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Culpable homicide - Selected issues of investigation and legal classification of cases of culpable homicide in the Czech Republic and Slovakia
Barilik, Igor Nikolaj ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
CULPABLE HOMICIDE Selected aspects of investigation and legal qualification of culpable homicides in the Czech Republic and Slovakia The presented Master's degree thesis deals with the topic of culpable homicide, as defined in the newly re-codified Czech and Slovak Penal Codes, and interpreted by the Czech and Slovak criminal law doctrine. Selected aspects of homicide investigation are also discussed, with the aim at the significant impact of the immediate crime scene and deceased victim's body inspections on the legal qualification of an act of homicide. Theoretical discussion is furthered with case analyses. Chapter One examines the newly adopted Czech and Slovak legislation concerning the classification of crimes punishing homicide. Both doctrines divide the act of culpable homicide in the two possible groups according to the offender's state of mind affecting the criminal conduct: wilful and negligent homicide. The new Czech Penal Code recognizes the crime of murder as wilful homicide, with more severely punishable sub-category of premeditated murder, and privileged sub-category of infanticide; and the crime of manslaughter, which is also wilful homicide, but committed under certain mitigating circumstances. Negligent homicide can be considered as the qualified crime of battery resulting in...
Death penalty
Hermanovský, Daniel ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
Death penalty Death penalty is one of the most controversial sentences in the history of mankind. It was known even 2000 years B. C. and the most famous civilizations as Roman Empire or ancient Greeks were using it. Later in 19th century we can hear first strong voices demanding abolishment of death penalty. The Pioneer was Cesare Beccaria and his work Dei delitti e delle pene. Nowadays 95 countries have abolished death penalty for all crimes, 9 countries abolished it for ordinary crimes and 35 countries have death penalty among sentences but they do not use it. In Czechoslovakia there was death penalty almost through whole existence of Czechoslovakia. It was abolished not until year 1990, after "velvet revolution". Methods of executions have always been very different and they varied depending on the place and time. Among the most known belongs crucifixion, burning to death, decapitation, guillotine, hanging, gas chamber, electric chair and lethal injection. In my dissertation I have to mention two very different countries which still use capital punishment to a large extent. These are United States of America and China. In the USA capital punishment has a long history and nothing seems to suggest that something is going to change even though there were executions of innocent people or executions which...
Unconditional imprisonment
Kehar, Ondřej ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
Unconditional imprisonment The main purpose of this thesis is to evaluate the current legislation of the unconditional imprisonment and its application in practise. The author focuses predominantly on the treatment program for sentenced persons and the ways to apply discipline in prison. In the first chapter the author pursues the theoretical definition of punishment and the position of unconditional prison sentences in the system of other punishments. The focus is also on the development of penological systems during the past two centuries. The second chapter describes the system of Czech prisons assigning prisoners to various types of prisons and the first days after taking a prisoner to a detention center. This chapter is the introduction to the course of compiling a comprehensive report on the conviction. Third and main chapter is devoted to the treatment program and its individual components, ie. work activities, including the current problems of this area, further education, special educational and special interest activities and shaping the field of external relations. The author discusses not only the statutory definition of these components, but also gives practical examples from various prisons. Finally, this chapter focuses on the evaluation of treatment of prisoners and redeployment to other...
Criminal Liability and Imposing of Sanctions on Juveniles
Němcová, Alena ; Jelínek, Jiří (advisor) ; Gřivna, Tomáš (referee) ; Sváček, Jan (referee)
SUMMARY: CRIMINAL LIABILITY AND IMPOSING OF SANCTIONS ON JUVENILES A separate legal rule regulating criminal liability and judiciary over the youth has appeared again in the legal order of the Czech Republic since the year 2003. Although the Czech law knew the judiciary over the youth in the past, this rule is considered as a repeated break with the legislation, because after several decades, there has been again a criminal rule applicable specifically to persons younger than eighteen years. The legislator returned to a legal regulation similar to that being in force in Czechoslovakia in the thirties of the 20th century. The act on judiciary over the youth valid at that time has become a significant inspiration to the present legislator which has been continuing in modern legal regulation valid in Czechoslovakia from the year 1931. The then legal regulation as well as the present one reacts to the now preferred legal or sociological premises of punishment and the purpose of punishment. The basic theoretical premise which the legislator supports is the principle of restorative justice, but we can trace the impact of also other legal, sociological or philosophical attitudes in the act on judiciary of the youth. The currently valid act No. 218/2003 Coll., on liability of the youth for wrongful acts and on...
The issue of juvenile criminal justice
Vančurová, Lenka ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
of the thesis This thesis describes some of the problems that criminal law and criminal justice over children and teens has to challenge. All the problems come from the fact that childhood and adolescence are special periods of time with characteristics that are very different from those of adulthood. Among the other ones, the susceptibility is especially accented, pointing out that children and teens rather easily, in contrast to adults, fall for criminal career. Criminal law generally does not offer applicable rules for concerned age groups due to the fact that legislator is aware of the issue as well as the necessity of a special legislation for juvenils only. In the first chapter, there is a basic description of problems. One of the main problems criminal law and justice over youth have is a need for special responsibility conditions, as general law is too severe towards youth. Second problem is the problem of labelling (or stigmatization) that occurs frequently as a consequence of a criminal action. Another thing is that family often fails its nurturant duty to children and teens. Then the government must assume responsibility for education and care of them. The challenge here is - how much respect to family should be taken before intervention is necessary and of what intensity can the...
Criminal Lisability of legal entities
Zatsepina, Lina ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Diploma Thesis: Criminal Liability of Legal Entities Abstract: This graduation thesis deals with problems of potential introduction of criminal liability of corporations into the legal order of the Czech Republic Its main purpose is to analyze selected legal aspects of criminal liability of corporation, compare foreign approaches with the Czech Draft Act and to suggest possible amendments for the future introduction of the Draft Act.
Crime relating to the abuse of addictive substances
Hermanovský, Lukáš ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The subject of this thesis is one of the most serious problems of modern civilizations which is drug and drug abuse. This problem bears international character and therefore needs to be solved on international basis and with cooperation between all sates and nations involved. Big role concerning this problem play international organizations and treaties, especially OSN and its documents (these are described in chapter 5.). International cooperation is then reflected in particular legal systems of individual states (our legal regulations, the core of which lays in statute no. 40/2009, the penal code and in some other statutes, are described in chapter 6.). Basic principles as well as some detailed technical matters (for example lists of drugs and addictive substances) are, thanks to global unifying tendencies, common to large number of states. Details of legal regulations is, however, up to particular states, which also take into account their traditions and legal historical aspects, when proposing new provision or statute (chapter 2. contains historical aspects of Czech drug scene development). Particular legal regulations are therefore less or more different in different states (comparison between Czech and Slovak legal regulations regarding addictive substances abuse is in chapter 7.). Important part in...
The instruments of criminal law in the fight against organized crime
Schramhauser, Jan ; Jelínek, Jiří (advisor) ; Sváček, Jan (referee) ; Ivor, Jaroslav (referee)
UNIVERZITA KARLOVA V PRAZE Právnická fakulta Katedra trestního práva DISERTAČNÍ PRÁCE TRESTNĚPRÁVNÍ NÁSTROJE BOJE S ORGANIZOVANÝM ZLOČINEM Vedoucí disertační práce: Prof. JUDr. Jiří Jelínek, CSc. Zpracovatel: JUDr. Jan Schramhauser English summary This dissertation thesis addresses the issue of organised crime and the selected primarily criminal-law tools intended for the fight against organised crime. The thesis consists of four parts divided into individual chapters and sections. Having mainly a criminological focus, the introductory part defines organised crime and groups aimed at commission of such crime. It analyses certain definitions available from the Czech and foreign literature, compares them and discusses whether it is possible to define organised crime uniformly and universally. Afterwards it specifies the basic features of organised criminal groups, provides their characteristics and includes a brief excurse into selected criminal organisations. The first part also describes the historical development of certain criminal groups up to now and examines, in particular, the causes and the circumstances of the organised crime expansion in the Czech Republic after 1989, its main activities in our country and other issues. It refers to the legislation which was very insufficient at that time, the...

National Repository of Grey Literature : 667 records found   beginprevious453 - 462nextend  jump to record:
See also: similar author names
20 JELÍNEK, Jakub
42 JELÍNEK, Jan
14 JELÍNEK, Jaroslav
16 JELÍNEK, Jiří
16 JELÍNEK, Josef
20 Jelínek, Jakub
42 Jelínek, Jan
14 Jelínek, Jaroslav
16 Jelínek, Josef
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