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Criminal Aspects of Corruption
Andraš, Jozef ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
Corruption is a very current problem, which occurring in both the public and private sectors, poses a great threat to society as a whole. The main goal of the diploma thesis is to provide a thorough analysis of the legal regulation of corruption in the Czech republic. Therefore, this work presents both substantive law, with focus on criminal offenses of bribery, and procedural law. The introductory section of the thesis introduces the theoretical aspects of corruption; namely the definition of this term as well as other related terms, types of corruption or the possibilities of measuring it. The author does not omit the relevant European and international aspects of the fight against corruption. The main part of the thesis is devoted to the Czech legislation currently in force related to bribery; but it deals with the development of legislation in the Czech Republic, too. Thus, the work discusses criminal offenses of bribery; corruption sanctions regime, as well as procedural tools focused on uncovering corrupt conduct. The final part of the work focuses on the comparison of legislation in the Slovak republic and French Republic. The current Czech legislation reflects the obligations arising from the law of the European Union and international law. As corrupt individuals do not hesitate to use all...
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Current issues of custody within Czech criminal proceedings
Benediktová, Eliška ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
Current issues of custody within Czech criminal proceedings Abstract This submitted thesis describes custody's current issues within Czech criminal proceedings. The custody is an established and irreplaceable institute that has been for a long time a traditional part of criminal proceedings. Due to the nature of this institute, representing a major interference with personal freedom of the individual, it is still widely discussed not only by experts but also attracts the attention of the general public. The thesis itself consists of five consecutive chapters. The first chapter defines the concept and purpose of the custody, considering its basic principles. The following second chapter includes a brief description of custody's historical development in the Czech Republic, but the chapter also serves as an introduction to understanding the current legislation. In addition, the valid regulation is the one of 1961, which has undergone several changes since its adoption. The third chapter deals with the material concept of custody law, i.e. the legal conditions for the custody imposition and the analysis of individual reasons for it, trying to capture the bottlenecks of the related law. The fourth chapter describes some aspects of formal custody law, which characterizes the processes of authorized bodies in...
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Criminological Aspects of Hate Crime
Vlček, Vítězslav ; Kopečný, Zdeněk (advisor) ; Galovcová, Ingrid (referee)
Criminological Aspects of Hate Crime Abstract Hate crime refers to a set of crimes committed for a prejudicial motive against a group of people for their essential personality characteristics such as nationality, religion, or sexual orientation. Topicality of the issue stems from the fact that related social phenomena such as racism, xenophobia, radicalisation, or discrimination of minorities are far from being satisfactorily dealt with even in Western society. The fundamental goal of this thesis is to provide the reader with a comprehensive criminological view of hate crimes in the territory of the Czech Republic. Main findings include the following: the concept of hate crime is not unified in theory nor legislation in terms of protected characteristics, which negatively translates into research and policy of hate crime. The quantity of registered crime is in the order of less than 200 crimes per year, its trend is downward, and its structure is predominantly non-violent; unfortunately, it is also accompanied by high latency. The Czech perpetrator is usually male and a repeat offender, in early adulthood, with a basic education and without a factual relationship to extremist groups. Victims of violent forms of hate crime are, in principle, suffering more intense harm (especially psychological) than victims...
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Punishment of disqualification and its control
Makovička, Jaroslav ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
Punishment of disqualification and its control Abstract The topic of this diploma thesis is the punishment of the disqualification and its control. The main goal of this work is to analyze the regulation of the disqualification of activity in the Czech legal system, to describe the control of its execution and especially the pitfalls associated with control and, last but not least, to propose changes in legislation. The text of the thesis is divided into nine chapters, some of which contain subchapters. In conclusion, I summarize and assess the results of the work set out in its introduction. The first chapter discusses the theoretical nature of punishment and its purpose in general and then specifically the punishment of disqualification itself. The second chapter traces the historical development of the punishment of disqualification. The third chapter is divided into three subchapters. The first of them represents the system of punishments in the Czech legal system, the other specifically focuses on alternative punishments and the last is focused only on the punishment of disqualification. The fourth chapter, divided into four subchapters, is devoted to the imposition of the punishment of disqualification and its imposition. This part of the work outlining the practice of the courts is based mainly on...
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Confession and its impact on the criminal proceedings
Říhová, Eliška ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
1 Confession and its impact on the criminal proceedings Abstract The aim of this thesis is to provide a comprehensive view of the issue of confession, to characterize this legal concept and describe its importance in matters of substantive and procedural criminal law. For this purpose, the author synthesized the available legal, doctrinal, judicial and other relevant information with her own opinions and considerations de lege ferenda. The content of the thesis is divided into six chapters. The first chapter contains a historical introduction covering the development of confession from the 14th century to the political trials of the 1970s. The second chapter characterizes confession in terms of content and form, focusing on particular requirements for confession and various situations in which it can be made. It also focuses on the legal concept of declaration of guilt, its differences from confession and the mutual relation between the two aforementioned in the light of the recent amendment to the Criminal Procedure Code. The third chapter deals with confession as the evidence and its significance even in case it is revoked or obtained in an inadmissible manner. The fourth chapter deals in more detail with forced confessions, methods of physical and mental pressure on the defendant and presents the results...
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The possible solutions of juvenile criminal liability in the European context
Pošíková, Lenka ; Galovcová, Ingrid (referee)
The thesis thoroughly examines the issue of response to juvenile delinquency and potential solutions of their criminal liability in the European context. The thesis describes the historical development of approach to juvenile delinquency, as well as basic models of youth justice. The important part of the thesis focuses on comparative analyses of selected foreign legislation, namely the legal order of Germany, Austria and Switzerland. In depth are analyzed penalty systems of those countries and their mutual comparison. Further part is dedicated to evaluation of selected sanctions in terms of their effectiveness based on knowledge about recidivism of juvenile offenders. In relation to effectiveness of sanctions the thesis deals with question how to influence different types of juvenile offenders from the perspective of developmental criminology, especially chronic offenders. Author pays attention to the phenomenon of chronic juvenile offenders, formulates risk factors used to identify and predict the life-course delinquency. Following subpart discusses two of the most important factors influencing the committing of serious crimes by juveniles, e.g. delinquent peer groups and immigrant origin, which are relative neglected in the Czech professional literature. The importance of immigrant origin for a...
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Urgent and unrepeatable acts
Kučera, Petr ; Tejnská, Katarína (advisor) ; Galovcová, Ingrid (referee)
and keywords Urgent and unrepeatable acts Urgent and unrepeatable acts are procedural acts of criminal proceedings in which there is a conflict between the rights of the defense with the purpose of criminal proceedings consisting in the lawful determination of the circumstances of the commission of a crime and in the fair punishment of its perpetrator. This conflict is tolerated because urgent and unrepeatable acts are used to secure and take evidence that risks being thwarted, destroyed or lost, or evidence that cannot be taken in court proceedings. The aim of this work is to describe and analyze the conditions under which these, by their nature exceptional, acts of criminal proceedings can be performed and to analyze the consequences of non-compliance with these conditions. To this end, the first chapter described the structure of criminal proceedings with a focus on the structure of preparatory proceedings and analyzed the definition of urgent and unrepeatable acts, provided some typical examples and an analysis of the problematic definition of urgency. In the second chapter, in addition to the general conditions of evidence, the formal and material conditions for performing urgent and unrepeatable acts were analyzed, including the question of whether some additional conditions imposed on...
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Culpability in Criminal Law
Schmalzová, Kateřina ; Galovcová, Ingrid (referee)
Culpability in Criminal Law The diploma thesis deals with the topic of culpability in criminal law, which is an obligatory attribute of the subjective aspect of the criminal offence. It characterizes the offender's psyche in relation to the criminal offence. In Czech criminal law, the principle of liability for fault (nullum crimen sine culpa), according to which there is no crime without fault, applies. The diploma thesis is divided into five chapters. The first chapter is focused on the general introduction; in which the crime and its merits are discussed. The largest part is left to the interpretation of the subjective aspect of the criminal offence and its obligatory and facultative characteristics. The chapter concludes with a treatise on the concept of guilt in criminal law. The second chapter deals with the historical development of the institute of culpability in the criminal codes, which used to be applicable in our territory, from the period defined by the applicability of the Act on Crimes, Offenses and Misdemeanours to the Criminal Code of 1961, which was replaced in 2010 by the current Criminal Code. The third chapter deals with the current regulation of culpability in criminal law, the most part is left to the general characteristics of the regulation of culpability in the applicable...
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Unconditional imprisonment
Tomíčková, Kristína ; Galovcová, Ingrid (referee)
The aim of this thesis is to describe the execution of unconditional imprisonment in the Czech republic and to analyze the actual problems of the Czech penitentiary system. It also tries to propose convenient solutions of the main problems. The extend of this thesis is reduced to the execution of penalty, therefor other forms of detention are excluded. The unconditional imprisonment is the strictest penalty in Czech legal system and it has a major impact on the convicted human beings. That is why I tried do describe how the actual penitentiary system works and what are its weak points. This thesis also tries to compare the ideas of global modern reforms, like humanization and therapeutical concept of punishment, to the real situation of Czech imprisonment. This thesis consists of eight chapters, each of them deals with various aspects of this form of punishment. The first chapter is devoted to theoretical issues of the concept and purpose of the punishment. This part is necessary and desirable for later interpretation of imprisonment problematic. The second chapter describes the legal fundaments of unconditional imprisonment according to international law and its impact on practice. The third chapter describes the legal fundaments of unconditional imprisonment according to Czech national law. It...
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Alternatives to unconditional sentence of imprisonment
Brabec, Ladislav ; Galovcová, Ingrid (referee)
Alternatives to unconditional sentence of imprisonment ABSTRACT This master's thesis deals with the topic of alternatives to unconditional sentence of imprisonment. The aim of the thesis is to evaluate advantages and disadvantages of alternatives to unconditional sentence of imprisonment, carry out a critical analysis of its legislation and provide own de lege ferenda proposals. Throughout the whole paper, comparative method is widely used. The Czech legislation is compared not only to the legislation of (central) European states, but to the legislation of the United Kingdom, Canada and the United States as well. The paper is divided into nine chapters in total. The first three chapters provide an excursion to the problematics of the term punishment and its purpose, alternative measures and (predominantly) critical analysis of unconditional sentence of imprisonment. Chapters four to seven analyse individual means of alternative sentences, i.e. house arrest, community service, fine and (supervised) conditional sentence of imprisonment. Each of these chapters is build up on the basis of a uniform model. Within single chapters, every type of punishment is analysed from the point of view of its essence and historical development, imposition and exercise of punishment, conversion of sentence into unconditional...
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