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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...
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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...
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The injured party in criminal procedure and his/her protection
Valíčková, Martina ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The injured party in criminal procedure and his/her protection- summary Martina Valíčková In my diploma thesis I would like to point out certain facts of an injured person and his/her position in the criminal procedure. I would like to sum up individual opinions and thoughts of some experts, outline possible solutions for some issues so that the injured person would not be out of the attention in the criminal procedure, but to be its fully-fledged participant whose interests are truly considered in the criminal procedure. In the introduction of my thesis first I deal with general issues. I define the concept of an injured person and damage, I outline specific cases, when the injured person's participation in the criminal procedure is excluded or limited. Last but not least is a short excursus presenting some of its rights and I also outline certain imperfections of legal regulation. This more or less general exposition of an injured person is followed by the chapter which describes the situation of literary processing. The third chapter concerns adhesion proceedings. For the injured person in context with his/her participation in the criminal procedure, compensation for damage is crucial, but surely it is not possible to limit the sense of his/her participation in the criminal procedure only to this extent....
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The crime of habitual drunkenness under s. 201a of the Criminal Code
Vlásenková, Jana ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The offence of intoxication - article § 360 of the criminal code Resumé This final thesis deals with the offence of intoxication, possible approaches on to how to punish such offenders whose insanity causes their intoxication. This thesis points out some of the difficulties that could occur while interpreting and applying the law, and is trying to suggest a solution that better corresponds with modern legislation and legal principles. The offence of intoxication - article § 360 of the Criminal Code is actually a special offence based on a construction of the facts of the case, concept of Rauschdelikt. It was restored into our Criminal Code with the amendment of an Act in 1991, which replaced the previous full criminal liability of individuals who caused their insanity voluntarily. The offence of intoxication is an important criminal law theory for its attitude to a "liability for fault" principle, which the criminal offence of intoxication "breaks through" and extends conditions of criminal liability itself. Insanity is generally considered a condition that relieves the perpetrator of criminal liability, but not in the case of the offence of intoxication. From society's point of view it is considered enough to distinguish between the insanity caused by an inborn mental disease and insanity caused by another...
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