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Peculiarities of child interrogation
Bažantová, Michaela ; Krupička, Jiří (advisor) ; Dvořák, Marek (referee)
1 Summary This thesis focuses on the description of specific elements occurring during the interrogation of children. The interrogation of children differs from the interrogation of adults and has its own rules due to the incomplete development of children and their psychological specifics. The entire thesis is divided into four chapters, which are further subdivided into individual subsections. The information used in this thesis were drawn from specialized literature, specialized articles, case law and legal regulations, various internet sources and finally also from materials provided by the Police of the Czech Republic and personal experiences of the Police Inspector. The aim of this work is a general summary of the available knowledge on the topic of the peculiarities of children interrogation and at the end of this work, there is an attempt to find and describe the theoretical knowledge discussed in the thesis in the ongoing practice of child interrogation from the provided protocols. The introductory chapter of the thesis is devoted to the explanation of the basic concepts that are key to the thesis. These concepts include the multidimensional concept of interrogation, which is described as it is viewed by various scientific disciplines, and the concept of a child in the Czech legal system, the...
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Development and other perspectives of drug offences
Lucký, Matyáš Teodor ; Krupička, Jiří (referee)
Development and other perspectives of drug offences Summary The subject of this thesis is the criminal law governing the manipulation of psychoactive substances or so-called drug offenses. For the purposes of the thesis the term psychoactive substances is equal to the term narcotic drugs and psychotropic substances as used in Act 40/2009 Coll., Criminal Code. Special attention is then paid to the real impact of this regulation in the area of drug related issues. The first chapter maps the development of laws governing psychoactive substances from antiquity to present day while observing the repetitive trends in the historical legal approach. The attention is also paid to the modern development in this area in the international field, with particular focus the most important conventions signed during the twentieth century and the gradually increasing role of the European Union. The changes in the legal treatment of drug offenses on Czech territory are then described in more detail, the current Czech legislation being one of the main focuses of the thesis. The individual drug offenses contained in Sections 283 to 287 of Act No. 40/2009 Coll., Criminal Code, are discussed in further detail also taking into account the relevant case law and any problems encountered in their practical application. Due to the...
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Forensic ballistics
Valter, Miroslav ; Krupička, Jiří (advisor) ; Dvořák, Marek (referee)
Forensic ballistics Abstract The topic of this thesis is forensic ballistics, a technical forensic method, examining firearms, ammunition and other conditions of committing a crime using a firearms for criminalistic purposes. This thesis focuses on placing forensic ballistics in the general context of criminalistics, criminal law and international aspects. For this purpose is this thesis divided into three main parts. The first part deals with forensic ballistics as one of technical forensic methods. Attention will be paid to the definition of forensic ballistics, placing forensic ballistics into the system of criminalistics and areas of forensic ballistics. Particular objects of forensic ballistic examination, especially specific tangible and intangible assets examined by forensic ballistics, will be presented. According to objects of forensic ballistic examination will also be presented the issue of ballistic traces. Particular sections of forensic ballistic examination will be defined at the end of the first part. The second part is focused on procedural aspects of forensic ballistics, especially its connection with other forensic sciences and methods of criminalistics and criminal procedural law. The main idea of this part is to connect forensic ballistics as a forensic science with forensic expertise...
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Tactical methods of overcoming false testimony
Pešičková, Martina ; Krupička, Jiří (advisor) ; Dvořák, Marek (referee)
Tactical methods of overcoming false testimony Abstract The topic of this diploma thesis is tactical methods of overcoming false testimony. This diploma thesis aims to map and analyze selected criminal-tactical procedures used to overcome false testimony, as well as some other methods of overcoming false testimony, whether permitted or not, and to define the mechanism of their operation, especially with regard to their use in the Czech Republic. The diploma thesis concludes with a discussion of a specific and controversial tactical procedure used to overcome false testimony, which is the lie detector. The diploma thesis is organized into four chapters and their subchapters. The first chapter deals with basic terminology and its definition. It defines the concept of interrogation and testimony, false testimony including the manifestations on the basis of which a lie can be detected in a testimony, the concept of credibility and truthfulness, as well as the different types of interrogation according to the classification criteria of complete and credible testimony. The main topic of the diploma thesis is contained in the second chapter. This chapter defines the mechanism of operation and the essence of the basic tactical interrogation procedure as well as the partial tactical interrogation procedure used to...
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Alternative punishments
Smolová, Veronika ; Krupička, Jiří (advisor) ; Bohuslav, Lukáš (referee)
Alternative punishments Abstract This careful study is devoted to the issue of imposing alternative punishments in the Czech criminal justice system, in particular the imposition of house arrest. The aim of this work is to analyze the imposition of proposed alternative punishments in the Czech Republic and also to describe the current state punishment system. When examining the sentence of house arrest, I focus mainly on the performance of its control (electronic monitoring). The work is divided into six separate chapters. The first chapter is a theoretical introduction to the given issue and in it I discuss the definition of punishment, its purpose, systematics and principles of its imposition. The second chapter analyzes the starting points of alternative punishment and the principle functions of restorative justice, probation and mediation. In the third chapter, I focus on the development of regulation in legal punishment in the Czech Republic, especially with regard to alternative punishments. I mainly analyze the legislation since the adoption of the Criminal Code of 2009, including subsequent amendments. In the fourth chapter, I pay attention to the statistical development of imposed sentences in the Czech Republic. I present the statistics of all persons sentenced to house arrest and other...
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Criminal liability of legal entities in health care with special focus on health care providers
Konečný, Pavel ; Bohuslav, Lukáš (advisor) ; Krupička, Jiří (referee)
Příloha k rigorózní práci "Abstract" Title of the theses: Criminal liability of legal entities in health care with special focus on health care providers Author: Mgr. Pavel Konečný, LL.M. Topic: Criminal law Abstract The rigorous thesis deals with the criminal liability of legal entities in health care with special focus on health care providers. The researched topic is actual mainly due to the fact that Act No. 183/2016 Coll. has had a serious impact on health care providers in terms of their criminal liability. It is health care providers, especially hospitals that are undoubtedly the legal entities to which these crimes will be most often attributed, precisely with regard to the subject of their activity. Conceptually, the thesis is divided into 8 chapters, including the introduction and conclusion. At the beginning the thesis deals with a general introduction and legislative development. This is followed by a chapter dealing with international documents amending criminal liability of legal persons. This chapter is followed by a chapter on the position of the health care entity of a legal entity as a perpetrator of a criminal offense with a separate subchapter focused on Emergency Medical Services. Hereafter, the thesis deals with the imputability of a crime to a legal person in general and the...
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Criminal act of stalking and it's investigation
Poborský, Josef ; Krupička, Jiří (advisor) ; Heranová, Simona (referee)
Thesis title: Criminal offense and investigation of stalking Abstract The presented rigorous thesis analyses a criminal offense of stalking in §354 provision and selected investigation issues of this type of criminal activity. This work consists of an introduction, four main chapters, and a summary. The first chapter defines the concept of stalking and its genesis. Then, the particular signs of stalking and basic views on the classification of the perpetrators are described. The case interpretation of some real cases of stalking follows. The second chapter is focused on the criminal offense of stalking. Firstly, from the point of view of its adoption in the legal order of the Czech Republic and its position in the system of the Criminal Code of the Czech republic. Subsequently, the individual features of facts of the case of stalking are subjected to examination with their summarizing analysis, and their positives and negatives are specified, followed by the proposal to amend the material provision. Chapter two is also addressing the relation to other criminal offenses and misdemeanors against civil cohabitation. The third chapter focuses on the comparison of a criminal offense of stalking and selected foreign legislation. In this matter, the legislation of California, Austria, and Germany was selected....
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Interrogation tactics
Trousilová, Marie ; Krupička, Jiří (advisor) ; Šelleng, Dalibor (referee)
Interrogation tactics Abstract The diploma thesis processes the topic of interrogation and tactics of its performance from the perspective of criminal law, criminology, and forensic psychology. The emphasis mainly lays on the first two perspectives. On the contrary, the psychology of interrogation is elaborated only in the extent of institutes and information, which are worked with in subsequent parts of the thesis, and which therefore had to be stated in general. The aim of the diploma thesis is to show the tactical procedures of interrogation in the account of legal norms, criminalistic and psychological recommendations. At the same time, emphasis lays on the comparison of Czech legislation with the French one with a focus on the regulation of interrogation tactics. The processed information was drawn from Czech and foreign monographs, expert essays, commentaries on specified laws, as well as French and internal case-law. The thesis is enriched of practical examples provided by the interrogator of the National Drug Headquarters and illustrative examples from records of interrogation. The method of analysis, explanation and comparison were used in the processing of sources. The thesis includes an introduction, four parts and a conclusion. The individual parts are further divided into chapters and two...
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Criminal Liability for the Dissemination of Illegal Content on the Internet
Nikl, Ondřej ; Gřivna, Tomáš (advisor) ; Krupička, Jiří (referee)
Criminal Liability for the Dissemination of Illegal Content on the Internet Abstract As the title of my work suggests, I deal with the issue of criminal liability for the dissemination of illegal content on the Internet. The work is not generally focused on the mechanism of creating criminal liability or shedding light on the concept of illegal content. However, these topics are defined in the first chapter, along with other concepts related to this work. The heart of this work is represented by two areas that cover most of the illegal content distributed on the Internet, namely pornography and hate crimes. These areas are the main theme of my work. The aim of this work is to analyze the issues of these two areas and especially the specifics that are associated with the virtual world. The work deals with both the regulations of European and domestic law, as well as case law. I constantly tried to compose my thoughts in my work, especially in the conclusion, where the de lege lata consideration of the criminality of using the so-called reaction buttons on social networks is described. A large part of internet hate speech has moved to them, and I think that this trend will only continue. The work is divided into four chapters (if I do not count the introduction and conclusion). The first chapter defines the...
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The methodology of drug-related crimes in theory and practice
Sochová, Karolína ; Šelleng, Dalibor (advisor) ; Krupička, Jiří (referee)
The methodology of drug-related crimes in theory and practice ABSTRACT This thesis is focused on issues of drug-related crimes, mainly from the investigative point of view. This means from the point of view of the methods and techniques that are used by police authority. According to the inherent connection between criminalistics and criminal law, the thesis also reflects procedural aspects of the acts and descriptions of particular crimes under criminal substantive law. The thesis consists of an introduction, eight chapters and a conclusion. The first chapter is dedicated to definition of particular terms which are commonly used within this topic. Each definition is expounded upon in the context of legal development. The system of legal adjustment is compared with foreign systems. The second chapter analyses the structure of realtionships and positions of each person within the drug's hierarchy which are reflected in investigative tactics. A description of the criminal acts under criminal substantive law is contained in the third chapter. This description must be included to properly explain the facts of the case. The chapter number four examines the legal adjustment of police authority's procedure and the options and methods of international cooperation. Through of the existence of unified code of...
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