National Repository of Grey Literature 330 records found  beginprevious133 - 142nextend  jump to record: Search took 0.02 seconds. 
Criminal liability of Corporations
Felix, Adam ; Jelínek, Jiří (advisor) ; Fenyk, Jaroslav (referee) ; Bohuslav, Lukáš (referee)
Criminal liability of Corporations Abstract Criminal liability of corporations is still a current topic of Czech legal theory and practice. In order to properly grasp this new institute within the Czech legal system, it is necessary to understand the very nature and basics of legal entities, their formation and further existence. Historically, legal entities have been perceived differently and a relatively complex legal-philosophical path has led to the inference of any liability for wrongdoings or torts. Although the criminal liability of corporations is not unknown to continental law, its decline during the 18th and 19th centuries has led to the disappearance of the legal continuity. That is why it may seem today that the introduction of direct criminal liability of corporations is something completely new and absolutely unknown to countries of continental legal tradition. In this work, the author presents a number of historical arguments as to why this is not the case and demonstrates that this institute was known throughout the legal systems throughout Europe. For a better understanding of the whole issue, the interpretation is guided from the very philosophical and legal-historical foundations of corporate theories, through their later development and finally to application by recent law. The core of...
Electronic control system as an alternative to custody
Homolová, Karolína ; Bohuslav, Lukáš (referee)
Electronic control system as an alternative to custody Abstract In the framework of the criminal justice process, the scope of using technical means through electronic monitoring is worldwide very extended indeed, being applicated in all stages of criminal proceedings. Although the most frequent manner while analysing the electronic control is the house arrest or release from imprisonment by conditional parole, electronic monitoring system finds its purpose also in pre-trial detention. Arrest is intended to be an exceptional institute of criminal proceedings, only to be used as necessary and proportionate measure and in compliance with the presumption of innocence and the constitutional right to personal freedom. In accordance with this concept, it is necessary to consider all time in the duration of custody whether the reasons for pre-trial detention still last and whether it would not rather be replaced by some alternative. The first electronic monitoring permanent program was launched in Czech republic in September 2018, so we have only a few experiences in this field so far. The aim of this paper is to identify some best practices to enhance the effectiveness of electronic monitoring as an alternative to custody in the Czech legal order and also to propose an amendments to the legislation of this...
Plea Bargaining at International Criminal Courts
Bartizalová, Markéta ; Bohuslav, Lukáš (referee)
S C H O O L O F L AW M A S A RY K U N I V E R S I T Y T H E O R E T I C A L L E G A L S C I E N C E S C R I M I N A L L A W D E P A R T M E N T ABSTRAC T DI S S E RTAT I O N TH E S I S P L E A B A R G A I N I N G A T I N T E R N A T I O N A L C R I M I N A L C O U R T S M A R K É TA B A RT I Z A L O V Á 2 0 1 6 ABSTRACT The subject of this thesis is the practice of plea bargaining in international criminal courts. The thesis generally deals with functions of international criminal law and goals of international criminal tribunals. Critical analysis of whether use of plea bargaining is compatible with these functions and goals follows. Based on research of existing practice of the courts and disputation on arguments of supporters and critics of plea bargaining, the thesis comes to the conclusion, that even though plea bargaining might, in some cases, prove itself as a useful tool for international justice, it remains highly controversial and must be used with the highest caution. If used inappropriately it very easy may cause much damage a may have fatal impact on evaluation of the practice of international criminal tribunals, their legitimacy, and together with that on evolution of international criminal law in general. KEY WORDS international criminal law, plea bargaining, international criminal tribunals,...
The Crime of Trafficking in human beings
Kučera, Václav ; Bohuslav, Lukáš (referee)
The aim of the thesis is to investigate the crime of Trafficking in human beings from the point of view of substantive criminal law in the Czech Republic, to analyze its weaknesses and propose their solution. The investigation should include an assessment of whether the Czech Republic's regulation is in line with international law obligations to criminalize this crime. In this work, compilation, legal-historical, analytical and general and legal interpretation methods are used. The first part is an introduction to the issue of human trafficking. This part introduces the subject of the social deviant phenomenon and points out the necessity of its perception in various, not only legal, fields. The following is a historical outline of the development of looking at human trafficking. In the second, fundamental part of the thesis, there is an analysis of the valid substantive criminal law, which deals with human trafficking. This hermeneutic-critical analysis serves to determine the problems that are proposed in the third part of the thesis. The work for quality analysis explores the historical basis of the legal regulation of the crime of trafficking in human beings. It also sets out the three most important sources of international law, which affect the current regulation and compares whether they are...
Crime relating to the abuse of addictive substances
Pacovský, Josef ; Bohuslav, Lukáš (referee)
Crime relating to the abuse of addictive substances The abuse of addictive substances is an issue of the whole society, which in current globalized world, considering continuous development of drug scene, still remains topical. The abuse of addictive substances, as a significant criminogenic need, relates to all kinds of different criminal offences, both those committed by addicts and those committed against them. This includes for example property crimes, crimes against life, person and health, or endangerment. Because of such wide scope of crimes related to the abuse of addictive substances, the focus of my work is on substantive regulation of so-called drug offences, which is stated in the articles 283 - 287 of the Criminal Code. The purpose of this thesis is to analyse constituent elements of the particular drug offences, coherent case-law, as well as some questionable issues related with this kind of criminal offences. It is for instance, the issue of determining the term "greater than the small amount" and regulation of making cannabis accessible for medical use. Higher consideration is given to the questions of so called growshops and the issues of the distribution of drug addiction. The thesis is divided into general part and special part. In the general part, there is a definition of some...
The Criminalization of Cyberattacks on Information Systems
Eliášová, Alexandra ; Bohuslav, Lukáš (referee)
131 NÁZEV DIPLOMOVÉ PRÁCE V ANGLICKÉM JAZYCE The Criminalization of Cyberattacks on Information Systems ABSTRACT Cybercrime represents an increasing danger to human society. The main aim of this thesis is to find out which attacks on information systems pose a threat to the state and whether new technological trends represent a challenge for the current Czech legislation in the field of criminal law. The methodology varies across this thesis. The analytical method together with the synthesis is used to fulfil the aim. In some parts, an empirical approach is used. The introductory part of the thesis explains the key institutes in the field of cybercrime and international instruments for combating cybercrime. The most important document is the Council of Europe Convention on Cybercrime. The main part of the thesis is devoted to the difficulties of current Czech legislation in connection with cyberattacks. The final part of the thesis deals with current technological trends, such as Artificial Intelligence, Cloud Computing, Cryptocurrencies and the Internet of Things, which play an important role in the field of attacks on information systems. The current Czech legislation has responded to the growing tendency of cybercrime, and therefore new types of criminal offenses have been introduced. Artificial...
The Consequences of Breaching the Rules of Evidence for the Effectiveness of the Evidence
Zelenka, Jan ; Bohuslav, Lukáš (referee)
1 The Consequences of Breaching the Rules of Evidence for the Effectiveness of the Evidence Abstract This diploma thesis deals with the phenomenon of ineffective evidence in criminal procedures as a result of a breach the rules of evidence. The aim of the thesis is to submit current regulations about evidence in the Czech legal system, evaluate it and shine a light on certain problems. Can a criminal procedure be just if the essential principles are trampled on and the government breaks the law? Are there any barriers preventing geovernment arbitrariness? This thesis tries to answer these questions by introducing legal institutes based on area of evidence in criminal procedure. Thesis consists of six parts - four chapters, introduction and conclusion. The first chapter deals generally with evidence and its specifics in criminal law. It defines crucial terminology to understand this topic thoroughly and shines a light on principles of evidence. The second chapter revolves around admissibility and especially efficiency of evidence as a result of a breach in the rules of evidence by law enforcement. That breach of evidence has to fulfill a certain level of severity which has an important part in evidence ineffectivity. In the very last part of this chapter the author suggests legislative changes according to a...
Terrorism - criminological aspects
Müllerová, Anna ; Bohuslav, Lukáš (referee)
Terrorism - criminological aspects Abstract The submitted diploma thesis deals with criminological aspects of terrorism. The thesis aims to introduce the reader to the concept of terrorism as well as to present its various criminological issues. The thesis seeks to provide plausible answers, especially to the following questions: what terrorism is, who is its perpetrator, what is the process of radicalization, and most importantly, what causes terrorism. Besides, it deals with the specifics of the fight against terrorism and current issues related to terrorism and its current global state. The work provides a comprehensive insight into the criminology of terrorism, both group and individually perpetrated. In the beginning, the thesis deals with the very concept of terrorism, its definition and typology. It thus provides the necessary basis for the following chapters of the thesis. The work continues with analysis of terrorism from the Czech criminal law point of view, and therefore provides practical insight into the possible punishment of perpetrator in the Czech Republic. The thesis then demonstrates the application of the law on one of the cases concerning Czech offender convicted of terrorism in the Czech Republic. At its core, the thesis deals with the criminological aspects of terrorism. It offers...
Criminological Aspects of Drug-Related Crime
Cieslar, Tomáš ; Zeman, Petr (advisor) ; Bohuslav, Lukáš (referee)
This thesis deals with selected issues of criminological aspects of primary drug-related crime conducted in the Czech Republic, focusing mainly on the criminal offence of unauthorised production and other disposal with narcotic and psychotropic substances and poisons under section 283 of the Czech Criminal Code. The theoretical part of the thesis describes drug- related crime in general, it also discusses the Czech legislation regarding drug-related criminal offences in the Criminal Code, and it also focuses on theoretical approaches regarding the sentencing of drug-related crime. The empirical part features a quantitative analysis of a selected representative sample of 300 Czech court decisions enunciated in 2015 and 2016. This analysis addresses the trends of conducting drug-related crime and the sentences imposed by Czech courts. Attention is given to the differences in sentencing perpetrators disposing with different drugs, particularly cannabis and methamphetamine, and perpetrators conducting different prohibited activities related to the drugs (such as producing, retailing, etc). The analysis also focuses on using the institutes of imposing protective measures and adequate restrictions or duties.
Crime relating to the abuse of addictive substances
Pacovský, Josef ; Bohuslav, Lukáš (referee)
Crime relating to the abuse of addictive substances The abuse of addictive substances is an issue of the whole society, which in current globalized world, considering continuous development of drug scene, still remains topical. The abuse of addictive substances, as a significant criminogenic need, relates to all kinds of different criminal offences, both those committed by addicts and those committed against them. This includes for example property crimes, crimes against life, person and health, or endangerment. Because of such wide scope of crimes related to the abuse of addictive substances, the focus of my work is on substantive regulation of so-called drug offences, which is stated in the articles 283 - 287 of the Criminal Code. The purpose of this thesis is to analyse constituent elements of the particular drug offences, coherent case-law, as well as some questionable issues related with this kind of criminal offences. It is for instance, the issue of determining the term "greater than the small amount" and regulation of making cannabis accessible for medical use. Higher consideration is given to the questions of so called growshops and the issues of the distribution of drug addiction. The thesis is divided into general part and special part. In the general part, there is a definition of some...

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