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The principle of subsidiarity of criminal repression
Bauerová, Kristýna ; Mulák, Jiří (advisor) ; Richter, Martin (referee)
The subject of this master's thesis is the principle of subsidiarity of criminal repression, which is one of the most important principles of substantive criminal law. According to this principle, the means of criminal law can only be applied to cases that reach the required level of social harm, and at the same time, in these cases, the application of liability under another legal enactment is sufficient. The thesis is divided into three chapters, which are subdivided into subsections. In the first chapter, the basic principles of substantive criminal law and their possible relationship to the principle of subsidiarity of criminal repression are discussed in more detail. This part is followed by a definition of the concept of subsidiarity of criminal repression. The concept of ultima ratio is inextricably linked to the principle of subsidiarity of criminal repression. For this reason, a separate subsection is devoted to their mutual relationship within the first chapter of the thesis. As part of the thesis, attention is also paid to the relationship between criminal liability and liability under private and administrative law. The provision of the Criminal Code containing the principle of subsidiarity of criminal repression raises questions about its significance for the application of criminal...
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Material aspect of Administrative Offences
Scheuer, Jan ; Adamec, Martin (referee)
The thesis is devoted to the examination of the material aspect of administrative offences. It opens with the basic theoretical background, summary of the literature and historical excursion. Main part of the thesis is focused on a detailed analysis of the material aspect of the administrative offences from the perspective of legislation, case law and administrative practice. The author approaches the topic in an analytical manner, identifies possible ambiguities and offers suggestions for their elimination.
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Formal and material aspekt of the notion of a crime
Ranostaj, Michal ; Říha, Jiří (advisor) ; Šámal, Pavel (referee)
I. Preview The recent adoption of the new Penal code in Czech republic has entailed a range of new approaches, including new conception of the notion of the crime - a crucial institution of the penal law itself, stretching from the fundamental questions of criminal liability via the institution of an attempt to the field of penal procedure. This has give rise to multiple juridical questions, that this work aims to analyse. II. Subject of analysis One of the principal objectives of this diploma thesis is to be seen in the delineating of conclusions of the positive school of penal law and evaluating the measure to which they influenced the Czechoslovak legislation in the realm of criminal law, examining the role of the phenomenon of the social dangerousness in relation to the particular questions on the field of substantial as well as procedural law. III. Prior research Due to its extensiveness and position in the point of intersection of multiple disciplines , the points at issue have been continuously subject to academic works of numerous authors, stretching from the ancient philosophers, religious authors, canonic jurists, on shoulders of whom the modern jurisprudence had elaborated several conceptions that influenced the modern codifications and have been a significant source of inspiration to...
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Formal and material aspekt of the notion of a crime
Ranostaj, Michal ; Říha, Jiří (advisor) ; Šámal, Pavel (referee)
I. Preview The recent adoption of the new Penal code in Czech republic has entailed a range of new approaches, including new conception of the notion of the crime - a crucial institution of the penal law itself, stretching from the fundamental questions of criminal liability via the institution of an attempt to the field of penal procedure. This has give rise to multiple juridical questions, that this work aims to analyse. II. Subject of analysis One of the principal objectives of this diploma thesis is to be seen in the delineating of conclusions of the positive school of penal law and evaluating the measure to which they influenced the Czechoslovak legislation in the realm of criminal law, examining the role of the phenomenon of the social dangerousness in relation to the particular questions on the field of substantial as well as procedural law. III. Prior research Due to its extensiveness and position in the point of intersection of multiple disciplines , the points at issue have been continuously subject to academic works of numerous authors, stretching from the ancient philosophers, religious authors, canonic jurists, on shoulders of whom the modern jurisprudence had elaborated several conceptions that influenced the modern codifications and have been a significant source of inspiration to...
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Selected aspects of the offense law
Jiránková, Nikola ; Korcová, Renata (advisor) ; Pavla, Pavla (referee)
The Master`s thesis ,,Selected aspects of criminal law,, deals with the legal regulation of offense procedure and provides a comprehensive view on the issue of the procedure. The introductory part is focused on basic sources of criminal law that are further divided into domestic and international. The mutual relation between Act no. 200/1990 Coll. about offenses, as amended, and Act no. 500/2004 Coll., Administrative Code, as amended that are involved in the infringement proceedings, is analyzed in particular. The second part of the thesis focuses on the general substantive alteration of offenses and the definition of their basic concepts. The third part focuses on the proceedings, the termination of proceedings in the first instance and summary proceedings, including the legal remedies and judicial review. The practical section provides examples of specific solved cases of selected offenses, including an evaluation of the statistical evidence provided by the Infringement commission Municipal Bureau of Zatec. The conclusion of the thesis contains considerations de lege ferenda.
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