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Domestic violence and its prevention
Přikrylová, Kristýna ; Hořák, Jaromír (advisor) ; Vanduchová, Marie (referee)
Domestic violence and its prevention My Master's degree thesis is titled "Domestic violence and its prevention". The purpose of my thesis is to present the domestic violence as an important phenomenon which our society contends with. The domestic violence represents a problem which has an essential influence on its victims, it causes substantial effects on their private live, family relationships and also their health. The thesis is composed of eleven chapters, each of them is subdivided into several subchapters. Opening chapters deal with the criminological aspects of the domestic violence, subsequent chapters concern the legal matters regarding the domestic violence. Final chapters attend to the prevention of the domestic violence and analyze the occurrence of the domestic violence in the Czech Republic. Chapter One is introductory and raises basic issues connected with the topic of the domestic violence. The chapter is subdivided into eight subchapters which define the term of the domestic violence, name its signs and tokens, distinguish between particular types and varieties of the domestic violence, describe the domestic violence as a dynamic phenomenon and declare the causes of this phenomenon. Consequential passages characterise the participants of the domestic violence. Chapter Two relates...
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The crime of theft under s. 205 of the Criminal Code
Šušák, Michal ; Říha, Jiří (advisor) ; Vanduchová, Marie (referee)
The purpose of this thesis is to analyze the offence of theft, as the typical representative of all the offences against property. The reason for my research is to offer a comprehensive view to this difficult issue. My study is composed of four main chapters, each of them dealing with different aspects of the topic. Chapter one is introductory and defines basic goals and a content of the text. This chapter also includes some considerations about the theft and about the thesis itself. Chapter two attempts to illustrate a historical introduction of the topic. It is subdivided into three main parts. The first part describes the oldest references about a theft in the history, the second part analyzes a development in the roman law and the third part is about the notion of the theft as it went through changes throughout Czech law history. Chapter three examines relevant Czech legislation. It is subdivided in four main parts. There are the nature of the offences against property and the legal formulations of offence of theft in current Act No. 40/2009 and in previous Act No. 140/1961 introduced in the first and second part of this chapter. The third part focuses on problems which followed the coming into force of the current law, such as complications caused by a new formulation of the theft and its consequences,...
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The issue of life imprisonment
Březinová, Kristýna ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
ISSUE OF THE LIFE IMPRISONMENT SUMMARY The purpose of this diploma thesis is to analyse the issue of life incarceration and some of the matters, which are related to this kind of punishment. I have decided to choose this topic because I have always been interested in the question of how society should punish the most serious crimes. Moreover, this punishment was introduced into the Czech legal framework not that long time ago, so in my opinion, there is still much space for its improvement. The life incarceration, which is the severest punishment possible within the Czech legal frame-work can be imposed by court only in the cases of the most serious crimes such as aggravated murder, terrorist attack or high treason. It was implemented in 1990 by the Criminal Code Amendment Act, which abolished the death penalty and replaced it with the life sentence. This thesis is divided into seven main chapters. The first part defines the basic terms, also it explains the purpose of punishment and deals with the system of punishments available according to our Criminal Code. Next chapter shows us briefly the evolution of punishments, especially of the life imprisonment, from the oldest civilizations up to the present. The third and fourth part are the core parts of this thesis, because they concern with the actual...
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The concept and legal consequence of the excessive use of self-defence and necessity
Krejčíková, Radka ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
The topic of this diploma thesis is the concept and legal consequences of excessive self-defence and necessity. The aim of the thesis is to introduce and describe the conditions of using these defences and to focus on issues of case law in connection with them. Criminal law is an essential part of everyday life. This diploma thesis focuses on analysis of all conditions imposed by Czech legislation as well as Irish legislation. It is composed of seven chapters and each chapter deals with different issues. The first chapter is an introduction to the whole thesis: it sets out aims and the methods used for achieving them. The second chapter deals with the definition of the concept of justification with the basic features of these circumstances and highlights the basic foundations for behaviour under self-defence or necessity. The third chapter is fully devoted to regulation of necessity, focusing on its basic conditions. Each condition is explained and described separately with references to the case law. One part of this chapter deals with the excess in behaviour under necessity and the following solutions in criminal trial. The fourth chapter deals with the concept of self-defence in the Czech Republic, defining it and analysing its basic conditions. Examples from the case are discussed and analysed...
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Crime of fraud, credit and loan fraud pursuant to section 209,210, 211 and 212 of the Criminal Code
Chlebik, Marek ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
The diploma thesis is concerned with fraud and its special kinds. The author writes the thesis at the department of criminal law of Charles University Law School in Prague. The study contains five chapters except for the introduction and conclusion. The first chapter describes the criminological aspects of fraudulent delinquency; how and why fraudulent delinquency is divided into subdivisions. For example subdivisions like general and special frauds or internal and external frauds. These crimes are not committed by any violent behavior or under influence of alcohol or drugs don't have any direct consequences on health or life of affected persons. Historical factors have an enormous effect on these acts in present. The inability of post- revolutionary governments to secure the fairness of coupon privatization had (mostly) unwanted and unintended consequences. Describes the personality of swindler person and defines juristic person as well. The Author puts special emphasis on prevention. Crime prevention is the attempt to reduce victimization and to deter crime and criminals. It is applied specifically to reduce crime, enforce law, and maintain criminal justice. And in the end of this chapter is described the role of public media and its influence on how public comprehends it. The second chapter is...
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Sexual criminality against children (penal, criminologic and criminalistic aspects)
Valentová, Jana ; Musil, Jan (advisor) ; Vanduchová, Marie (referee)
Rigorous thesis: Sexual criminality against children (penal, criminologic and criminalistic aspects) Abstract This rigorous work called Sexual criminality against children (penal, criminologic and criminalistic aspects) deals with sexual criminality against children from several points of view. The aim of this work is primarily to understand the comlicated issues of this kind of criminality. Outstanding aims of this work are summary of possibilities of fight against sexual criminality against children and suggestion of new possibilities. This rigorous work is divided into three parts. The first part characterises offenders, victims, prevention and occurrence of sexual criminality against children in the Czech republic. The second part, the penal part, analyses particular crimes against children from the legal side. The last part deals with criminalistic method and tactics, which is used in investigation. The summary comprises partial summaries of the work.
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Criminal aspects domestic violence
Ščuková, Veronika ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
v anglickém jazyce Criminal aspects of domestic violence The subject-matter of this thesis are criminal law aspects of domestic violence that is why the focal point of my work is in an analysis of criminal law regulation of domestic violence and criminal offences committed in connection with it. Beside that I have tried to provide a general review of a phenomenon called domestic violence, of its character, basic attributes, types, effects and controversial issues. One chapter is about the regulation of criminal procedure, particularly about a victim's right of disposition and the new Victims of criminal offences Act. In the last chapter I have tried to analyse a few cases and show the most important criminal aspects of this issue.
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An agreement on guilt and punishment
Pišvejc, Lukáš ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The aim of my diploma thesis is to deal with recently enacted institute named agreement on guilt and punishment which was incorporated to the Code of Criminal Procedure by Act No. 193/2012 Coll. This Act also widen field of application of existing alternative procedures. The aim pursued by legislator is to achieve the increase of effectivity of criminal proceedings in the Czech Republic. My diploma thesis is divided into three main chapters. In the first chapter can be found presentation of existing alternatives procedures in the czech criminal proceedings with accent to the changes made by Act No. 192/2012 Coll. At the end of the first chapter there are statictical records showing the use of particular alternative procedures. In the second chapter I present and analyze the agreement of guilt and punishment. This chapter contains definition, history of evolution and conditions of use of the agreement of guilt and punishment. In the last chapter we can find comparison of the agreement of guilt and punishment to french institute named la Comparution sur reconaissance préalable de culpabilité which aims to provide inspiration for potential future changes of this procedure.
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Identical facts of crime
Sýkorová, Dáša ; Šámal, Pavel (advisor) ; Vanduchová, Marie (referee)
The purpose of my thesis is to describe and analyze the subject of the identical facts of crime. The reason for my research is the close relation of this subject to the practical decision-making by the courts in particular. The thesis is composed of three main chapters, each of them dealing with different aspects of the identical facts of crime. Chapter One focuses on the introduction to the legal regulation of the identical facts of crime in Czech legislation. By reference of several cases it presents the general principles accompanying the courts'consideration of the identical facts of crime. Chapter Two concentrates on the international context of the identical facts of crime. It is subdivided in two parts. Part One looks at the EU-regulation and the decision-making by the Court of Justice of the EU and subsequently, part Two illustrates the approach of the European Court of Human Rights to the interpretation of the Article 7 Protocol Nr. 4 to the European Convention of Human Rights. Chapter Three examines the problems resulting from the incorrect translation of the term "offence" used in Article 4 Protocol 7 to the European Convention of Human Rights into Czech language. Furthermore it focuses on the key decision of the Supreme Court in 2004, which adjusted the interpretation of the above...
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Death penalty
Jenerálová, Nela ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
This thesis deals with the insitute of death penalty, from the point of view of international, european and national law. Thesis is focused on a few main areas, it describes the concept and function of punishment in general, the historical developement of capital punishment, especially in czech lands, the current legislation related to the issues, regulation of the death penalty in selected states of the world, the issues of an exceptional punishment including legal requirements for its storage, methods of capital punishment which were used in the past including present methods, public opinion on death penalty and especially the arguments for and against the death penalty from the perspective of author. The issues of an exceptional punishment is described more in detail in thesis, because author considers this issues an adequate alternative for capital punishment.
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