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The problems of judicial expertise in criminal proceedings
Chmel, Jan ; Krupička, Jiří (advisor) ; Šelleng, Dalibor (referee)
The problems of judicial expertise in criminal proceedings Abstract Judicial Expertise is a substantial and irreplaceable part of criminal proceedings. It's legal regulation is required to fulfil high demands. Firstly, it must provide an effective platform for usage of expert evidence in criminal proceedings. Secondly, it ought to ensure that experts provide quality outcomes in compliance with lege artis. Thirdly, it should offer satisfying conditions for expert's activities. This thesis selects a few of the current issues originating from aforementioned requirements. It analyses their origin and evaluates how the Czech legal regulation solves them. At first, the thesis defines fundamental institutes which create a base for an expert's function in criminal proceedings. Subsequently, it offers an overview of statutory regulation of judicial expertise in criminal proceedings. It deals with both special regulation in criminal law and general regulation of Act No. 254/2019 Sb., on judicial experts, expert offices and expert institutes, together with relevant ordinances. Chapter three deals with legislative changes in the field of judicial experts effective from 1st January 2021. It focuses on new experts appointing, remuneration and supervision of experts' activities. It analyses and compares how these issues...
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Methodology of rape investigation
Bilanská, Dominika ; Krupička, Jiří (advisor) ; Konrád, Zdeněk (referee)
Methodology of rape investigation Abstract This diploma thesis called Methodology of rape investigation aims to present a multidisciplinary analysis of selected aspects of rape. The secondary goal is to identify the specific problems accompanying this crime while obtaining knowledge about the methodology of rape investigation. The thesis includes both theoretical and practical elements and is divided into 4 chapters. The first chapter deals with criminal code aspects, which are representing a necessary part of a theoretical introduction to the issue. It includes the historical development of the legal regulation of rape up to the current definition, where all its features are analyzed with a supplementary interpretation of case law. For inclusion in the European context, the content also includes a description of the rape legislation in selected European countries. The second chapter represents the findings of criminology and criminalistics on the crime of rape. Thus, various typologies of rape are presented, including possible causes regarding the influence of myths. Furthermore, attention is paid to the characteristics of the victim, characteristics of the perpetrator and the typical ways of committing this crime. The third chapter introduces the investigation methodology itself, which presents incentives...
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The effect of selected types of penalties on the resocialization of convicts
Moudrý, Petr ; Krupička, Jiří (advisor) ; Konrád, Zdeněk (referee)
The problem of resocialization of convicts and the effect of particular penalties on this process is a subject rather relatively neglected, but at the same time socially and legally fundamental. The success of the resocialization of offenders affects not only the entire criminal policy but also society as a whole. However, the view on this social dilemma is evolving over time. We do not longer examine the punishment as mere retribution, rather we expect it to protect society and have a positive effect on the convict. We also realize that most of the sentencing does not mean permanent exclusion from society. Therefore, the consequences of any sentence also affect us, the society. This phenomenon led me to analyze the three most severe sentences: imprisonment, house arrest, and community service. Gradually, I tried to investigate the outcome of the effects of these sentences on the offender's personality. During the analysis, I decided not to only benefit from the secondary data consisting of acknowledged publications, articles, studies, and concepts, but I also acquired findings from several interviews with experts within the sphere and convicts themselves. This allowed deep penetration into the topic not only from a theoretical point of view but also from a practical one. In the thesis, I critically...
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The Crime Scene Reconstruction
Hesová, Veronika ; Krupička, Jiří (advisor) ; Šelleng, Dalibor (referee)
The Crime Scene Reconstruction Abstract This diploma thesis deals with the issue of crime scene reconstruction both from the point of view of criminal law and from the point of view of criminological science and practice. With the help of reconstruction as a means of evidence, which is classified in the Criminal Procedure Code as a special means of proof, the authorities involved in criminal proceedings try to find out the facts of the case, about which there is no reasonable doubt. Through reconstruction as a method of criminalistic practice, the factual circumstances under which the investigated crime was committed are restored. The main goal of this thesis is a detailed analysis of the crime scene reconstruction from a criminal and forensic point of view, and the result of this analysis is a chapter devoted to considerations de lege ferenda. The secondary goal of the diploma thesis is to compare the crime scene reconstruction with selected investigative acts with the help of a comparative method. The diploma thesis is divided into three parts. The first part deals with the comparison of the crime scene reconstruction with investigative acts, with which there are very frequent interchanges in criminal practice. Part of the first part is also an approximation of the legal regulation of reconstruction in...
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The Specifics of Interrogation of Children
Trojnová, Marie ; Krupička, Jiří (advisor) ; Šelleng, Dalibor (referee)
The Specifics of Interrogation of Children Abstract The diploma thesis focuses on the specifisc of interrogation of children. According to the thesis, children are persons under the age of eighteen. It is imaginary divided into three parts, because this topic can be viewed from the perspective of criminal law, criminalistics and psychology. It is divided into seven chapters. The thesis is based on specialized literature, professional newspaper articles, Czech courts case law, current legislation, internet resources and materials, which were provided on the request by the relevant institutions. The goal of this thesis is to provide available scientific knowledges on this topic and their synthesis in a logical unit. The legal regulation of the interrogation of children is subjected to critical analysis. It is highlighted in questionable issues and there are possible ways for solving them. In the thesis are first defined the basic concepts (an interrogation, a statement, a child). Their knowledge is necessary for understanding the following text. There are introduced various perspectives of interrogation. After that there are general characteristics of the development periods of the child and a brief description of psychological processes applying in phases of statement. Following with summary of these...
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Methodology for investigation of sex crimes (selected issues)
Cermanová, Lucie ; Konrád, Zdeněk (advisor) ; Krupička, Jiří (referee)
Methodology for investigation of sex crimes (selected issues) Abstract This diploma thesis entitled "Methodology of investigation of sex crimes (selected issues)" aims to provide a comprehensive view of specific problems related to the investigation of sex crimes, especially in relation to rape as a typical representative of this group of offenses. For this purpose, main aspects of historical development of legal regulation of rape, including its current legal regulation and occurence, are summarized in the first part of this work. Subsequently, the criminalistic characteristics of rape are described, including an analysis of several partial elements like the ways of committing a crime and the personality traits of the perpetrator and the victim. The third to ninth chapters describe peculiarities of components of the investigation methodology in relation to sex crimes. In this part of the work, typical traces and investigative situations, peculiarities of stimuli for investigation or peculiarities of initial and subsequent actions are mentioned, with further focus on interrogation and expertise. The tenth chapter is devoted to specific problems of the investigation of child victims. Here are presented deviations related to the examination of minor witnesses which aim to minimize the risks of secondary...
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Expert evidence in criminal proceedings
Borčevský, Pavel ; Krupička, Jiří (referee)
The basis for this disertation thesis was a fairly frequent critisism, pointed at the subject of expert evidence in criminal proceedings in the Czech Republic. The aim of this work was a detailed analysis and evaluation of legislativ governing an expert evidence in criminal proceedings, which may also serve as a modest contribution to the discussion on recodifying Criminal Procedure Code. The author's goal wasn't trying to bring another "commentary "of selected provisions TŘ, but to deliver a detailed analysis of existing legislativ while paying attention to the different views of literature and avoiding repetition of already highlighted opinions. All the gained knowledge was subsequently synthesized into, according to the author's opinion, reasonable conclusions while specific suggestions de lege ferenda were provided in each chapter. The thesis is also conceived in such a way that it can also be a source of knowledge for those who want to get acquainted with the issue of expert evidence. For this purpose the bibliography includes both titles of the current legal literature and the publications, reflecting the old and purely historical legal regulations. The introductory part thoroughly maps the development of the expert evidence as it gradually derived from witness testimony, while in the second...
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The Methodology of Robbery Investigation
Jakoubková, Barbora ; Krupička, Jiří (advisor) ; Šelleng, Dalibor (referee)
The Methodology of Robbery Investigation Abstract This diploma thesis deals with the methodology of robbery investigation, specifically with its selected components of the investigation. The selected parts are criminalistic characteristic of robberies, the typical ways of committing robberies divided according to the intensity of aggression and the typical evidence. The thesis provides with a deeper insight into these parts of the investigation process, captures their specifics and provides a comparison with foreign literature. The presented thesis is divided into four chapters, which are related and follow each other. The first chapter presents the crime of robbery, as regulated in Act No. 40/2009 Coll., The Criminal Code, and its position in the current Czech legal system. It outlines the subject of the methodology from the point of view of criminal law. The second chapter deals with the criminalistic characteristic of robberies. In the individual subchapters, it discusses the criminal situation, the typical ways of committing robberies, the offender and the victim of robbery, and finally deals with the motive of the criminal act and the criteria for selecting the victim. This chapter provides number of statistics related to robberies. The subchapter focusing on the typical ways of committing robberies,...
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Methodology of investigating specific homicides (focused on staged suicides)
Záhorová, Štěpánka ; Musil, Jan (advisor) ; Krupička, Jiří (referee)
Methodology of investigating specific homicides (focused on staged suicides) This diploma thesis deals with the methodology of investigating homicides and suicides, it determines the common and divergent traces left on a victim's body as well as on a crime scene and examines circumstances which motivate a perpetrator to stage a suicide. Last but not least, the thesis describes specific features of individual investigative acts. The aim of the thesis is not to bring a summary of the methodology of homicide investigation but it aims to draw the attention to the procedures typical for the investigation of murders which appear to be suicides and describes the ways how to distinguish staged suicides from the real ones. The thesis consists of six chapters. The first three chapters sum up the definitions of the terms homicide and suicide in criminal law and criminology, examine the circumstances prompting a murder perpetrator to stage a suicide, and describe the typical ways of committing homicides and suicides. The fourth chapter, which examines the important traces left on a victim's body and a crime scene, forms the core of the thesis. It brings the overview of the common and divergent traces in homicide and suicide cases and also the most frequently manipulated and faked traces in staged cases. The...
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Reconstruction of a Crime
Strnadová, Marie ; Krupička, Jiří (advisor) ; Šelleng, Dalibor (referee)
The main topic of this thesis is the reconstruction of a crime. These special means of evidence are regulated in the provisions of § 104d of the Criminal Procedure Code. This act takes place if the situation in which the crime was committed is to be restored, or if the circumstances related to the crime are to be restored, if the testimony of the suspect, accused, co-accused, injured party or witness, is to be examined, but only if other evidence provided in the proceedings is not sufficient to clarify the case. In the first chapter, the topic of the legal regulation of the reconstruction of a crime is set in a historical context. The current legal regulation of this institute in the Czech legal system follows. Furthermore, the concept, meaning and types of forensic reconstruction are analysed, which is compared to selected special means of evidence, for which it is often incorrectly confused. As the reconstruction of a crime is a complex and very important mean of evidence, the merits of this thesis are devoted to the preparation, planning, the actual execution, documentation and evaluation of this act. Furthermore, the thesis describes two examples of crime reconstruction from practice and ends with considerations de lege ferenda.
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