutional Court of the Czech Republic, which extends the grounds of an extraordinary appeal despite the grounds laid down in the Czech Criminal Procedure Code. Based on this concept the Supreme Court of the Czech Republic is obliged not only to review questions of law but also questions of fact in cases with so called extreme discrepancy. The Constitutional Court of the Czech Republic defends this concept saying it is neccessary to keep this approach in order to respect the fair trail within the meaning of the European...
|
|
|
Criminological aspects of cybercrime
Gemeri, Peter ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Criminological aspects of cybercrime Abstract (EN) This thesis is a study of specific aspects of cybercrime in regards to banking and non- banking financial institutions in Czech republic. By comparing results of third-party analytical resources and own findings obtained by strategically performed interviews with personnel in leading positions in cyber-security careers, the thesis describes causes and results of cyber-attacks and related preventive measures with emphasis on their respective place and priority in the cybersecurity policy of the organization. The main finding is that the biggest risk to the organization seems to be its own employees. That is why the entity cannot simply trust in the security of its perimeter by protecting only its border, but has to also consider its internal part. An equally important finding is the fact that mechanisms for the prevention of cybercrime take a large number of non-mutually exclusive forms, and in order to maintain the highest possible level of security, it is appropriate to layer these measures into complex units. Keywords Cybercrime, cybersecurity, criminology, financial organizations, cybercrime prevention
|
|
|
Compliance management system as a tool for exclusion of legal entities from criminal liability
Machková, Veronika ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Compliance management system as a tool for exclusion of legal entities from criminal liability Abstract Although the area of compliance in the Czech legal environment is evolving relatively quickly, several ambiguities still arise here, especially in connection with criminal proceedings. Therefore, this work primarily deals with problematic issues related to the exclusion of a legal entity from criminal liability according to § 8 (5) of Act No. 418/2011 Coll., On criminal liability of legal entities and proceedings against them, as amended (hereinafter "TOPO "). The first part of the thesis is comprehensively devoted to defining the cumulative conditions of the attribution of a crime from the point of view of the material concept because without them it is not possible to consider the attribution of criminal liability to a legal person. In the second part, it is seamlessly linked to the construction of § 8 (5) TOPO, where based on the conclusions made by constant case law and the professional public, a tool to develop a legal entity from criminal liability is considered a functional compliance management system (CMS). It must contain three basic pillars of measures, namely (i) preventive, (ii) detection, and (iii) reaction. The final part of the work is devoted to these pillars, where the essential...
|
|
|
Criminological aspects of crimes committed by legal entities
Tichonov, Alexandr ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
1 Criminological aspects of crimes committed by legal entities Abstract The subject of this work is problematic of criminological aspects of crimes committed by legal entities, and the individual definition of a legal entity as a criminal offender. The institute of criminal liability of legal entities is relatively young, provided that the research in this field began in the second half of the 20th century. In the nowadays the research of criminal liability of legal entities is still actual topic, namely because it is massive, often concealed, sophisticated and dangerous phenomenon. The importance of research of this criminal activity grows in line with globalization of world economy and the growing importance held by the legal entities in society. The outputs of the researched issue can thus enable an adequate response to the crimes of legal entities and help create effective prevention programs. This work is divided into four parts. The introductory first part explains the terms "criminology" and "crime" in general, introduces the terminological and methodological apparatus of crime investigation, explains the concept of legal entity - the perpetrator of the crime. The second part deals with the history of criminal liability of legal entities in the world and the change in the understanding of crime. It...
|
|
|
Defence by the defence counsel in the trial
Juráň, Martin ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Defence by the defence counsel in the trial Abstract The thesis provides the reader with practical overview of the exercise of the rights and obligations of the defense counsel during the trial phase. The aim of the thesis is, in addition to a comprehensive definition of the rights and obligations of the defense counsel in relation to the trial phase of the criminal proceedings, to also set out controversial issues of interpretation of norms of the criminal procedure and deficits of the criminal procedure regulations and outline their possible solutions with regard to the right of defense. The thesis is systematically divided into two parts, the first of which deals with a brief and general description of concepts related to the scope of the thesis. These are, in particular, the right of a fair hearing, the institute of a defense counsel and the stages of the criminal proceedings with an emphasis on the concept of trial phase. The second part is designed taking into account the practical nature of the topic and provides a detailed analysis of the exercise of the rights and obligations of a defense counsel in the trial phase. Emphasis is placed primarily on the exercise of such rights and obligations by which the defense counsel has the opportunity to influcence the decision of the court in favor of the...
|
|
|
Criminological and criminal law aspects of the ransomware spread
Oborák, Daniel ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The subject of this diploma thesis is the ransomware spread, which is currently one of the most prominent global cybernetic threats. Ransomware is malicious code that, when activated on a computer system, usually blocks access to that system or encrypts the data contained in it, which is then used to blackmail the user. This thesis deals with criminological and criminal aspects of this phenomenon. In its criminological part, this thesis deals with the issue of the etiology of the ransomware spread and its criminogenic factors, while examining, among other things, the applicability of cybercriminological theory named space transition theory to a given phenomenon. It also deals with the victimological aspect of the matter, listing the most fundamental factors influencing victimization, both in the case of widespread non-targeted ransomware attacks and in the case of specifically targeted attacks. It also examines the issue of the high latency of this phenomenon and cybercrime in general and the possibility of prevention, which it considers to be the best way to defend against a ransomware attack. In particular, it deals with the issue of ransomware attacks on hospitals and critical infrastructure, and also raises the issue of the increase in the number of attacks due to the COVID-19 pandemic. The...
|
|
|
Criminological aspects of cybercrime
Kopáč, Jan ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Today, the phenomenon of cybercrime can no longer be considered something obscured or unknown to the general public. Yet the majority of general population is aware of only a fraction of the offenses committed in cyberspace. As a result, a substantial proportion of Internet users act in violation of valid legislation in cyberspace, whether they do so knowingly or not. Cybercrime cannot be considered less dangerous than other forms of crime. On the contrary, due to its availability, globality and possible distance of the offender from the crime itself, this kind of criminal behaviour is on the rise year by year and its effects are becoming more severe, mainly due to the dependence of today's society on information and communication technologies. The aim of this thesis is to provide an introduction to the cybernetic world crime and offer a general view of the various aspects of this criminal activity. The introduction of my thesis deals with detailed description of the basic terminology present throughout the whole thesis and contains a brief description of the history and origins of the computer and Internet. An essential part of my thesis is the presentation of the legislative framework in the field of cybercrime regulation. This section mentions the laws that apply in the cyberspace environment...
|
|
|
Conditional discontinuance of criminal prosecution
Žďánský, Michal ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Conditional discontinuance of criminal prosecution is a method for alternative dispute resolution of criminal cases, also labelled "diversions" by the professional public. It is a criminal procedural measure allowed to be used for case settlement by the court and at the pre-trial stage by the public prosecutor on conditions laid down in the Criminal Code. If the accused committed minor offence and afterwards pleaded guilty; compensated for damages; returned unjust enrichment, or concluded a contract to compensate for damages or to return the unjust enrichment; or he has taken other necessary measures to do so, the determining authority can - with consideration of the accused's character - thereafter decide to conditionally discontinue criminal prosecution. If the accused has committed a serious offense, the public prosecutor or the court may take such decision only if the accused fulfills additional and stricter condition. That is, a probationary period must be determined in the resolution phase, obligating the accused to behave in an orderly way for its duration. If this condition is met, the determining authority will rule that the accused proved himself and then subsequently discontinue criminal prosecution. Otherwise, prosecution will continue, which can potentially lead to indictment and...
|
|
|
Nemo tenetur se ipsum accusare principle
Konečná, Zuzana ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Nemo tenetur se ipsum accusare principle Abstract This thesis deals with the concept and selected aspects of the nemo tenetur se ipsum accusare principle. This principle is one of the fundamental pillars of defence in criminal proceedings and is closely related to the right to a fair trial. The thesis focuses on the principle's theoretical starting points and attempts to outline problematic issues related to the interpretation of its content when applied in practice, particularly with regard to the permissible degree of coercion. The first chapter of the thesis deals with the historical development of the principle in both the continental and anglo-american legal systems. The second chapter contains an overview of how the principle is ensrished in international and national sources of law. The third chapter deals with the relationship between the privilege against self-incrimination and the right to remain silent based on the case law of the European Court of Human Rights and the US Supreme Court. The fourth chapter is devoted to the evidence, in particular the procedural consequences of an infringement in the proceedings, focusing on lawful and unlawful methods of coercion and the individual defects resulting therefrom. The chapter also includes treatise on the doctrine of fruit from a poisoned tree, which...
|
|
|
Comparison of legislation concerning criminal liability of legal entities in the Czech Republic and the Slovak Republic
Kubala, Tomáš ; Tejnská, Katarína (advisor) ; Bohuslav, Lukáš (referee)
Comparison of legislation concerning criminal liability of legal entities in the Czech Republic and the Slovak Republic Abstract This master thesis deals with a very recent phenomenon of criminal liability of legal entities. Its recent implementation into national legislation of the Czech and the Slovak Republic provides evidence of its current relevance, which is followed by relentless criticism, lack of clarity and application difficulties confirms its currency. Nevertheless, discourse about its implementation by legislations of various countries around the globe can be seen in ancient history. Therefore, the first part of this thesis deals with the introduction of historical background and analyses in detail the development of this doctrine. Furthermore, it also examines the development of international discussion and lays down several international legal documents which serve either as recommendations or impose obligation onto the parties to introduce proper liability of legal entities. The most relevant part of this thesis consists of the comparison of current national legislation of the criminal liability of legal entities in the Czech and the Slovak Republic. But it also doesn't avoid the necessary line of reasoning of social essentiality of this doctrine including the disproval of reasoning which...
|
guest ::
