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Assisted suicide in the perspective of the czech criminal law and a comparison with the common law
Kosinková, Karolína ; Pelc, Vladimír (referee)
Assisted suicide in the perspective of the Czech criminal law and a comparison with the common law Abstract The strict prohibition on assisted suicide does not reach full acceptance among the members of the Czech society, regardless of their professional or non-professional background, similarly as it did not reach full acceptance in some of the common law countries, which consequently departed or are soon to depart from this regulatory conception. The objective of the two so far proposed Czech bills was identical, however, owing to the lack of clarity and detail, which certainly did not amount to the seriousness of the issue they aimed to regulate, none of them was successful. Hence, the legislative works were recommenced last year and resulted in the third bill, which claimed to be much more elaborative on the key issues and accordingly precise in the usage of language. Although the bill has not been introduced yet, the assumptions based not only on the territorial proximity are, that its prime source of inspiration resided mostly in the permissive regulatory attitude towards assisted suicide (or voluntary, active and intentional, euthanasia) as implemented in the European countries. However, notwithstanding the utter differences in the conception of the common law legal system, especially for such...
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Evasion of taxes, fees and other mandatory payments
Töglová, Markéta ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
This thesis describes the most commonly committed tax criminal offense i.e., the evasion of taxes, fees, and other mandatory payments pursuant to Section 240 of the Criminal Code. The goal of the thesis is to examine the problematic aspects of this criminal offense and to call attention to the discrepancies in proceedings and judgements, with special attention to substantive and procedural aspect, relevant case law of the domestic courts, and the opinion of professional public. The body of the thesis is divided into five chapters. The first two chapters introduce the substantive basis of the topic, provide a brief overview of the history of tax crimes and, last but not least, underline the importance and relevance of the whole topic using publicly available statistical data. The third chapter is focused on the mutual connection between the criminal offense pursuant to Section 240 of the Criminal Code and two selected criminal offenses. The first being the non-payment of taxes, social security contributions and similar mandatory payments pursuant to Section 241 of the Criminal Code, with a focus on the role of effective regret. Among other things, this outlines the issue following the unprecedented judgment of the Constitutional Court of the Czech Republic concerning the voluntary action of the...
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Protective treatment and security detention
Doležalová, Kristýna ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Protective treatment and security detention Abstract The topic of the diploma thesis is protective treatment and security detention. These are two criminal sanctions and protective measures, that may be used by state as a reaction to committed criminal offence or other offence. A penalty is not in some cases adequate sanction to committed criminal offence and that is the reason why we have protective measures - to protect society and to help to the offender. The protective treatment and the security detention are mutually connected sanctions. As well, the security detention is a protective measure that is subsidiary to the protective treatment. The diploma thesis is divided into five chapters. The first chapter deals with general legal regulations of protective measures. This chapter also contains comparation between penalties and protective measures. The second chapter discuss basic terms that are used in the criminal code to lay down conditions in which the protective treatment and the security detention may be imposed. The third and the fourth chapters are the main chapters in the diploma thesis. The third chapter and the fourth chapter deal with the protective treatment and the security detention itself. These chapters are for easier orientation and comparation of both protective measures arranged in a...
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The issue of legal regulation of drug related crimes in Czech criminal code
Janošíková, Veronika ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
The issue of legal regulation of drug related crimes in Czech criminal code Abstract The thesis deals with the alcohol and drug-related substantive crimes and aims to provide the reader with the detailed analysis of the basic substituent elements of a crime with the analysis of the basic terms of the problematic and application of the existing case law. The analysis of some vague terms which are the subject of unending discussion of both the legal community and the general public is also provided in the thesis. I processed the thesis with the focus on the substantive law with emphasis on the drug- related crimes regulated in legislative provisions § 284 to § 287 of the Criminal Code and further on the chosen crimes from the area of secondary drug-related criminal activity, especially on the crime of endangerment under the influence of drugs or alcohol according to provision § 274 of the Criminal Code and the crime of drunkenness according to provision § 360 of the Criminal Code. The thesis is divided into eleven chapters. The first chapter is dedicated to the problematic of addictive substances in terms of their characteristics, division into groups according to their properties and effects and within them are listed the most known addictive substances. Furthermore, it focuses on the individual risks...
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The indirect perpetration
Havel, Lukáš ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
The indirect perpetration Abstract The indirect perpetration consists in the commission of a crime through another person who is not criminally responsible. In case of indirect perpetration, such a person is being misused by the indirect perpetrator as a ‚living instrument' to actually carry out the criminal act. Without the institution of indirect perpetration, it would not be possible to punish an indirect perpetrator in some cases. In dualistic systems, this legal institution seems necessary as it fills the gap generated by the principle of accessory participation and helps to overcome certain difficulties that arise from the application of criminal law in dualistic systems. Indirect perpetration is hence often indicated as a supplement to the principle of accessory participation. The aim of this diploma thesis is a detailed description of the indirect perpetration. This is also accomplished through the analysis of its historical development and the comparison of selected foreign legal systems. The work is divided into three thematic parts. The first part is devoted to the historical development of the indirect perpetration. Individual subchapters are also supplemented by relevant case law pertaining to the topic. The second part of the diploma thesis is devoted to the current concept of indirect...
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Insanity: Comparison of Czech and Americal legal concept
Břenková, Anna ; Pelc, Vladimír (referee)
Insanity: Comparison of Czech and American legal concept Abstract The aim of this thesis is to capture the essence of the institute of insanity from the substantive point of view according to the Czech and American legislation and to deduce any differences from them. First, the continental legal system on which the Czech legal order is based is compared with the Anglo-American legal system from which the American legislation is derived. Subsequently, the basic pillars of the Czech legal order including the position of criminal law are defined. Attention is also paid to the political system of the United States, because, as a result of federalism, there are two levels of law that have a significant impact on national legislations. Hereupon, the structure of criminal liability according to Czech law is analyzed. Since the prerequisite of criminal liability is the commission of a criminal offense, this is also defined. For the purposes of comparison, circumstances excluding punishability as well as circumstances excluding liability are outlined. Due to the fact that US law is based on common law, criminal liability is defined both from the perspective of common law and the Model Penal Code, which are of the basic sources of US criminal law. Next part of the thesis is focused on the institute of insanity in the...
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Criminal liability of Corporations
Felix, Adam ; Pelc, Vladimír (referee)
Criminal liability of Corporations Abstract Criminal liability of corporations is still a current topic of Czech legal theory and practice. In order to properly grasp this new institute within the Czech legal system, it is necessary to understand the very nature and basics of legal entities, their formation and further existence. Historically, legal entities have been perceived differently and a relatively complex legal-philosophical path has led to the inference of any liability for wrongdoings or torts. Although the criminal liability of corporations is not unknown to continental law, its decline during the 18th and 19th centuries has led to the disappearance of the legal continuity. That is why it may seem today that the introduction of direct criminal liability of corporations is something completely new and absolutely unknown to countries of continental legal tradition. In this work, the author presents a number of historical arguments as to why this is not the case and demonstrates that this institute was known throughout the legal systems throughout Europe. For a better understanding of the whole issue, the interpretation is guided from the very philosophical and legal-historical foundations of corporate theories, through their later development and finally to application by recent law. The core of...
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Hate Crimes
Korduliak, Matěj ; Pelc, Vladimír (referee)
Hate Crimes Abstract The author of this thesis discusses the issue of hate crimes according to the Act No. 40/2009 Coll., The Criminal Code, as amended, and related case law. The thesis is divided into several parts. The first part is devoted to the definition of hate crime and related terms such as extremism, prejudice, race, anti-Semitism, nationalism and xenophobia. These concepts are important for the following interpretation and for the understanding of the existence of special protection in the context of hate crimes. The second part is devoted to the international regulation of hate crimes. Emphasis is places on the analysis of the case law of the European Court of Human Rights. The third and fundamental part of this master thesis analyzes hate crimes in the Czech Republic in the context of settled and current case law. In addition, examples of statements fulfilling the facts of individual crimes from practice are given. The fourth part analyzes the basic issues of hate speech and hate crimes in the United States legislation and case law. It also includes comparison of individual approaches with ideas of possible inspiration. The fifth part is devoted to reflections de lege ferenda on the topic, especially with regard to different concepts in the Czech Republic and the United States. The last part...
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Expongement and related institutions
Mráz, Miroslav ; Bohuslav, Lukáš (advisor) ; Pelc, Vladimír (referee)
1 Expungement and related institutions Abstract This work deals with the definition of the terms of expungement of criminal records and also analyzes related institutes, especially the extract from the criminal record (in Czech: výpis z rejstříku trestů) and a copy from the criminal record (in Czech: opis z rejstříku trestů) and the definition of legal integrity in the Czech legal system. Over 120 effective pieces of legislation that establish the right to demand proof of criminal integrity have been analyzed in detail. According to the author's knowledge, such an analysis is also a newly elaborated topic. In addition to the analysis of the regulations that establish the right to demand proof of criminal integrity, the development of the institute of expungement of criminal records from the oldest sources to the present have also been analyzed. Furthermore, the softening trend of the legislator is indicated, precisely in this historical comparison and also in the adoption of new legislation. The analysis of the topic was supplemented by an overview of case law and foreign comparisons, specifically with Slovakia, Germany and the United Kingdom. A pleasant surprise was the precise editing in Germany, where the author thinks we could be inspired. A chapter was devoted to protective measures imposed by the...
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Insanity: Comparison of Czech and Americal legal concept
Břenková, Anna ; Pelc, Vladimír (referee)
Insanity: Comparison of Czech and American legal concept Abstract The aim of this thesis is to capture the essence of the institute of insanity from the substantive point of view according to the Czech and American legislation and to deduce any differences from them. First, the continental legal system on which the Czech legal order is based is compared with the Anglo-American legal system from which the American legislation is derived. Subsequently, the basic pillars of the Czech legal order including the position of criminal law are defined. Attention is also paid to the political system of the United States, because, as a result of federalism, there are two levels of law that have a significant impact on national legislations. Hereupon, the structure of criminal liability according to Czech law is analyzed. Since the prerequisite of criminal liability is the commission of a criminal offense, this is also defined. For the purposes of comparison, circumstances excluding punishability as well as circumstances excluding liability are outlined. Due to the fact that US law is based on common law, criminal liability is defined both from the perspective of common law and the Model Penal Code, which are of the basic sources of US criminal law. Next part of the thesis is focused on the institute of insanity in the...
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