National Repository of Grey Literature 129 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
A History of Criminal Law in the Czech Lands in 1848-1989
Jablonický, Tomáš ; Kuklík, Jan (referee)
1 Summary Dissertation builds an objective, transparent, systematic and yet concise interpretation of the history of criminal law in the Czech lands in 1848-1989. The aim of this work is, however, not only to chronologically present the most important criminal codes, but also to tell a parallel story of criminal law science and criminology, which to a bigger or lesser degree substantially influenced the development of criminal law and criminal legislation. Therefore, this work also includes biographical and bibliographical profiles of leading Czech educators, criminal law scientists and criminologists - the founders and pioneers of Czech and Czechoslovak criminal law science, whose lives have been closely linked with the complicated socio-political events of the given historical period. History of criminal law shows a strong interconnection of criminal law and policy, which consequently causes the criminal law without proper criminal law science and criminology to be the most politically affected branch of law. For this dissertation is symptomatic the search for critical causes and factors that lead to progress or, on the contrary, to the decline of criminal law. In such moments, the criminal law science and criminology emerge again, naturally and clearly, from a scientific analysis of historical events of...
Criminal acts in connection with insolvency proceedings
Criminal activity is mapped in this thesis, which subjects can commit in connection with insolvency proceedings. Czech Criminal Code No. 40/2009 Coll. lays down a total of six crimes, while the Swedish Criminal Code (Brottsbalk) has seven such crimes. The current legal regulation of bankruptcy offenses in the Czech Republic is analyzed in the theoretical part. In the practical part, the foreign legislation is analyzed and several proposals de lege ferenda are set on the basis of this analysis.
Criminal Liability of Legal Entities and Compliance Program
Bureš, Richard ; Bohuslav, Lukáš (advisor) ; Tejnská, Katarína (referee)
The author of this thesis discusses the subject of criminal liability of legal persons and focuses primarily on the analysis of the most important substantive provisions of the Act. No. 418/2011 coll., which describe criminal liability of legal entities and proceedings against them (hereinafter ZTOPO) and entered into force on 1st January 2012. This act is still well- discussed and current even after 6 years of being in force, which can be seen by the number of amendments done to it since it became effective. This thesis aims to offer a comprehensive overview of the issue of criminal liability of legal persons and at the same time tries to capture the most important changes that have been made due to these 9 amendments. The thesis is divided into five parts. In the first part, the author deals with the historical background of criminal liability of legal persons. This part also contains path to the adoption of ZTOPO. The second and the third parts are the core of this paper. In the second part, the author analyses the imputability and the structure of criminal liability of legal entities in the Czech Republic. One part of this section is dedicated to the scope of criminalization of legal entities. The third part of the thesis deals with the possibility of legal entity to be exculpated through the...
Breach of evidence rules and its consequences for the effectiveness of evidence
Holubcová, Nikola ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Breach of evidence rules and its consequences for the effectiveness of evidence Abstract The aim of this diploma thesis is to provide a complex overview of the issue of the legality of evidence in the Czech criminal proceedings. The consideration of the legality of the evidence is viewed as a criterion for evaluation of the evidence. As a result of such criteria, there is a legal consequence - the effectiveness of the evidence, that can be absolute and relative. The diploma thesis consists of 8 chapters, including the introduction and conclusion. The first three chapters are general in nature, and they aim to provide an overview of the rules of evidence and point out mistakes of the lawmakers and inadequacy of the case law in these procedural aspects. I first introduce the terminology. The following chapter is devoted to basic principles that are applied in the rules of evidence. I consider them to be very important as these must be followed in order for the evidence process to be considered lawful. Chapter 4 deals with the introduction of individual phases of the criminal proceedings. Next 2 chapters (chapter 5 and 6) are the core of the thesis as they analyze the legality of the evidence and the criteria used to determine such legality. Next, the effectiveness and nullity is analyzed also in the context...
The District court in Lišov in the years 1918-1939 taking into account the criminal cases
Justice of the First Czechoslowak Republic follows on from the justice of Austor-Hungarian Empire. The theoretical part of the presented thesis illustrates how the criminal law has changed and what the system of a judiciary organization was. The second part of the thesis, based on the research of archival sources, focuses on district court and cases which falling within their jurisdiction on the example of the town Lišov in South Bohemia in the years 1918-1939. Attention is payed on a local municipal police, as well as the persons of judges and notaries.
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...
Nechutná, Klára ; Říha, Jiří (advisor) ; Krupička, Jiří (referee)
1 Abstract The diploma thesis is focused on the historical development and the basics of current legal regulation of participation in the Czech Republic. The thesis also briefly devotes to the legal regulation of participation in Italy. Participation is undoubtedly one of the most problematic elements of the criminal law. However, it is an indispensable part of it and without which it would be impossible to fulfil the main purpose of criminal law - the protection of society. Despite the abovementioned, it is not paid sufficient attention to participation by the legislature neither by the legal community. The purpose of the thesis is to provide the reader a comprehensive knowledge of participation in the narrow sense, including the criticism of the most problematic aspects of the current legal regulation. It focuses mainly on the conditions of criminal liability and the basic characteristics of the individual forms of participation in the narrower sense in Czech and Italian legal regulations. This thesis compares and evaluates mentioned institutes. Points problematic aspects out and introduces possible solutions of future legal regulations. The aim of the diploma thesis was achieved by analysis of legal literature, case law and relevant legislations. The diploma thesis is divided into six chapters. The first...
Criminal and criminological aspects of stalking
Daniel, Tomáš ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Title Criminal and criminological aspects of stalking Abstract Submitted rigorous thesis deals with the modern phenomenom of stalking. The aim of this academic paper is to present this issue comprehensively from both criminal and criminological aspects. This rigorous thesis consists of 16 chapters. These chapters can be divided into two large parts - criminal and criminological. Research of the problematics of stalking have got a rich tradition in foreign professional literature, we can find there also some empirical research studies. Furthermore, there are countries that haveissued relevant anti- stalking regulations already in the 90's of the 20th Century. On the contrary, in the Czech Republic, stalking was included as a part of Force of New Offence under the Czech Criminal Code no. 40/2009only in 2010. In criminological part of this rigorous thesis I apply general knowledge from forensic psychology, psychiatry, sociology and other social sciences. Moreover, I illustrate the cases on real-life examples. First chapters are dedicated to present all key characteristic features of stalking, its historical context and to cover the selected empirical reasearches about this complex issue. Furthermore, I analyse some aspects of stalking where science examination does not pay attetion. I study the causesbehind...

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