|
|
The issue of the concept of criminal custody
Beňák, Ondrej ; Hořák, Jaromír (advisor) ; Bohuslav, Lukáš (referee)
The thesis deals with the issues of pre-trial detention in the criminal procedure of the Czech Republic. It comprises and compares opinions voiced by various scholars, high courts and myself. The thesis also includes a section about the rules of pre-trial detention in the American federal criminal procedure and compares it with the Czech system. The first part of the thesis is the Introduction, in which the goals of the thesis are set out. The second part is the main part of the thesis and it is divided into five chapters. The first chapter consists of a general description of pre-trial detention in the Czech Republic and the principles that govern it. The second part is called Formal Rules of Pre-Trial Detention, and it deals with the issues of competence, court procedure and decision-making. The third chapter is where the focus point of the thesis lies, as it investigates the conditions of ordering a pre-trial detention of a person and adresses the numerous problems that arise in this area. The fourth chapter describes the conditions for pre-trial release of an accused person, including the legislative changes recetly made in this area. The fifth chapter explores the American federal criminal procedure and compares it with the Czech criminal procedure. It also includes American scholars'...
|
|
|
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...
|
|
|
Quasar accretion disk mapping by gravitational microlensing
Ledvina, Lukáš ; Heyrovský, David (advisor) ; Horák, Jiří (referee)
Quasar microlensing is a relatively newly explored phenomenon, which is ideally suited for studying the spatial distribution of emission from the innermost accretion disc. By now we know many macrolensed quasars, in which we can observe multiple images formed by the deflection of light in the gravitational field of an intervening galaxy. In case one of these images passes directly through the stellar population of the galaxy, it can be additionally microlensed by individual stars. The gravitational field of these stars forms a caustic network for light passing by. When a quasar accretion disc crosses behind this network, induced changes can be observed in the light curve as well as in the spectrum. In the first part of this thesis we study the statistics of the time intervals between successive caustic crossings. In the second part we use a fully relativistic Kerr-metric thin-disc model for studying the light curve of a fold-caustic crossing and its dependence on the accretion- disc parameters. In the last part we simulate changes in the X-ray iron-line profile during a fold-caustic crossing. We find characteristic spectral features formed on the line, and derive their analytical description. Finally, we map the maximum strength of microlensing-generated peaks on the spectral line for different...
|
|
|
Criminological Aspects of the Drug-related Crime
Kuľhová, Lívia ; Zeman, Petr (advisor) ; Hořák, Jaromír (referee)
The subject of this thesis is the issue of criminological aspects of drug-related crime. This topic is considerably wide, therefore this thesis focuses on two specific aspects of this particular crime: the relationship between drug use and crime and the criminal careers of drug-addicted offenders. Since these two aspects are still being overlooked in the Czech Republic, the aim of this thesis is to introduce this issue using foreign literature and to complement it with my own research carried out within the Capital City of Prague. The first part of the thesis (Chapters 1 and 2) represents an introduction into the issue of drug-related crime. First, it explains basic notions that are essential to know for easy orientation within the thesis. Then, it discusses the history of drug abuse in the Czech Republic from 1918 until nowadays, and also complements current situation with an actual drug policy strategy. The second part of this thesis (Chapters 3 and 4) focuses on acquainting with the issue of the relationship between drug use and crime and the criminal careers. Using mostly foreign literature, it looks at these specific problems from two different perspectives: describing both the most famous theories and models and the most recent or well-known empirical researches. The last part of the thesis...
|
|
|
The issue of a crime victim in criminology
Dleštíková, Tereza ; Hořák, Jaromír (advisor) ; Vanduchová, Marie (referee)
The aim of this thesis is to examine the concept of victims of crime from the point of view of Criminology. It is presented within the law studies, so its object also consists of the analysis of the international and national legislation relating to the position and rights of the victim, or more precisely, the aggrieved party in criminal procedure. Firstly, the work presents the concept of Victimology - the scientific discipline about the victims of crime, and it focuses on processes and factors of the victimization. The following chapter is focused on the victimology prevention. The second part of the thesis is dedicated to the study of the european legislation regarding the assistance, protection and compensation of victims of crime. Moreover the work describes the victimology legislation of Spain and the Czech Republic and compares the role of the aggrieved party in their criminal justice systems.
|
|
|
Crime of murder and killing under Section 140, Section 141 of the Czech Criminal Code
Kučera, Petr ; Hořák, Jaromír (advisor) ; Vanduchová, Marie (referee)
This work explores in general intentional homicide according to the Czech law. Until recently, all cases of intentional homicide were considered as a murder. The new Czech penal code, adopted in 2009, divides intentional homicide into two crimes: original murder and less serious manslaughter. As mentioned above, crime of murder has gone through some important changes. In recent penal code, body of this crime is more divided for better fitting for specific offender; there is distinction between simple murder, which has affective character and premeditated murder or murder committed with aforethought. The term premeditation can be basically defined as mental activity of the offender that rests in evaluating of contradictory driving motives and precedes and determines the decision to commit a crime or to commit a crime in a certain way. Premeditation and aforethought characterize cases, in which the offender had relatively higher degree of rational control over his or her criminal act. Offender had a chance to take into account the motives dissuading him from the crime. Crime of manslaughter is a new a privileged factum in the system of Czech homicide law. It has two possible factums: excusable intense mental agitation and previous condemnable conduct of the aggrieved. Next part of the work focuses on the...
|
|
|
Domestic violence and its prevention
Přikrylová, Kristýna ; Hořák, Jaromír (advisor) ; Vanduchová, Marie (referee)
Domestic violence and its prevention My Master's degree thesis is titled "Domestic violence and its prevention". The purpose of my thesis is to present the domestic violence as an important phenomenon which our society contends with. The domestic violence represents a problem which has an essential influence on its victims, it causes substantial effects on their private live, family relationships and also their health. The thesis is composed of eleven chapters, each of them is subdivided into several subchapters. Opening chapters deal with the criminological aspects of the domestic violence, subsequent chapters concern the legal matters regarding the domestic violence. Final chapters attend to the prevention of the domestic violence and analyze the occurrence of the domestic violence in the Czech Republic. Chapter One is introductory and raises basic issues connected with the topic of the domestic violence. The chapter is subdivided into eight subchapters which define the term of the domestic violence, name its signs and tokens, distinguish between particular types and varieties of the domestic violence, describe the domestic violence as a dynamic phenomenon and declare the causes of this phenomenon. Consequential passages characterise the participants of the domestic violence. Chapter Two relates...
|
|
|
Crime of murder and killing under Section 140 and 141 of the Czech Criminal Code
Žáčková, Michaela ; Hořák, Jaromír (advisor) ; Šámal, Pavel (referee)
Resumé This thesis called "Crime of murder and killing under Section 140, 141 of the Criminal Code" focuses mainly on description these two crimes, basic problems with interpretation of vague legal concept and evaluating the benefits of the new legislation. Thesis deals with the issue in terms of criminal law, not the criminological point of view. In the beginning, it contains the history of legal regulation of intentional killings in our country, development the protection of human life and main principles governing penal codes in Czech history. Subsequently, the thesis applies one's mind to the status of human life in the present. The protection of human life occupies one of the leading places in the Charter of Fundamental Rights and Freedoms of Czech Republic and in a new Criminal Code effective from the year 2010. Right to life is also the subject of many international treaties or declarations, the most important of them are mentioned. One chapter is devoted to question of precise determination the moment of commencement and termination of human life, which is very important for answering the other question, whether the crime of murder or killing, have been committed or not. The core of the thesis is devoted to characterizing the main elements in murder and killing. New criminal code, Act No. 40/2009,...
|
|
|
Domestic violence - in particular, criminological and criminal aspects
Kudryová, Michaela ; Hořák, Jaromír (advisor) ; Gřivna, Tomáš (referee)
Resumé (Aj) Domestic violence - in particular, criminological and criminal aspects The domestic violence is a significant societal problem which requires the attention of every state. But this opinion did not prevail in history. Although the domestic violence appeared across all social strata and historical periods, it was viewed as private problem of the family. In the Czech Republic the domestic violence has started to be considered as a public affair in last years. Nowadays the state guarantees especially a protection to victims of domestic violence. The legal order of the Czech Republic contains several acts affecting the domestic violence. The regulation of this phenomenon can be found in both private and public law. The aim of my thesis is to provide an integrated view to the domestic violence issue focusing on criminological and criminal aspects. This thesis is divided into eight chapters. First I tried to define a fundamental characteristics of domestic violence, then I turned my attention to the victimilogy and mainly to victims of domestic violence and impacts of the violence on their psyche. Third chapter is devoted to the Domestic Violence Act, which contains in particular legislation relating to expulsion as a protective instrument against domestic violence or introduces intervention centers....
|
|
|
Domestic violence and its prevention
Prudilová, Jana ; Gřivna, Tomáš (advisor) ; Hořák, Jaromír (referee)
1 Summary The topic of the diploma thesis is "Domestic violence and its prevention". The thesis is therefore divided into two parts - the first part dealing with the phenomenon of domestic violence and the second one focused on possibilities of prevention de lege lata and de lege ferenda. The main aim of the diploma thesis was to provide a general overview of this matter, analyze chosen aspects of domestic violence, emphasize related actual or controversial issues and after comparison with the foreign legal orders to suggest possible regulation of the issues not regulated. The presented diploma thesis consists of six chapters, each one dealing with another aspect of domestic violence. The first chapter should provide an introduction to the topic, define the scope of domestic violence and its features, explain principle of the cycle of violence and concentrate as well on the victimology. The second chapter scrutinizes the types and forms of domestic violence. The third chapter is dedicated to criminal law, examining criminal offences related to domestic violence and particular questions of the criminal procedure especially consent of the injured party to the prosecution and compensation of other than proprietary loss. The fourth chapter deals with comparison of the Czech legal regulation with the foreign...
|
guest ::
RSS feed.