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Crime of murder and killing under Section 140 and 141 of the Czech Criminal Code
Krůčková, Adéla ; Hořák, Jaromír (advisor) ; Dvořák, Marek (referee)
The title of the thesis: Crime of murder and manslaughter under section 140, 141 of the Criminal Code Abstract: This master's thesis focuses on the analysis of the crimes of murder and manslaughter under sections 140 and 141 of Act No. 40/2009 Coll., The Criminal Code. The aim of this work is a comprehensive analysis of both of these crimes and their differentiation in judicial practice, utilizing available professional literature and case law. The thesis is structured into four chapters. The first chapter describes the historical development and gradual changes in the regulation of intentional killings, ranging from the period of the first Czechoslovak Republic to the adoption of the current Criminal Code. The second chapter is dedicated to the analysis of intentional killings under the current legal framework, specifically the crimes of murder and manslaughter. These crimes are characterized in the thesis by the elements of their factual constitutions, which are thoroughly examined. The chapter distinguishes between simple murder and premeditated murder. Attention is also given to circumstances governing the application of a higher penalty. The preparation of murder is explored, as well as the delineation between mere contemplation or expression of the idea to commit the crime of murder and...
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Culpability in criminal law
Patrman, Aleš ; Pelc, Vladimír (advisor) ; Dvořák, Marek (referee)
Culpability in Criminal Law The subject of this diploma thesis is culpability in criminal law. One of fundamental principles of criminal law is the principle of nullum crimen sine dolus vel culpa. According to this principle, criminal liability for a criminal offence arises only if it was committed culpably. Culpability is an obligatory element of the subjective aspect of a criminal offence and can be described as a person's internal psychological relationship to the circumstances that give rise to the offence. The thesis itself is divided into seven chapters. In the first chapter, I focus generally on the conditions of criminal liability. In this chapter I also look at the subjective aspect of a criminal offence and its facultative elements, which include motive and purpose. In the second chapter I present the difference between fault and culpability, which is a broader term. The third chapter is aimed at the evolution of criminal law in the Czech Republic, with regard to the regulation of culpability. The chapter is divided into individual time periods, according to the adoption of individual penal codes. The fourth chapter focuses on the general concept of culpability. First, I look more closely at the principle of liability for fault. The remainder of the chapter is devoted to the individual...
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Methodology of murder investigation with the focus on the use of trace evidence
Krobová, Michaela ; Musil, Jan (advisor) ; Dvořák, Marek (referee)
Methodology of murder investigation with the focus on the use of trace evidence Abstract The thesis deals with the investigation of murder as one of the most serious forms of crime. After a general definition of the investigative methodology, the text focuses on the issue of trace evidence and its use in criminal proceedings, including potential challenges associated with it. Firstly, the current legal regulation of homicides in the Czech Criminal Code is briefly discussed. This is followed by a section devoted to statistics on the number of registered murders and the clearance rate, which are compiled annually by the Police of the Czech Republic, with a brief commentary. The investigative methodology of murder is initially introduced in general terms, followed by a description of its selected components. Attention is focused on the crime scene examination process, the examination of the corpse and the forensic autopsy, as these are crucial initial tasks through which police authority obtains valuable information. The remaining parts of the thesis focus on the forensic specifics of trace evidence, its collection and examination, interpretation, and procedural value, with emphasis on some of its limits. The thesis concludes with the elaboration of a murder case, demonstrating insights from previous sections,...
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Criminal Investigation and Intelligence Gathering - the Future Prospects of Criminal Procedure and the Regulation of NCOZ and BIS
Mašek, Richard ; Šelleng, Dalibor (advisor) ; Dvořák, Marek (referee)
Criminal Investigation and Intelligence Gathering - the Future Prospects of Criminal Procedure and the Regulation of NCOZ and BIS Abstract The paper examines the legal and practical issues of deeper cooperation and coordination between NCOZ and BIS, two primary bodies responsible for the domestic security, counterintelligence and counter-organized crime in the Czech Republic. The aim of the paper is to present a brief and comprehensive, yet complex list of issues which is based on a thorough research. These issues must be tackled and resolved by the legislator in case any deeper cooperation and coordination of BIS and NCOZ is to be considered in the future. First, the paper looks at the alarming increase in modern organized crime rates. The paper considers this trend to be a real and present national security threat which justifies innovative legislative steps. Complex criminal cases, like DOZIMETR, point to the disturbing reality of crime-politics nexus. The penetration of the decision-making process by the organized crime is a sufficient basis for serious debate on how the legal authority of NCOZ and BIS should be strengthened. Moreover, the threat of "going dark" and the continuous danger of enemy foreign intelligence remain on the horizon. Second, the paper presents a comprehsive and easy-to-understand...
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Forensic Optical Fingerprint Comparator
Dvořák, Marek ; Klubal, Ondřej (referee) ; Drahanský, Martin (advisor)
My Bachelor Thesis deals with the design and creation of an application that replaces the function of forensic optical comparator. It also describes features of fingerprints and their prominent points, which are used for recognition of individuals. Work with fingerprints is very sensitive as for the quality of images. For this reason a Gabor filter has been implemented and described. Furthermore, the thesis describes basic functions used for work with images.
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Windows Phone 7 Application for Traffic Sign Recognition
Dvořák, Marek ; Orság, Filip (referee) ; Procházka, Boris (advisor)
Purpose of this thesis is to create an application that detects and recognizes traffic signs for mobile phones running Windows Phone 7 operating system. Theoretical part contains information about history and characteristics of Windows Phone 7 system, traffic signs in Czech Republic and various methods of image processing. Practical part of this thesis describes particular implementation of recognizing of traffic signs in photographs taken with mobile phone built-in camera. In last part this app is tested in real-life conditions and results of these tests are evaluated.
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The Safety Studies in Selected Business Entity
Turčan, Michael ; Dvořák, Marek (referee) ; Jurová, Marie (advisor)
This bachelor’s thesis on the analysis of work conditions in the specific company brings improvements to existing measures in the safety and health protection at work. Emphasis is placed on safety and health. The work provides information about theory of security work explores its practical application in the organization and gives an view into risk management.
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The Use of an Agent and Issues of Police Provocation
Řepíková, Kristýna ; Dvořák, Marek (advisor) ; Šelleng, Dalibor (referee)
The Use of an Agent and Issues of Police Provocation Abstract This work focuses on the use of an agent, one of the operative searching means contained in § 158e of the Criminal Procedure Code. This tool is widely used in the investigation of the most serious crimes, such as organized crime, drug trafficking, or terrorism. If the agent acts as a so- called undercover agent, which is a legally approved concept, it is ideal. The information obtained by the agent controller lawfully can be used as evidence in a specific criminal case. However, the agent controller can by his actions very easily enter the role of an agent provocateur. Police provocation has been described by the European Court of Human Rights and the Czech courts as an inadmissible technique. Its procedural effect in a concrete criminal case is the inapplicability of evidence obtained based on it, due to its absolute ineffectiveness. In this work, it is dealt with the concept of an agent and the related issues of police provocation as follows. The first chapter introduces the issue of the operative searching activity, which includes operative searching means and supporting operative searching means. This is necessary to understanding the concept of an agent. Similarly, the two remaining operative searching means, which are the pretended transfer...
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Czech legislation on extended confiscation of proceeds of crime - theory and practice
Sláma, Jáchym ; Šelleng, Dalibor (advisor) ; Dvořák, Marek (referee)
Directive 2014/42/EU obliges the Member States of the European Union to introduce the extended confiscation of proceeds of crime method into their legal systems. The Czech Republic has transposed this method into the protective measure of forfeiture (confiscation) of a portion of assets under Section 102a of Act No. 40/2009 Coll., the Criminal Code, and related provisions. The aim of this paper is to describe the method of extended confiscation at both the theoretical and practical levels. On a theoretical level, the thesis aims to define the method of extended confiscation, its place in the asset recovery process, and in the system of confiscation methods whose reflections can be seen in confiscation instruments across European legal systems. On a practical level, the aim of the thesis is to provide a detailed interpretation of the forfeiture of a portion of assets, an instrument that represents the extended confiscation method in the Czech legal system. The thesis uses an analytical and normative approach to the examination of extended confiscation and forfeiture of a portion of assets. The main objectives are reflected in the structure of the thesis, which is divided into three parts. The first part deals with the theoretical level. First, the thesis introduces confiscation as one of the steps...
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