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Criminal Aspects of Artificial Abortion
Hartmanová, Leona ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Criminal Aspects of Artificial Abortion This diploma thesis deals with the issue of artificial abortion, especially its criminal aspects. Legal aspects are not the most important aspects of artificial abortion. Social, ethical or ideological aspects are of the same importance but this diploma thesis cannot analyse all of them. The main issue with artificial abortion is whether it is possible to force a pregnant woman to carry a child and give birth to a child when she cannot or does not want to do so, and whether a state can prosecute a pregnant woman or anyone else for interrupting her pregnancy. The thesis is divided into an introduction, seven chapters and conclusion. After a short introduction, the author of this thesis briefly defines the concept of artificial abortion. The following chapter focuses on two ideological groups - pro choice and pro life. The first group prefers mother's right to self-determination. The second group regards a human foetus as a person and considers killing the human foetus as a murder. The third chapter is dedicated to historical development of artificial abortion. The author regards historical development as an important part of this thesis, especially for understanding the current legislation. The fourth chapter analyzes the current legislation, the Abortion Act...
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Deliquency and criminal penalties of youth
Feixová, Nikola ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Delinquency and criminal penalties of youth The aim of my thesis is to focus on juvenile delinquency and analyze it as a whole especially from the perspective of the causes, evolution, structure and control of delinquency and subsequent penalties for young offenders. The thesis is comprised of five chapters, each divided into sections. Chapter one follows the Introduction and defines basic terms which occur throughout the thesis. Chapter two is divided into two sections specifying basic indexes of youth delinquency. The second section provides a statistical support for these with a description of youth delinquency evolution since the late 20th century until now. The third chapter focuses on the causes of delinquency of youth and is thematically divided into two sections. The first one deals with the internal factors of crime, as opposed to the second section, divided into three subsections in accordance with the external factors - namely family, school and leisure time. The fourth chapter deals with the control of youth crime, and is again divided into two sections. Whilst the first refers to the importance of preventive control, the second section focuses on its equally important counterpart, the repressive component. The fifth chapter is divided into three sections and summarizes the sanctions that are...
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The crime of habitual drunkenness under s. 360 of the Criminal Code
Kolčavová, Vladimíra ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The crime of habitual drunkenness under s. 360 of the Criminal Code The subject of my thesis concerns the crime of habitual drunkenness under s. 360 of Act. No. 40/2009 Coll., Criminal Code, as amended. In this thesis I describe not only its political theory but also its historical background and evolution in the Czech Republic. The crime of habitual drunkenness was and still is considered to be an atypical crime with very unusual analogy in respect of the Criminal Code. However, this crime is somewhat a break through in the fundamental principle of criminal law, the principle of liability for fault (nullum crimen sine culpa). This crime is considered unusual because of its specific legislative and legal construction as well as its extraordinary implications in terms of theoretical principles and requirements which are the basis of criminal law. All of the above mentioned attributes, historical and current concepts and proposals de lege ferenda can be found in this thesis. This thesis is divided into ten chapters. For clarity, these chapters are divided into multiple sub-sections. First chapter deals with the notion of insanity which, by no means, goes hand in hand with the crime of habitual drunkenness. Second chapter is a complex summary of the historical evolution from Maria Theresa codes until...
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The issue of concept of criminal custody
Bělecký, Jan ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
59 8 Abstract - The issue of concept of criminal custody My diploma thesis deals with the criminal custody. It is an indispensable part of criminal process where personal freedom comes in a conflict with the effectivity of prosecution. Accused people are taken into custody before there is a decision on the matter and therefor the application of presumption of innocence is limited. Even though custody is not a punishment it can have very severe impacts on the accused person coming close to the impact of an actual punishment. The first part of the diploma thesis deals with the historical course beginning in the pre-hussite era until the present day. Second part obtains a brief explanation of what the term criminal custody means. The third part contains detailed characterization of the criminal custody reasons, strengthened criminal custody reasons and surrogate measures as well. The fourth part concerns about the rules of who is authorized to decide if an accused person is taken into criminal custody, the maximum length of the criminal custody, revisions of criminal custody legitimacy and decisions about further criminal custody duration. The diploma thesis should be able to describe the basic rules concerning the criminal custody.
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Legal aspects of the criminal offence of poaching
Slobodník, Martin ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The purpose of this thesis is to provide a detailed analysis of a relatively narrow issue belonging to the criminal law, namely the criminal offence of poaching. The key part of this work examines the merits of § 304 of the Act no. 40/2009, The Criminal Code, and focuses also on its systematic inclusion in the head VIII, called Crimes against the Environment, constituting a part of the special section of the aforementioned code. I attempt to gather the existing conclusions of the doctrine as well as the jurisprudence and to present them in an organized way. I also endeavour to critically assess a number of selected passages and to add my own reflections. In addition, several practical examples are briefly highlighted in order to enrich this work. This thesis will be divided into four main chapters - the Introduction, the Poaching legislation de lege lata, the Poaching legislation de lege ferenda and the Conclusion. Regarding the introduction, the reasons which led me to choose and critically analyse this socially negative phenomenon are shortly outlined. Furthermore, I explain my view of poaching as a long-lasting problem in our society. With respect to the chapter dealing with the poaching legislation de lege lata, it forms the main part of this thesis. Firstly, I aim to consistently categorize...
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Penal order
Šelleng, Dalibor ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
Resumé in english The submitted rigorosum thesis deals with problems of penal order as specified in the current legal regulation of § 314e and following, Act No. 141/1961 Sb., Criminal Procedure Code. In general, the penal order represents a legal institute, which is used by bodies responsible for criminal proceedings, mostly by court, to offer, upon their findings, interested parties to solve a criminal case of low seriousness without having public hearings before a court. The proposal is submitted in writing and contains at least a verdict of guilty and sanction verdict. If the interested parties agree with the submitted proposal, expressly or tacitly, the proposal will be legally binding. The penal order may be also considered a type of decision in criminal proceedings, which has its dual nature. At first, it is a procedural offer made to an accused, and i fit is accepted, then the penal order transforms itself into a decision on merits. The thesis is divided into four chapters: In the first chapter the emphasis is put on an introduction of the penal order in a broader context with aim to subscribe its purpose and I try to subsume it under such terms as judicial decision, special type of proceedings and diversion. The second chapter is dedicated to the historical development of legal regulation of the...
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Sexual crimes - comparison of Czech and Polish legislation
Stec, Adéla ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
I compare regulation of sexual crimes in the Czech and Polish law in this thesis. I deal with the term of sexual offenses in the Czech Republic and the concept of crimes against sexual freedom and morality in Poland, in general. I analyze related aspects of Czech and Polish criminal law and mention their thorough comparison. Gradually, I analyze selected sex offenses in both countries - rape, sexual murder, adult prostitution, human trafficking, pornography, child sexual abuse, incest, child prostitution and related crimes. Comparing regulation, I mention a case study based on court decisions and my own experience and finally the relevant statistics from the both countries. Thesis also reflects the theme of castration, surgical castration in particular, which is legal in the Czech Republic, although other countries of European Union do not perform it. Thesis in the conclusion includes my thoughts about the impact of the severity of penalties on sexual crime rate and the possibility of social rehabilitation of sexual deviants. Powered by TCPDF (www.tcpdf.org)
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The special methods of proof in criminal procedural law and comparison with anglo-saxon legal system
Skokanová, Regina ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The goal of this thesis is to compare the special methods of proof in the criminal procedural law in the Anglo-Saxon coutries (England, Irend and Scotland). Firstly I will concentrate briefly on the history of criminal law in the Czech Republic, followed by a short introduction of the phases of the trial. Then, the special methods of proof in the Czech system of law will be focused on in detail (recognition, reconstruction, confrontation, on-site examination and the crime experiment). Then I will turn back to the methods of gathering special evidence in the Anglo-Saxon countries. When possible, I will point out the diferrence between both system in the chapters themselves as they arise, however in the I will conclude the findings in the final chapter if the thesis: how the methods differ and what they have in common. Powered by TCPDF (www.tcpdf.org)
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Felony illegal production and other handling of narcotic an psychotropic substances and poisons § 283 criminal law - current topics
Novák, František ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
This thesis deals with the topic that is related to drugs. This problem is quite broad content, it can accommodate several respects. The author chose a certain part, namely the crime of unauthorized production and other handling of narcotic and psychotropic substances and poisons under § 283 of the Criminal Code, in the context of the current situation. The theme of the drugs problem was processed in many dissertations, but it should be noted, has continued to discover new knowledge and to change trends in the drug scene. The work consists of seven separate chapters. The first chapter introduces the reader to the issue, which is related to drugs and also defines the basic concepts relating to drugs and drug-related crime. This chapter is important for understanding the following chapters. The second part of the introductory chapter describes the division of drugs and about each group is given basic information. The second chapter provides a history of the legislation related to drugs from Austro- Hungary until the present. The author dealt with national legislation and put the emphasis on the adjustment the factsof the case of unauthorized production and other handling of narcotic and psychotropic substances and poisons under § 283 of the Act no. 40/2009 Coll .. Analysis of the current situation in...
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Detention of a person caught when committing a crime
Kročilová, Nina ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Title: Detention of person caught committing a crime Key words: Securing, a detention, suspicious person Abstract The purpose of this theses was an analysis of valid legislation of detention of a person while committing a crime and following judicature conclusions. The detention of an individual, as one of the ensuring institutes of the criminal procedure code, is one of the most important security measure immanent to the Czech laws. This measure breaches within the law the protection of personal liberty of an individual in favor of the public authority. Therefore it is necessary to pay attention to this issue and submit its regulation to the public professional debate. The resulting legislation must always reflect the principle of minimizing interference by public authority to the personal liberty of any individual, while reflecting current societal needs. The inspiration for the elaboration of this thesis was a brief insight by the author to the application practice of public prosecutor's offices and relevant police units. This thesis is divided into five chapters which are further divided into subchapters. In the first chapter the reasons for elaboration this thesis are specified in detail. The second chapter provides a general overview of the legislation of securing institutes across the Czech law. It...
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