|
|
The problems of judicial expertise in criminal proceedings
Dostálová, Kateřina ; Šelleng, Dalibor (advisor) ; Hořák, Jaromír (referee)
The problems of judicial expertise in criminal proceedings Abstract The diploma thesis focuses on forensic expertise and the current state of the subjects performing expert activities in the Czech Republic. Its aim is to prove empirically that the number of experts is insufficient. The thesis also focuses on possible problems that may arise in connection with the absence of experts, expert offices and expert institutes not only in practice but also in the court proceedings themselves. In order to comprehensively identify the state of expert subjects, the thesis uses analytical, normative and empirical approaches of scientific research using mainly static methods and qualitative interviews. The outflow of forensic experts is a long-term phenomenon. The current number of experts is the lowest in the last 20 years. At the same time, the list of experts includes fields and sectors in which no expert is registered. Their absence is reflected, for example, in the need for more frequent use of ad hoc experts, which can be problematic. It has a negative impact on the right to a fair trial, in particular on the so-called 'equality of arms', as only public authorities can bring in persons performing one-off expert activities. There is also a problem of undermining the professionalisation of expertise, as ad hoc...
|
|
|
The Unfit Preparation and Attempt of Criminal Offence
Smutná, Nikola ; Hořák, Jaromír (advisor) ; Říha, Jiří (referee)
The diploma thesis deals with unfit preparation and unfit attempt of a criminal offence. The issue of the criminalization of unfit actions is nothing new in jurisprudence, yet it is still a topical issue. Due to insufficient legal regulation, the low number of cases resolved before the courts and little interest on the part of the professional public, many questions remain unanswered. Act No. 40/2009 Coll., Criminal Code, does not offer a solution. It does not explicitly regulate the criminalization of unfit actions, the institute is mentioned only in a single provision, namely in § 46 paragraph 3 on abandonment of punishment. The legislator therefore left the definition of criminality and the procedure for imposing punishments for unfit actions to theory and practice. The aim of the thesis is to provide a comprehensive explanation of the unfit preparation and unfit attempt of a criminal offence, to analyze the individual problems associated with this institute and to propose their solutions. The text of the thesis is divided into a total of nine chapters. The first briefly discusses the developmental stages of the crime, the others are focused purely on unfit preparation and attempt. In the second chapter, this institute is first defined, followed by a discussion of criminality according to...
|
|
|
Significance of Victimology for the Prevention of Crime
Stejskal, Radek ; Beranová, Andrea (advisor) ; Hořák, Jaromír (referee)
The diploma thesis title: Significance of Victimology for the Prevention of Crime The goal of this thesis is to, firstly, give a comprehensive theoretical introduction to victimology and crime prevention. Based on the acquired information then analyse, what is the significance of victimology for the prevention of crime and apply the findings to a specific, endangered group of people with the goal of developing a course of action to prevent their victimization. The next goal is to critically evaluate the state of crime prevention in the Czech Republic and to present possible solutions to found shortcomings. The thesis consists of an introduction, conclusion and 4 chapters. The opening chapter focuses on the theoretical introduction of victimology as a scientific discipline, its main concepts and the historical circumstances of its founding. The author will then introduce the main sources of information for victimology and evaluate the benefits they bring to this discipline. The second chapter describes crime prevention as a whole. The author will discuss the relationship between criminal law and crime prevention and introduce the main types of crime prevention, including their evaluation. The third chapter describes victimological prevention in great detail. After the theoretical introduction of...
|
|
|
Criminalistics Study of Crime Victims (Criminalistics Victimology)
Levina, Anastasija ; Musil, Jan (advisor) ; Hořák, Jaromír (referee)
CHARLES UNIVERSITY Faculty of Law Anastasija Levina Criminalistics Study of Crime Victims (Criminalistics Victimology) Diploma thesis Abstract The Supervisor of Diploma thesis: Prof. JUDr. Jan Musil, CSc. Department of Criminal Law Date of elaboration of Diploma thesis (closing the manuscript): 03. 05. 2023 Criminalistics Study of Crime Victims (Criminalistics Victimology) Abstract This diploma thesis addresses the issue of Criminalistics Victimology, in other words Criminalistics Study of Crime Victims. It provides a brief insight into what victimology and criminalistic victimology is; whether (and how) we can determine who is a potential victim and what factors increase this risk; what types of victims there are and what is the difference between thw victim described in the Act on Victims of Crime and in Criminal Procedure Code. It also discusses purely legislative regulation. In the context of the Czech Republic, it conducts a historical excursus about how it was regulated before the adoption of Act No. 45/2013 Coll., on Victims of Crime, and gives an insight into the systematics of this Act and what it regulates. It provides information on the most important regulations governing the position of the victim in the international field. This thesis also provides insight into the analogous legislation of...
|
|
|
The Role of a Public Prosecutor in Criminal Proceedings
Müller, Jonatan ; Tejnská, Katarína (advisor) ; Hořák, Jaromír (referee)
The topic of the diploma thesis is the role of the public prosecutor in criminal proceedings. The Public Prosecutor's Office operates across the entire criminal procedure and is entrusted with partial powers in other types of proceedings, while this work deals with the public prosecutor's powers in criminal proceedings. The work describes in general terms the task of a public prosecution, the form and powers of the public prosecutor's office, as well as the procedure of the public prosecutor in the individual phases of criminal proceedings. The thesis has three thematically organized parts and these are divided into ten chapters, with the first part of the thesis divided into five chapters, the second part into three chapters and the third part into two chapters. The first chapter explains the concept of public prosecution and its history in the territory of the current Czech Republic. The second chapter is devoted to foreign forms of public prosecution and special units of public prosecution. The third chapter is devoted to the legal regulations governing the public prosecutor's office. The fourth chapter presents the public prosecutor's office system, supervision and disciplinary responsibility of public prosecutors. The fifth chapter provides an overview of the powers of the public prosecutor's office in...
|
|
|
Criminological Aspects of Organised Crime
Klusáčková, Karolína ; Scheinost, Miroslav (advisor) ; Hořák, Jaromír (referee)
Criminological Aspects of Organised Crime Abstract The aim of this thesis is to comprehend the topic of organised crime in its entirety and to create an overview that will help to understand this phenomenon in the context of the contemporary world. The thesis analyses the phenomenon primarily from the criminological point of view but also from the criminal law point of view. The thesis is divided into two parts. The first part is a general treatise on organised crime. The second part pursues organised crime in the Czech Republic. The first chapter deals with the concept of organised crime from several perspectives. In addition to the legal and criminological definition, it also explores how this concept is defined in foreign literature. Furthermore, this chapter introduces the concept of transnational organised crime, the understanding of which is crucial for current criminology. At the end of the chapter, the differences between certain types of group criminal activities are explained. The author would like to highlight significance of the second chapter, which examines the subjects of organised crime, because chapters focused on victims and perpetrators are rather sporadic in the literature on organised crime. One of the subchapters is dedicated to the criminal organisation itself - it states what types...
|
|
|
Participation
Semerád, Vojtěch ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
The submitted master thesis deals with the issue of regulation of participation in a criminal offence, i.e. criminal liability of persons who participated in a criminal offence, as a wide range of perspectives on the question of how to build a system of criminal liability of persons participating in a criminal offence can be observed across legal systems. Thus, the primary aim of this thesis was to analyse the current legal regulation of participation in the Czech Republic, which allowed to identify the strengths as well as the problematic points of the Czech regulation. Since an integral part of the analysis is a de lege ferenda perspective, the logical outcome is to compare the results of the analysis with the regulation of participation in France and to look for intersections and differences between the two regulations. The thesis is internally divided into 4 chapters. The first chapter provides a general introduction to the issue of criminal complicity, i.e. it includes the definition and differentiation of participation and other forms of criminal complicity, which has led to the creation of a working framework within which the issues of the following chapters will be analysed. The second chapter is devoted to two theoretical approaches to the regulation of participation, namely monistic and...
|
|
|
The issue of the crime victim in criminology
Ulrychová, Kristýna ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
The issue of the crime victim in criminology Abstract This thesis deals with the issue of the crime victim in criminology. It aims to introduce the reader to this issue not only through describing the development of the view of the victim throughout history, but also by taking the reader through the process of victimization and introducing them to, among other things, the role that the victim's behaviour or the relationship between victim and offender may play in this process. I also outline what factors can influence anyone to become a victim and the impact a crime can have on a victim. Finally, I describe the current state of victim protection in selected legislation and the types of assistance provided to victims. I also pay attention to victimological prevention, its types and forms. In the text of the thesis, I also mention several de lege ferenda proposals. The method I have used in my thesis is mainly descriptive and analytical. This thesis is divided into an introduction, five additional parts, which are then divided into chapters and some into sections, and a conclusion. The first part is devoted to the definition of criminology and then victimology, its subject, a brief history of its development and the changing view of the victim. It also looks at the concept of the victim in criminology and the...
|
|
|
Indirect perpetration
Kišari, David ; Hořák, Jaromír (advisor) ; Tlapák Navrátilová, Jana (referee)
Indirect perpetration Abstract This thesis deals with the institute of indirect perpetration, mainly focusing on the Czech substantive regulation of this institute of criminal law. The aim of this thesis is to provide a detailed interpretation of the concept of indirect perpetration not only in the context of the current legislation, but also in the historical context. Emphasis is also placed on the analysis of problematic aspects of indirect perpetration, as well as comparison with other important institutes of criminal law. The thesis is divided into four chapters. The first chapter deals with a historical perspective on indirect perpetration, and for this purpose the chapter is divided according to the effectiveness of past criminal codes. Within this chapter, the views and perspectives of the criminal law theorists of the time on the institute of indirect perpetration are thoroughly described and then compared, as these views often differed in many aspects. Attention is also paid to the background of the adoption of the new Criminal Code, and the related issue of incorporating the examined institute of indirect perpetration directly into the text of the law. The second chapter is devoted to the perpetrator of the offence and to the conditions of his criminal liability. This part of the thesis is also...
|
|
|
The crime of money laundering
Minařík, Martin ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
1 The crime of money laundering Abstract This Master's thesis on the topic of legalisation of proceeds of crime aims to offer a complex analysis of the problematic aspects of this crime in its narrower sense, under the provisions of section 216 (2) and its negligence form in Section 217 (1) of the Criminal Code. The thesis in its opening part focuses on the terminology used in Czech law and the differences between the terms "legalisation of proceeds of crime" and "money laundering" and explains why it tends to use the latter term. The second part of the thesis is focused on the historical evolution of this crime in Czech criminal law and explains reasons for its incorporation in the old Criminal Code, and all the changes this crime has gone through, during the time in which the old Criminal Code was effective. The following part of the thesis focuses on the evolution of the crime of money laundering in the currently effective Czech Criminal Code with a special focus on the most recent amendment, which resulted in the merger of crimes of money laundering and crime of participation on the proceeds of crime in the Section 216 of the Criminal code. The third chapter of the thesis is focused on the most important international organisations and international documents which have built the foundations of...
|
guest ::
RSS feed.