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The issue of the concept of criminal custody
Špryňar, Michal ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
1 Abstract: The issue of the concept of criminal custody The subject matter of this diploma thesis is "The issue of the concept of criminal custody". Custody being an institute of the procedure criminal law is a very problematic securing instrument that limits rights of a convicted person. Custody is often the subject of disputes which is reflected on the case decisions of the Constitutional Court of the Czech Republic and on the decisions of international courts. The diploma thesis is divided in five chapters. Starting with a short introduction into the issues of custody, in the first chapter we describe its historical development in the Czech Republic and we concentrate mainly on statutory and amendatory acts after year 1989. The second chapter discusses the term and idea of custody, its purpose, main features and custody principles. The third chapter focuses on substantive enactment of custody, specifically on conditions for custody and their definitions. This chapter also includes examples of judicature of the Supreme Court of the Czech Republic. Custody substitutions are also treated in this chapter as well this chapter include the new preliminary precautions. The forth chapter discusses formal legal custody right and explains the way the substantive custody rights, explained in the previous chapter,...
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Development and structure of juvenile crime in the Czech Republic
Cejnková, Hana ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
The central theme of my thesis is the framework and development of juvenile delinquency on the territory of the Czech Republic. Crime in general is a serious social problem. It is important not to underestimate juvenile delinquency due to the fact that young offenders often become repeat offenders. The thesis consists of an introduction, six separate chapters and a final summary. The thesis provides a list of the used Literature and Internet resources, and a list of graphs and tables. Each chapter deals with a different aspect of juvenile delinquency. The basic terms encountered in Criminology, criminal law and specifically in context of juvenile delinquency are defined in the first chapter. The second chapter provides an overview of juvenile delinquency. The first part is focused on the development of the approach to juvenile delinquency, while the second part describes the legislation development on the territory of the Czech Republic from the establishment of the independent Czech Republic to the present time. The third chapter is focused on the framework of juvenile delinquency. The first subchapter provides an overview of information sources not only about juvenile delinquency. The second subchapter deals with characteristics of juvenile delinquency . The typical causes of its origin are...
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The crime of habitual drunkenness under s. 360 of the Criminal Code
Kárász, Martin ; Tlapák Navrátilová, Jana (advisor) ; Gřivna, Tomáš (referee)
The subject matter of this thesis is a crime of habitual drunkenness under s. 360 of the Act No. 40/2009 - Criminal Code. The offense of drunkenness is atypical one among other offenses and unique in many ways. The aim of this work is to intelligibly and comprehensively describe the issue of the crime of drunkenness and aspects associated with it. The thesis is divided into five chapters. The first chapter is devoted to the possible starting points and concepts. There are three basic approaches on the issue of the crime of drunkenness and four more which are based on the concept of so-called rauschdelikt. The second chapter examines the historical development of this issue in our country. There were different regimes over time and each of them approached resolved legal issues differently. For proper grasp and understanding of the current legal situation it is therefore necessary to look back in history. This chapter overviews the most important legislation, case law, and it also contains comparison of historical development with the present one, amended with regard to the development of the institute of insanity. Chapter three is the basis of this work. It consists of a detailed analysis of current legislation and careful analysis of the elements contained in s. 360 of the Criminal Code, then again...
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Criminal Aspects of Pornography
Svoboda, Filip ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
Criminal Aspects of Pornography Summary The main purpose of this thesis is to introduce the phenomenon of pornography in terms of criminal law, to point out flaws in the current relevant criminal legislation in the Czech Republic and to propose a possible solution in a form of potential legislative changes. The thesis is composed of five chapters. The first chapter deals with definition issue of vague legal term of "pornography" and other related terms ("child pornography", "hardcore pornography"). Furthermore, it briefly describes attitudes to the term of pornography in the legal systems of Slovakia and the United States of America and examines the issue of so called virtual pornography. The second chapter provides an overview of the related most important international instruments such as anti-pornography treaties concluded in the early 20th century as well as modern United Nations and Council of Europe treaties and European Union legal documents aiming at combat sexual exploitation of children and child pornography. The third chapter outlines historical development of the Czechoslovak and Czech criminal regulation of pornography in the former Austro-Hungarian criminal codes, recodification draft bills from the era of the First Czechoslovak Republic, socialist criminal codes of 1950 and 1961 and later...
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Military Criminal Law in the Czech Republic.
Ožďan, Pavel ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
The topic of the thesis is the military criminal law in the Czech Republic. Czech military criminal law is a specific area of criminal law relating exclusively on special subjects which are soldiers, prisoners of war and in a more limited scale members of the security forces. The purpose of this thesis is to present a comprehensive picture of the Czech military criminal law, because up to now as comprehensive piece of work has not been made. The first chapter summarizes the historical development. It describes the grounds of the legal regulation with the historical background that further explains the reasons for specific legislation. This chapter is divided chronologically into four parts, the first of which introduces us to the beginnings of the development of military criminal law, the second to the development from the Middle Ages to the early 20th century, the third is devoted to military criminal law in the First Republic and the fourth to development in the second half of the 20th century. The second chapter represents a crucial part of this thesis. Firstly, it defines military criminal law in the field of criminal law describing the coherence of the different laws in this area which are relevant and necessary for the application. Emphasis is put on the definition of the terms, which are used...
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The Role of state prosecutor in preparatory criminal proceedings
Poulová, Lucie ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
The aim of this paper entitled "The Role of the State Prosecutor in Preparatory Criminal Proceedings" is to perform a comprehensive analysis, based on the valid legislation, of the individual actions taken by the State Prosecutor during the preparatory stage of criminal proceedings and to identify their possible shortcomings. The paper consists of five chapters followed by annexes. Chapter 1 presents a comprehensive history of the State Prosecutor's office since its inception to the present with a special emphasis on its historical development in what is now the Czech Republic. Chapter 2 discusses the essentials of public prosecution that come into play during the preparatory stage of criminal proceedings. Chapter 3 deals with the present-day legislation regulating the State Prosecutor's office. It is comprised of three parts. The first part discusses the constitutional foundations of the State Prosecutor's office in the Czech law. The second part provides specifications of the basic organizational structure of the State Prosecutor's office, whereas its responsibilities are described in the third part. Chapter 4 represents the most significant part of this paper. It discusses the responsibilities of the State Prosecutor's office in the preparatory stage of proceedings. The topic presented in this...
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Development and structure of juvenile crime in the Czech Republic
Majner, Miroslav ; Gřivna, Tomáš (advisor) ; Vanduchová, Marie (referee)
ANGLICKÝ ABSTRAKT Development and structure of juvenile crime in the Czech Republic The purpose of my thesis is to provide a comprehensive analysis of juvenile crime, especially in view of its causes, specific features, development and structure. I am convinced that knowledge about current situation of juvenile crime helps to deal with the most important issues of this dangerous social phenomenon. The thesis is composed of five chapters, each of them divided into parts. At first, there is an introduction after which comes Chapter one that defines the basic terminology used in this thesis. Chapter two deals with history of the criminal law access to delinquent youth in the territory of the Czech Republic since 1918 until now. Chapter three is subdivided into three parts. Part one focuses on the difference between registered and latent crime. Part two analyzes the specific characteristics of juvenile crime. Part three looks for the reasons why a minor commits a crime. Chapter four also consists of three parts. Part one describes the development of the general crime regardless of the age of the offenders. Part two addresses the issue of development of the child and adolescent crime between 1989 and 2013 including the extent of its detection. Part three subsequently investigates a detailed analysis of the...
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Protecting victims of crime
Klepalová, Veronika ; Hořák, Jaromír (advisor) ; Gřivna, Tomáš (referee)
I selected the topic of my diploma thesis some time ago, having in mind the internship that I completed at the prosecution and later at the court, where I had the opportunity to encounter the victims of criminal activity. This applied especially to situations when the victims came to serve a complaint and also to situations when they had already fulfilled their part in the criminal suit in their role of the damaged. It preoccupied me then how little are the victims in reality informed of their status and how little information is granted to them by the authorities acting in the criminal procedure. The victims often came after a not very pleasant previous experience with the policemen and dealing with them was often uneasy. It is necessary to add that the guilt couldn't be unequivocally cast upon the authorities acting in the criminal procedure flooded by a large amount of work, but the situation of the victim was unnoticed also because of the absence of a comprehensive legal framework for their rights and of the establishment of a basic standard for the care and protection of which it was entitled. This, however, changed by the adoption of the law on the victims of criminal acts, through which the treatment of rights of the victim was unified and became well-arranged and the education concerning...
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Structure and Development of Criminality in the Administrative Regions of the Czech Republic
Bejbl, Martin ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee)
This thesis is focused on the structure and development of crime in the single administrative regions of the Czech Republic over the period from year 2000 when these new administrative units were established until year 2012. The main aim of the thesis is to map and describe the structure and development of crime in the different parts of the Czech Republic, the profile of typical offenders and crime typical for the given region and last but not least the detection rate of crime committed in the analyzed areas. The text also explains the key terms such as criminology and crime and its structure and development and presents the main sources of data used for the hereabove described analysis. The difference between latent and registered crime is also discussed therein.
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Environment as a determinant of criminal behaviour
Barilik, Igor Nikolaj ; Jelínek, Jiří (advisor) ; Gřivna, Tomáš (referee) ; Holcr, Květoň (referee)
The dissertation discusses topics in environmental criminology, which is concerned with crime in relation to the environment where it occurs. The environmental approach is based upon a premise that occurrence of crime in space is neither random nor uniform. On the contrary, various types and forms of criminal activity tend to concentrate in certain places during certain times. Environmental characteristics play an important role in behaviour of individuals, hence it is possible to analyse them as one of the most important determinants of criminal behaviour. The aim of the thesis is to comprehensively introduce to the Czech and Slovak legal and criminological scholarship historical background, development and the main contemporary theoretical approaches in environmental criminology, as well as their implications and utilization in crime analysis and crime prevention. The theoretical part discusses in detail rational choice perspective, routine activity approach and crime pattern theory as an environmental meta-theory. The analytical part introduces the basics of the methods of crime mapping and geographical profiling. It also demonstrates how statistical and mapping techniques can be utilized in practice, using a set of police data concerning thefts from motor vehicles in Prague during the first...
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