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Criminal Law Instruments Against Organized Crime
Ráliš, Petr ; Tejnská, Katarína (advisor) ; Bohuslav, Lukáš (referee)
This thesis is dedicated to the introduction of criminal law instruments for the fight against organized crime and their current legal regulation in the criminal law of the Czech Republic. The introductory part of the thesis is focused on briefly introducing some criminological definitions of organized crime, its definitions in selected international documents and last but not least, the definition of the organized criminal group in Czech criminal law. The second part is devoted to the legal instruments against organized crime regulated by substantive criminal law, namely the offence of participation in an organized criminal group and the issue of punishing the perpetrator of an offence committed for the benefit of an organized criminal group. The third part of the thesis describes the instruments against organized crime regulated by the criminal procedural law. First, considerable attention is paid to the interception and recording of telecommunication and the so-called "spatial interception" and the problem of its missing legal regulation in the Czech criminal law, followed by a chapter dealing with the procedural admissibility of interception as evidence in criminal proceedings. The next chapter is dedicated to operational investigative actions (i.e. pretended transfer, surveillance of persons...
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Military Police in preliminary proceeding - regulation in legislation and bylaws
Malý, Václav ; Vokoun, Rudolf (advisor) ; Tejnská, Katarína (referee)
Military Police in preliminary proceeding - regulation in legislation and bylaws Abstract The Military Police is a significant and specific police body. Recent statutory amendments have substantially bolstered the function of the Military Police in criminal proceeding. The significance of the Military Police is raised as well thanks to increased investments in the Armed Forces and overall in the Ministry of Defense. There is a lack of theses or specialist reports concerning the legal status of the Military Police in criminal proceeding. The main source of information concerning the legal status of the Military Police in the before- court phase of criminal proceeding or preliminary proceeding is the legislation; particularly an analysis of the Criminal Code and the Military Police Act. However, such information is not complete. Information concerning application of the legislation may be gained by analysis of the Military Police bylaws and by the comparison of legislation and bylaws. The Military Police bylaws had not been analyzed in a thesis until now. Thus, this thesis brings a unique view into the functioning and operation of this police body. The goals of this thesis are as follows: The main goal is to provide a complete overview regarding the legal status of the Military Police. That means to describe...
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The imposition of penalties on the concurrence of criminal offenses
Voldřich, Tomáš ; Tejnská, Katarína (referee)
The imposition of penalties on the concurrence of criminal offenses Abstract This work deals with the issue of punishing the concurence of criminal offenses. In its introduction, the most important criminal law institutes are briefly analyzed, knowledge of which is a prerequisite for a proper understanding of the following chapters. This defines the concepts of concurrence of crimes, recidivism and the continuation of a criminal offense. Similarly, the general issues of sentencing are outlined. The very core of the thesis is devoted to the gradual analysis of the individual aspects of penalisation of concurrent criminal offenses, together with the questions of combining with other special cases of punishment, especially with the punishment of the continuation of the crime. In addition, some procedural issues and selected special cases are dealt with, consisting of the subject's specialty, the consequences of a misappropriation of the punishment, and finally the question of punishment for the crime of drunkenness. The thesis is supplemented by an international comparison of the issues studied with common law countries. The main aim of the work is to create a complex processing of the topic, which would allow its possible practical application. In addition to the conclusions of the doctrine, the work puts a...
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Criminal Liability of Legal Entities and Compliance Program
Bureš, Richard ; Bohuslav, Lukáš (advisor) ; Tejnská, Katarína (referee)
The author of this thesis discusses the subject of criminal liability of legal persons and focuses primarily on the analysis of the most important substantive provisions of the Act. No. 418/2011 coll., which describe criminal liability of legal entities and proceedings against them (hereinafter ZTOPO) and entered into force on 1st January 2012. This act is still well- discussed and current even after 6 years of being in force, which can be seen by the number of amendments done to it since it became effective. This thesis aims to offer a comprehensive overview of the issue of criminal liability of legal persons and at the same time tries to capture the most important changes that have been made due to these 9 amendments. The thesis is divided into five parts. In the first part, the author deals with the historical background of criminal liability of legal persons. This part also contains path to the adoption of ZTOPO. The second and the third parts are the core of this paper. In the second part, the author analyses the imputability and the structure of criminal liability of legal entities in the Czech Republic. One part of this section is dedicated to the scope of criminalization of legal entities. The third part of the thesis deals with the possibility of legal entity to be exculpated through the...
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Mediation in Criminal Matters
Bíglová, Ilona ; Tejnská, Katarína (advisor) ; Pelc, Vladimír (referee)
MEDIATION IN CRIMINAL MATTERS Abstract The subject of this thesis is mediation between the victim and the offender and its setting in the framework of criminal proceedings. Mediation in criminal matters is one of the programs of restorative justice, which emphasizes meeting the needs of the victim and holding the offender accountable for the consequences caused by the crime. It also involves other affected persons and the relevant community in the consideration of the solution. Mediation is a voluntary and confidential alternative dispute resolution of the conflict and consequences of a crime between the offender and the victim with the participation of an impartial third party mediator. The thesis elaborates the legal regulation of mediation in criminal cases, which falls under the competence of the Probation and Mediation Service. In criminal proceedings mediation is most often used in the context of special procedures, the so-called diversion, especially in the case of conditional suspension of criminal prosecution, settlement and, additionally withdrawal from criminal prosecution in the case of a juvenile offender. The thesis deals with criminal mediation from the practical point of view and presents its process from the moment of evaluation of cases suitable for mediation by the Probation and Mediation...
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The Role of the Public Prosecutor in Criminal Proceedings
Novotná, Petra ; Tejnská, Katarína (advisor) ; Šelleng, Dalibor (referee)
The Role of the Public Prosecutor in Criminal Proceedings The diploma thesis deals with the role of the public prosecutor in criminal proceedings. The public prosecutor has an irreplaceable role in criminal proceedings, and he has statutory powers in all stages of criminal proceedings. The aim of this thesis is to provide an overview of the activities of the public prosecutor in criminal proceedings and to make an analysis of two selected areas. This thesis consists of five parts, which are further divided into chapters. The first part deals with the historical development of public prosecution in our territory between 1918 and 1993. It provides a brief overview of the fundamental change that public prosecution has undergone in this period. The second part is dedicated to the general characteristics of the Public Prosecutor's Office. The first chapter focuses on the constitutional definition of the Public Prosecutor's Office. The next chapter deals with the description of the Public Prosecutor's Office and the method of filling the position of the public prosecutor, part of the chapter describes the issue of supervision within the Public Prosecutor's Office. The last chapter provides an overview of the public prosecutor's powers outside the area of criminal proceedings. The third part focuses on...
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Agreement on guilt and punishment
Koblasová, Jana ; Říha, Jiří (advisor) ; Tejnská, Katarína (referee)
Agreement on guilt and punishment Abstract The subject of the work is the institute of an agreement on guilt and punishment as a special way of handling criminal cases. The essence of an agreement on guilt and punishment is an agreement between the public prosecutor and the accused, in which the accused confesses to committing the act for which he is being prosecuted, in exchange for imposing a lesser punishment than that which would threaten him in standard criminal proceedings. It is a form of diversion in criminal proceedings, which is intended to speed up and simplify criminal proceedings. The agreement on guilt and punishment is enshrined in the Czech legal system for a relatively short period of time. It was introduced in 2012. As the guilt and punishment agreement did not materialize in practice in the following years, certain changes had to be made. These occurred in 2020 when, for example, an agreement on guilt and punishment was made possible for particularly serious crimes. The work is structured into six chapters. The first chapter deals with the question of whether it is possible to classify the agreement on guilt and punishment among the diversions in criminal proceedings. To answer this question, it was necessary to clarify the very concept of diversion. The work also briefly deals with the...
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Protection of a victim of a criminal offence
Uhlířová, Markéta ; Tejnská, Katarína (advisor) ; Pelc, Vladimír (referee)
Protection of a victim of a criminal offence Abstract This thesis adresses the protection of victims of crime, a serious and currently very topical issue. The initial part of the thesis is devoted to victimology as a scientific field, the subject of which is mainly the victim of crime. This chapter introduces basic victimological concepts that are important for a comprehensive understanding of the issue under study. The next chapter provides a brief overview and comparison of the definition of a victim across basic international documents, EU legislation, and the legal order of the Czech Republic. Furthermore, this section proceeds to analyse and evaluate the currently valid definitions of victim and particularly vulnerable victim as defined in the Victims Act, and offers a brief introduction of the Act. Subsequently, the third chapter describes and analyses the individual rights that victims are entitled to exclusively under the above-mentioned law, and, in the light of the findings from practice, presents a proposals for their improvement. The Victim Act has established a number of important rights that improve the legal position of victims, nonetheless their exercise is problematic in certain cases, in particular with regard to the victim's right to information. Moreover, the fourth part briefly...
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Current issues of collateral proceedings
Lehejčková, Petra ; Beranová, Andrea (advisor) ; Tejnská, Katarína (referee)
Current issues of collateral proceedings This thesis deals with one of the current issues of the so-called collateral proceedings, namely the compensation for non-material damage in the case of bodily harm and compensation for non-material damage in the case of killing or particularly serious bodily harm in these proceedings. This issue is very topical mainly due to a fundamental change in the legal regulation of the compensation for non-material damage in question brought by the Civil Code in 2014. This topic is also very specific as criminal, civil and medical law intertwine in it. The thesis contains chapters occupying on criminal law institutes of the injured party and collateral proceedings, which are topics closely related to the focus of this work and their explanation should be included in the thesis for the purpose of understanding of the selected topic. However, main part of the work focuses on the private law regulation of the compensation for non- material damage in the case of bodily harm and compensation for non-material damage in the case of killing or particularly serious bodily harm according to sec. 2958 and sec. 2959 of the Civil Code. The thesis is divided into four parts. The first part deals with the injured party as it is the main subject of collateral proceedings. This part...
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Non-criminal competence of public prosecution and its utilization in criminal proceedings with focus on economic crimes
Krůtová, Karolina ; Tejnská, Katarína (advisor) ; Šelleng, Dalibor (referee)
Non-criminal competence of public prosecution and its utilization in criminal proceedings with a focus on economic crimes Abstract This rigorous thesis focuses on the non-criminal competence of the public prosecutor's office and its interconnection with the criminal competence with a focus on bankruptcy crimes. The aim of this thesis was, on the one hand, to describe the content of the non-criminal competence of the public prosecution as a whole, the procedural position and legitimacy of the different levels of the public prosecution when participating in civil court proceedings and, on the other hand, to focus on the acquisition and use of knowledge gained from the non-criminal competence in criminal proceedings. Particular attention is then focused on activities of the regional prosecutor's office in the non-criminal area of law, its specific activities in this area and, in particular, on the knowledge obtained from the non-criminal activities of this part of the system and their use both for the ongoing criminal proceedings and for their examination in the criminal proceedings. The attention of the Regional Public Prosecutor's Office in obtaining knowledge from the non-criminal jurisdiction is focused in particular on bankruptcy offences and economic crime as a whole, and last but not least, the...
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