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Development of legal regulation of drug related crimes
Kabelíková, Kateřina ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
in English Title: Development of legal regulation of drug related crimes The thesis analyzes current criminal legislation in the area of drug-related crimes, compares it with previously effective legislation and outlines ambiguities in interpretation of selected legal terms. Increased attention is paid to legislative changes of the past five years which determine the current situation and future legislative development. The author predominantly focuses on problematic issues and challenged provisions related to the discussed topic which she then examines in detail. In order to provide the reader with a full picture of the topic, opinions of academic and professional authorities are presented. Furthermore, judicial practice of mainly Supreme Court is emphasized, as it plays a key role in interpretation of law. Alongside currently applicable court rulings, obsolete judicature is also quoted in order to help the reader understand the background of the legislation and especially its previous precipitous development. The thesis is divided in five chapters. The first chapter introduces the reader into the topic of addictive substances and defines relevant legal terminology. The second chapter deals with the current legislation in the area of narcotic and psychotropic substances in international, European...
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Criminal Corporate Liability
Bohuslav, Lukáš ; Jelínek, Jiří (advisor) ; Záhora, Jozef (referee) ; Sváček, Jan (referee)
The Criminal Corporate Liability The definition of legal person is not outlined in criminal law, but can be found in Section 18, Subsection 2 of the Civil Code. Corporate criminal liability is then a concept that has been newly introduced to the Czech statutory criminal law, what has caused a certain intrusion of the system of basic principles of criminal law, mainly the principle of individual criminal responsibility. The term "imputability" appears, which means that a conduct of agents or other persons designated in the Act on Criminal Liability of Legal Persons and Proceedings Against Them (further as "the Act") can be imputed to a legal person, if the physical person is culpable for the conduct and the conduct causes imputability of the criminal offence to the legal person. Intensive discussions on necessity and suitability of implementation of the concept of corporate criminal liability into the Czech legal system had preceded the adoption of the Act in 2011. Such discussion can now be considered as overcome, as it is obvious that the Czech Republic has opted for the direction towards the "true" corporate criminal liability. Arguments for and against the adoption of the Act can nevertheless help to better understand the concept itself, as well as the context in which it has been introduced. It...
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The Comparison of Crimes Against Property in the Czech Republic and Polish Republic
Kavan, Patrik ; Bohuslav, Lukáš (referee)
The diploma thesis deals with the issue and comparison of selected property crimes in the Czech and Polish legislation. It concisely compares criminal law as a whole with focus on property crimes and then individual crimes of theft, embezzlement, fraud, vandalism, money laundering and computer crimes. Attention is also paid to the set penalties for individual crimes with the subsequent evaluation of both legislations and possible de lege ferenda proposals for the Czech legislator
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Claims of the injured person for compensation for non-material damage in adhesive proceedings
Veselá, Veronika ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Claims of the injured person for compensation for non-material damage in adhesive proceedings In recent years, the issue of compensation for non-material damage caused by a criminal offense and its discussion in adhesive proceedings has come to the forefront of the interest of both the highest courts and relevant experts, whose opinions on individual issues naturally differ. The factual impossibility of quantifying the immaterial damages of injured persons requires the necessary need for the existence of established decision-making practice of the highest courts and the establishment of at least basic criteria that determine the limits of judicial discretion. Efforts to strengthen the position of injured persons are obvious and certainly welcome, but care must be taken to preserve the accused's right to a fair trial, both formally and materially. This rigorous work is (apart from the introductory and concluding chapters) divided into a total of five relatively large chapters, each of which is devoted to one aspect of the researched issues, including a proposal to improve legislation. The first chapter is devoted to a general introduction to the issue of non-material damages and their compensation, the basic concepts of adhesive proceedings, its purpose and meaning, the basic principles that govern adhesive...
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Legal aspects of human rights in the law suit
Šejnost, František ; Bohuslav, Lukáš (advisor) ; Pelc, Vladimír (referee)
The legal aspects of human rights in the court proceedings Abstract In the introductory part, this rigorous thesis deals with some legal aspects of human rights and fundamental freedoms in national, Community and international law, substantive and procedural institutes of their protection, including special cases of collision with international humanitarian law in armed conflicts. In the next part, the rigorous thesis deals with discriminatory legal norms and their application in administrative and judicial proceedings, including legal remedies under national law. In the final part, the rigorous thesis deals with the decision-making activities of the obliged entities in providing information under the Act on Free Access to Information, including the legal means of the judicial protection against illegal administrative acts of the competent administrative authorities. Keywords: Human rights, fundamental freedoms, discrimination, equal treatment, national law, Community law, international law, obliged entities, administrative body, court.
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SexualCrimes and TheirPrevention
Vokál, Radek ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The submitted diploma thesis deals with sexual offences and their prevention. At the beginning of the thesis, a theoretical basis and a historical overview of the subject are mentioned. The topic is enlarged on various aproaches to ethics and morals in history. Subsequently a legal regulation of these criminal offencesis descibed, not onlythe Czech criminal law, but also the international law and EU legislation. A significant attention is given to the analysis of the elements of sexual crimes, as well as to a statistical data analysis and suggested preventi on measures. The thesis also gives a detailed descripton of types of victims and petrpetrators, especially of the ones who are involved in aforementioned crimes.
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Secondary Victimization of Victims by Criminal Proceedings
Semerádová, Jana ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Secondary Victimization of Victims by Criminal Proceedings Abstract The submitted diploma thesis deals with the issue of secondary victimization in the context of criminal proceedings. The main goal of this work is to evaluate whether effective legislation provides victims with protection against secondary harm. Based on the theoretical basis of the issue of secondary victimization, the thesis also focuses on finding out whether the legislation adequately reflects the current victimological and psychological knowledge in the field of secondary victimization and secondary harm. The work is divided into three chapters. The first part deals with the basic conceptual issues of secondary victimization in a broader context. Emphasis is placed on the transformation of the victim's position in criminal proceedings within the historical development of victimology as an independent field. The terminological and interpretive shortcomings of the concept of victimization are also emphasized. The second chapter discusses secondary victimization as a victimological phenomenon. In addition to defining the concept of secondary victimization, attention is paid to the causes of secondary victimization, its sources and types of actions leading to secondary harm. The main part of the work is the third chapter, which deals with...
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Criminal aspects of spectator violence in the football stadiums
Krátká, Aneta ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Criminal aspects of spectator violence in the football stadiums Abstract This diploma thesis deals with the issue of spectator violence with a focus on the football violance, mainly from the perspective of criminal law. However, as this issue is extensive, due to its complexity, the work is amended by chapters concerning administrative law and private law. Spectator violence is a social phenomenon that is described as a set of excesses against public order, which occurs on the occasion of sports matches, but also outside of them and is committed by a confined group of people marked by solidarity to a particular sports club. In the opening chapters, the phenomenon is described in more detail, its possible causes are explained and a brief history is given, focusing on our country and England, where football hooliganism comes from. The next chapters are devoted to the typology of visitors to football matches, which are divided into four groups - football spectators, football fans, ultras and hooligans. For each group, their relationship to the football club is described and, if applicable, also a list of the activities they deal with. The third chapter then deals with selected crimes related to spectator violence, which analyzes the theoretical analysis of these crimes, gives examples of individual crimes in...
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Criminal liability and sanctioning of youth
Pechová, Monika ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Criminal liability and sanctioning of youth Abstract The major topic of my rigorous thesis is Criminal liability and sanctioning of youth. Thesis is divided into four related parts and I analyse this issue especially from the view of substantive law. During periods of childhood and adolescence young people are not enough intellectually and morally mature and they do not have enough life experience. For this reason, I devote the first part of this thesis to short introduction to developmental psychology. I refer to psychological differences of young people and I describe basic specifics of childhood and adolescence as significant life periods from the developmental point of view. In the second part I introduce basic models of dealing with delinquent youth and the concept of restorative justice, which is the basis for the current Juvenile Justice Act No. 218/2003 Coll. I also provide historical overview of development of criminal justice against juveniles in the territory of the Czech Republic until today. In this part I also explain basic and the most important terms which are used in the Juvenile Justice Act. The third part of this thesis is devoted to the topic of criminal liability of juveniles. I discuss the fact that experts do not have the same opinion on intellectual and moral maturity - some of them...
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Criminal Liability of Legal Entities in Health Care
Kováčiková, Veronika ; Bohuslav, Lukáš (referee)
Criminal Liability of Legal Entities in Health Care Abstract The submitted diploma thesis deals with the institute of criminal liability of legal entities in health care. The main objective of this thesis is to define all the requirements and essential elements of criminal responsibility of legal persons, especially healthcare providers. We also look into the most critical aspects of providing healthcare services in which a criminal offense may be committed. Concepts of criminal law are considered in the context of medical law. Thesis is divided into five main chapters. The first chapter focuses on conditions of criminal liability taking into account the specifics of the topic. Attention will also be paid to attributability of a crime to a legal person as well as to legal regulation in United Kingdom and France. In the second chapter we describe the most common circumstances excluding illegality in medicine. We particularly focus on medical intervention, research and experiment. These are not only accepted but also beneficial. The third chapter deals with the main concepts of medical law. If healthcare providers comply with related legal provisions, they significantly reduce the risk of committing an act against the law. Special emphasis is placed on lege artis procedure as an objective measurement of...
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