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Crime of murder and manslaughter under section 140, 141 of the criminal code
Kočka-Amort, Václav ; Hořák, Jaromír (advisor) ; Vokoun, Rudolf (referee)
Resumé This Master's thesis concerns murder and manslaughter under ss. 140 and 141 of the Czech Penal Code. It is impossible to solve this problem globally, because it is a very broad topic. The thesis focuses on s. 140 (3), which covers qualified murders. The author tries to describe qualified elements in such murders on the background of jurisprudence and court decisions; then he considers them. The qualified elements under s. 140 (3) of the Czech Penal Code are divided into seven chapters. The author not only describes the elements in each chapter, he also tries to analyse the possibility of legal qualification of manslaughter in situations, where qualification elements under s. 140 (3) of the Czech Penal Code are formally satisfied. Each of the chapters contains a brief comparison with German law, too. The thesis is composed of ten chapters. Chapter One is the introduction to murders and intentional killings generally. It provides the system of intentional killings under the Czech Penal Code, Czech legal history of such crimes, obligatory elements in murders and it deals with differences between affective and premeditative murders. Chapter Two introduces legal regulation of qualified elements under s. 140 (3) of the Czech Penal Code. The following seven chapters are the main part of the thesis. Chapter...
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Wiretapping and recording of telecommunication traffic
Frolková, Klára ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
This thesis is devised as an analysis of the legal framework of the institutes of wiretapping and recording of telecommunication traffic, as well as the survey of the telecommunication traffic, which is included in the § 88 and § 88a of the act no. 141/1961 Coll., Criminal Procedure, as amended. The aim of this thesis was to analyze in detail the current and valid legal framework with respect to the protection of human rights and to point out the fact that the use of these institutes often finds itself on the threshold of considering the interference with the personal sphere of an individual to be justified/justifiable as well as the slight overstepping of such threshold by the public authorities, which I assume. The thesis is divided into four connecting chapters, not including the introduction and the conclusion. In the first chapter, which is divided into two sub-chapters, I address primarily the legal evolution of the examined institutes, as to when was the first time these institutes were incorporated into the valid legal framework and brought to life, their subsequent development and the most important amendments throughout the years. The second sub-chapter outlines the technical development from the not so distant past to the present, where I think about the evolution of technical...
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Fraud, Insurance Fraud, Credit Fraud and Grant Fraud
Šenkýř, Emil ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
Resumé (AJ) Fraud, Insurance Fraud, Credit Fraud and Grant Fraud The thesis elaborates on the crime of fraud under Section 209 of the Criminal Code (CC), one of three types of property crimes with enrichment. The author further analyzes three special forms of fraud: insurance fraud (Section 210 of the CC), credit fraud (Section 211 of the CC) and grant fraud (Section 212 of the CC). After an introduction explaining the significance of the topic examined, the author proceeds in the first chapter to a broader interpretation of criminological and sociological context of property crimes and the crime of fraud in particular. In four subsequent chapters the author firstly discusses the general constituent elements of fraud under Section 209 of the CC and subsequently addresses the constituent elements of three special forms of fraud under Sections 210 to 212 of the CC. Analysis maintains the same structure in all chapters: determination of the object of the crime, interpretation of the objective aspect of the crime, discussion on possible offenders and on the subjective aspect of the crime. The author further elaborates on possibility of tougher sanctions for crimes involving aggravating elements and considers possible concurrence with other crimes. In conclusion, the author summarizes the findings reached and...
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Ending of treatment resulting in the patient's death
Daňková, Klára ; Vokoun, Rudolf (advisor) ; Hořák, Jaromír (referee)
This thesis is focused on withdrawing and withholding life-sustaining treatment, which represents a complicated multidisciplinary issue. The current Czech legislation on this issue shows many imperfections that should be resolved. In accordance with the current legislation it is possible to withdraw or withhold life- sustaining treatment based on futile care reasoning or based on refusal of such treatment by the patient in the form of informed dissent or advance directives. However, the practical application of the above stated reasons is rather problematic. In case of unlawful withdrawal or withholding of life-sustaining treatment, the physician may face a criminal prosecution, and from December 2016 it will also be possible to prosecute medical facility for patient's death. With respect to the severity of the consequences connected with withdrawing and withholding of life-sustaining treatment and in order to increase the legal certainty of physicians and patients, it is necessary to resolve current legal imperfections and clearly define the conditions of withdrawing and withholding life-sustaining treatment under which physicians are exempted from criminal liability.
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Selected issues of the status of injured parties and victims in the Czech legal order
Solil, Martin ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
The subject of this dissertation is the analysis of the position of an injured party and a victim in the Czech criminal legal environment. The aim of this thesis is also identification and practical analysis of particular procedural rights of injured parties and victims guaranteed to them by the Czech legislation. The dissertation has four main chapters. The first chapter is describing not only the general concept of an injured party but also particular claims that injured parties may exercises in the criminal proceedings. The second chapter contains not only description and analysis of adhesion proceedings, but also conditions under which claims of injured parties may be considered and decided by the Czech courts. The third chapter is devoted to the most problematic procedural rights of injured parties. The last chapter of this dissertation deals with the general concept of a victim and particular procedural rights of victims - mainly in the light of the "relatively young" law concerning victims of crimes.
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Error in criminal law
Tylšarová, Kateřina ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
Diese Diplomarbeit beschäftigt sich mit dem Irrtum im Strafrecht und seine Problematik. Zweck der Arbeit ist die Wichtigkeit von diesem strafrechtlichen Institut zu betonen und seine Rolle im Rahmen des Strafrechts klarzustellen. Daraus entspringt auch seine sehr enge Verbindung zwischen dem Irrtum und dem Grundsatz der Subsidiarität der Strafrepression, auf welchen muss man in einigen Fällen des Rechtirrtums eine besondere Rücksicht nehmen. Der Irrtum des Straftäters ist für die Rechtstheorie wesentlich. Und es hat eine große Bedeutung auch für den Täter, weil es Einfluss auf seine strafrechtliche Verantwortlichkeit hat. In dem ersten Teil definiere ich erstens einige Begriffe, die wesentlich für das Verständnis des Irrtums sind und auf welche wir nicht verzichten können. In dem ersten Kapitel geht es um den Straftat. In dem zweiten Kapitel verlege ich mich mit der subjektiven Seite der Straftat und mit den Begriffen wie das Verschulden, der Vorsatz, die Fahrlässigkeit, der Versuch, die Vorbereitu ngshandlung und Weitere, also die meist mit Zusammenhang mit dem Strafrechtirrtum verwendeten Begriffe. In dem dritten Kapitel stelle ich kurz auch die Umstände, die die Widerrechtlichkeit beseitigen, vor. Kurzgefasst zahle ich auf, um welche es geht und was wir uns unter diese Begriffe vorstellen...
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Sexual Related Offences against Human Dignity /legal comparison of the Czech Republic, England and Wales/
Tomanová, Veronika ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The diploma thesis is concerned with the comparison of the Czech and English criminal legal system with emphasis on the sexual offences. The thesis attempts to find the solutions de lege ferenda for the application in the legal system of the Czech Republic. In addition to the critical approach to the chosen issues, the diploma thesis also statistically analyzes the occurrence of the sexual offences. The diploma thesis is composed of ten chapters; the conclusion is comprised in the eleventh chapter. The introductory chapter documents the different types of legal systems in which the compared countries are categorized. The basic aspects of both the Anglo-American and the continental legal system are explored. The second chapter outlines the sexual offences and offers their classification. The third chapter closes the introduction of the thesis and focuses on general matters related to the sexual offences. The introductory chapters serve as a terminological basis for the whole thesis. The following chapters characterise the particular sexual offences and challenge the legal provisions governing these offences. The composition of the thesis is designed to correspond with the system of the sexual offences against human dignity as they are covered by the Czech Criminal Code. The English sexual offences...
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Current issues of an agreement on guilt and punishment
Hájek, Tomáš ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Institute of agreement on guilt and punishment, was implemented into Czech criminal law by Act No. 193/2012 Coll. in 2012 and came into force on 1th September 2012. The institute belongs among diversions from standard criminal proceedings. The purpose of its introducing was an effort to increase efficiency of criminal proceedings. Generally, this instute is typical in common law system, however several countries with continental legal system have already introduced agreement on guilt and punishment into their criminal law - for example: Spain, Germany, Italy and Slovakia. In particular, the Slovakian agreement on guilt and punishment constituted fundamental basis for the Czech version of the agreement. The inspiration for choosing this topic for my Master's thesis was formed by internship at district prosecutor of Prague 4. I have had an option to attend conclusion of the agreement during the process there as well. The thesis is divided into six chapters, which are accompanied by my personal experiences from the internship. Each of them is dealing with different aspects of the institute. The content of the first and the second chapters are reasons for implementing of the institute and detailed analysis de lege lata and I have solved also a question in these chapters namely, if the agreement is in...
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The crime of rape under s. 185 of the Criminal Code
Dohnálková, Zuzana ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The diploma thesis The crime of rape under s. 185 of the Criminal Code consists of two major parts, which are divided into further subsections - first part consists of four main chapters and second part consists of six main chapters. The first part of the thesis, dealing with the criminal-law point of view, starts with a brief discussion of the sources of criminal law. The chapter then presents a comprehensive description of the development of the offence of rape in the Czech territory since antiquity up to the 20th century. The changes of elements of a crime and the very perception of punishability of rape may serve as a demonstration of advancement of personal freedom. Subsequently, more attention is devoted to the analysis of the current version of rape in the Criminal Code, Act No. 40/2009 Sb., which is currently included in Title III of the special part of the Criminal Code called Criminal Offences against Human Dignity in Sexual Sphere. The criminal law part concludes with a brief summary of the basic features which discriminate rape from sexual coercion and sexual abuse. The second part of the thesis focuses on criminology. First moral criminality, which subsumes rape, is defined in general terms. The definition is followed by statistical summaries, presented in graphs and tables, and by a...
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