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The concept of a criminal offence in the Czech criminal Code
Pačesová, Anna ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
I Abstract This diploma thesis focuses on the matter of the concept of a criminal offence in the Czech Criminal Code, as one of the major issues within criminal liability. The year 2009 brought the new Czech Criminal Code and with it also a few changes. One of the most discussed ones was the transition from material or material- formal concept of a criminal offence to a formal concept of a criminal offence. Thanks to the simultaneous introduction of the principle of subsidiarity of criminal repression, as a substantive correction of criminal lawlessness, this formalized concept has become a more of a materialized formal concept. So suddenly, there are two corrections of criminal lawlessness, the substantive one, as mentioned, and also a procedural correction based on the facultative option of the prosecutor to terminate the prosecution for reasons of ineffectiveness. The opinions on the matter of the necessity of both of the corrections in Czech criminal law differs among criminal law experts. That is also why I presented them in contrast and evaluate them at the end of the thesis. This thesis strives to describe and summarize the problem of the concept of crime to be as comprehensive as possible, so it is divided into four main parts, which are logically connected to each other and each of them is divided...
Domestic violence and its prevention
Veselková, Gabriela ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
Presented thesis is focused on a comprehensive analysis of domestic violence and its prevention. Domestic violence can be described as a deeply rooted socially pathological phenomenon about which the society dares to talk more and more openly over the last few decades. Its unique characteristic does not lay in the form of violence the victim has to endure but in the place in which the violence occurs. It is a private family environment which is hidden from the sight of the public. Due to this aspect domestic violence is not only a serious problem but also a problem that is very difficult to detect and repress. Because of this it is vital to access domestic violence with great care, consistency and expertise. In the first part the thesis focuses on theoretical description of domestic violence, presents possible definitions of the concept, states the characteristics of domestic violence and refutes certain myths which trivialise this social problem. Further in this part an overview of typology of domestic violence and forms of violent conduct is included. The last chapter of the first part is dedicated to analysing the causes of domestic violence and its perpetrators including their classification and possible effects of therapeutic programs for violent persons. This chapter also addresses the...
Comparison of Czech and Russian Criminal Legislation on Terrorism
Zakreničnyj, Nikolaj ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
1 Comparison of Czech and Russian criminal legislation on Terrorism Abstract The aim of this diploma thesis is to provide the reader with an information about criminal legislation of terrorism with regard to its currency, specifically aiming on legislation in Czech criminal law and in Russian criminal law. Both of these legislations are afterwards compared and the biggest differences are pointed out. Also, some changes are proposed to be made in the Czech criminal legislation in this area. Before analysis of criminal legislations of both countries, the issue of current terrorism is described. Also, problematical definition of terrorism is explained, with mentioning few versions of it. History of terrorism is briefly analyzed. Basic forms of terrorism are also described. Then, counterterrorist policy of Czech republic is briefly decribed, and also relationship between terrorism and human rights within fighting against terrorism. In the next chapter, criminal legislation of terrorism in Czech law is described. Firstly, formerly existing Criminal Code and its ideas are pointed out. After that, current Criminal Code is analyzed. Afterwards, individual crimes, that are related to the terrorism matter, are mentioned. In the end of this chapter, some aspects of criminal proceedings related to terrorism are said....
Murder of a Newborn Child by Its Mother under Section 142 of the Criminal Code
Brázdová, Lucie ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
in English Title: Murder of a Newborn Child by Its Mother under Section 142 of the Criminal Code Author: Lucie Brázdová This thesis addresses the issue of further need for a special legal regulation of the criminal offence of murder of a newborn by its mother. The first chapter is dedicated to the origin and the development of this legal provision and explains the circumstances within which this criminal offence has become part of the current Criminal Code. By describing the organization of the Criminal Code and main provisions of the Constitutional Law, the following chapter demonstrates the values on which the Criminal Law is built. These have to be taken into account when assessing the need for a change or a repeal of the discussed legal provision. The third chapter is an overview of primary information on constituent elements of this criminal offence. However, it does not neglect certain disputable aspects including the issue of pinpointing precisely when human life begins. From a theoretical point of view, the offence in question is considered to be a "privileged factum". In such cases, a certain additional factor lowers the harmful effect the offence has on society. The last part of the third chapter is thus dedicated to the issue of privileged factum in general and its place within the...
Selected issues of the Criminal Liability of Legal Entities in the Czech Republic
Radová, Zuzana ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
1 Selected Issues of the Criminal Liability of Legal Entities in the Czech Republic Summary This thesis focuses on the selected issues of the criminal liability of legal entities in the Czech Republic, concretely the Act No. 418/2011 Coll. on Criminal Liability of Legal Entities and Proceedings against them. The main purpose of the thesis is to pick the most unclear provisions as well as the ones that cause that the criminal proceedings are not really effective. The first chapter analyzes the circumstances of ratification of the Act into the Czech legal system and the discussions connected to the ratification. The second chapter describes the chosen conception of the criminal liability of legal entities. Following chapters deal with the chosen pitfalls related to the application of the Act. The third chapter covers the § 7 of the Act and the extent of the crimes which are listed in this provision. The main problem regarding this provision is the fact, that on one hand we can find some crimes that can be hardly committed by legal entities and on the other hand we cannot find several offenses that could be expected to be committed mainly by the legal entities, e.g. infringement of the competition rules under the § 248/2 of the Criminal Act No. 40/2009 Coll. The fourth chapter focuses on § 8, firstly how the...
Alternatives to unconditional sentence of imprisonment
Drastich, Michal ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
My master thesis deals with the topic of alternatives to unconditional sentence of imprisonment. It is a vast topic, thus I have focused on alternative sentences in the narrower sense of the term, in other words, suspended sentence of imprisonment, suspended sentence of imprisonment with surveillance, community service, financial penalty and house arrest. The goal of this thesis is to discuss lawful legislation of alternative sentences, to evaluate their practical usage and potentially, to suggest changes de lege ferenda, which could lead to higher rate of application of these sentences. The thesis consists of an introduction, seven chapters and a conclusion, where the three initial chapters are written in general sense. The first chapter is concerned about the term and the purpose of sentence. The concept of restorative justice, which provides us another way how to react to the criminal acting, is introduced as a part of this chapter, too. The second chapter focuses on unconditional sentence of imprisonment and issues of the short-term sentence. Furthermore, the term of alternative sentence is explained, including a brief commentary on actions of international organizations in this area, namely Council of Europe and UN. The development of these sentences in the Czech republic after 1989 is...
The Issues of Exceptional Punishment
Hejdová, Petra ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
The Issues of Exceptional Punishment - Abstract The aim of this thesis is to provide a comprehensive overview about a criminal law's legal institute of the exceptional punishment, comprising of its historical development in our territory, most of the matters regarding its applicable legal regulation in the Czech republic, analysis of a specific case in which this punishment had been imposed, comparison with selected foreign legal regulations also including a disputation on death penalty as its possible alternative. The first chapter is focused on defining the term of punishment and its function in general. It compares two basic theories that differ from each other in terms of distinct approaches to the punishment's purpose. While the absolute theory considers punishment a retribution, the relative theory regards it as a mean of resocialization of the perpetrator. However, the current concept of punishment is based on the mixed theory that constitutes a link between those two above-mentioned. The aim of this chapter is to define the specific purpose of the exceptional punishment that proceeds from the general purpose of punishment based on the mixed theory. With regard to the fact that the term of exceptional punishment needs to be construed in both time and territorial context, the second chapter is devoted...
Criminal liability of legal entities and possibility of their exculpation through compliance programmes
Doležal, Michal ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This master's thesis focuses on the topic of criminal liability of legal entities, particularly on the concept of exculpation within the meaning of Section 8 subsection 1 paragraph b) and subsection 5 of the Act No. 418/2011 Coll., Act on Criminal Liability of Legal Entities and Proceeding Against Them. The reason for our focus rests in fact that the legal rules regulating the concept of exculpation in this act are highly controversial among legal scholars and legal practitioners where there is usually no relevant case law providing answers for resolving such controversies so far. The aim of this thesis is to introduce to the domestic law a not very familiar instrument of a compliance program consisting of preventive, detective and reactive measures designed to prevent criminal behaviour within legal entities, to eventually detect such behaviour and to respond to such behaviour. Concurrently, an effective compliance program can fulfil conditions for the application of the exculpation provisions. Even though the focus of this thesis is on criminal liability of legal entities, it does not omit the context of administrative and civil liability. The thesis is divided into four chapters. The first chapter introduces the concept of criminal liability of legal entities in a broader historic, legal and...
Protecting victims of crimes
Brdlíková, Denisa ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The thesis deals with the protection of victims of crimes, especially from the point of view of the formal aspect of their guarantee. The aim of the thesis is to identify the rights of victims belonging to such persons by law, taking into account the shortcomings of the law adopted for the protection of victims and its subsequent amendment, together with the concrete implications for the status of the victim. For this purpose, the work is divided into seven chapters. The first chapter is devoted to the necessary definition of the concepts that are crucial to this work, such as the victim, the victim and the particularly vulnerable victim, as well as the determination of the basic distinguishing features between the concepts of crime victim and the victim. The second chapter deals with the legislative development of the protection of victims of crime, at international, European and Czech level. At the same time, this chapter briefly summarizes the legislative development of the adoption of the first independent law on the protection of victims in the territory of the Czech Republic. The third chapter presents the most important shortcomings of the original wording of the Act on the Protection of Victims, which have been widely criticized by the authors of the said law and which have been manifested...
Criminal Liability of Legal Entities
Malinová, Kateřina ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The presented diploma thesis is focused on criminal liability of legal entities, an issue which was embedded in the Czech legal law six years ago by Act No. 418/2011 Coll., On Criminal Liability of Legal Entities and Proceedings against them. The thesis is divided into four parts. The first part is concerned with the basics of legal entities criminal liability. The author tries to describe the concept of a legal entity in the light of current regulation according to the Act No. 89/2012 Coll., The Civil Code, since the Act on Criminal Liability of Legal Entities and Proceedings against them had been created under the previous Civil Code (Act No. 40/1964 Coll., Civil Code). Furthermore, the author deals with the conditions of legal entities criminal liability as well as the aspects that lead legal entities to commit crimes. The conditions for a criminal offense attribution to a legal entity are mentioned, as well. A subchapter on sanctions which may be imposed on legal entities is included. The regulation of legal entities criminal liability has particularly in recent years undergone several substantial changes. Certain amendments are examined in the second part of the thesis. The author discusses especially the extension of criminal offenses list which may be committed by a legal entity as well as the issue...

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