National Repository of Grey Literature 132 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Sexual coercion /section 186 of the Penal Code/ and other offences against human dignity related to sexuality
Stránský, Daniel ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The main theme of this thesis, as the name suggests, is the crime of sexual coercion. This relatively new offense is regulated in seven paragraphs of Section 186 of the Penal Code. Since its introduction into Czech criminal law, it has been a useful addition to the crimes of rape (Section 185 CC) and child sexual abuse (Section 187 CC). It allows the criminalization of offenders who have committed such unlawful acts against human dignity related to sexuality, in particular the freedom of an individual to decide on their sex life, in cases, where sexually aggressive behaviour of the perpetrator has not reached the intensity of rape or child sexual abuse, while the perpetrator remained in the role of an observer, while the victim was forced to satisfy the erotic perception of the perpetrator through his (victim's) body and his own actions. In the first chapter the topic of legal regulation of sexual offenses is set in historical context. Later in the thesis, the crime of sexual coercion is analysed, described, explained and clarified in detail, the thesis deals with its object, physical elements (actus reus), offender (the subject) and mental elements (mens rea), including qualified facts and individual developmental stages. The offense of sexual coercion is further compared with the offenses of rape...
Administrative penalties for administrative delicts and protective treatment measures
Čvančara, Michal ; Prášková, Helena (advisor) ; Rajchl, Jiří (referee)
1 Abstract - Administrative penalties and protection measures Description of all administrative penalties and protection measures is the primary goal of this thesis. Due to wide extent of chosen subject, this work aims to individual categories of administrative penalties and protection measures, examines every single condition for its imposition a notices possible contradiction within legislation. The thesis does not include the criteria for imposing penalties, noticed set from section 37 till section 44 Contraventions Act which serve as instruments for determination and length of penalties. Concurrence of contraventions is also not included. In the opening chapter the definition and description of an administrative liability is described as well as basic issues of administrative penalization, considered to be a part of administrative authority's activity. The resemblance of principles of criminal and contravention law is described, that leads to using the same principles either in criminal and contravention law. There's explored what basic sources of administrative penalization are. Each of following chapters describes one of the penalties set in section 35 Contravention Act. Every chapter begins with general description of the penalty and then depicts its main purpose for which it is imposed. Then...
Punishment of community service and its performance
Chárová, Adéla ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
Punishment of community service and its performance Abstract The diploma thesis deals with basic aspects of community service in terms of Czech and foreign legal regulation, it deals with its development in time, statistical data, special regulation of criminal measures of publicly beneficial works imposed on juveniles and problematic aspects of existing legal regulation. The aim of the thesis is to define the status of the punishment of community service in the system of domestic and foreign law, to provide detailed information on the substantive and procedural law contained in the Criminal Code, Criminal Procedure Code and other supporting acts, to deal with problematic aspects and to mediate opinion of public, judges and probation officers. In cooperation with the probation officer and with the providers of community service I summarized the basic problematic aspects of the community service and considered their possible solution, which I summarize in the individual chapters. In terms of used methods the thesis uses a legal-analytical, legal-comparative, legal- descriptive approach, query model and statistical models. In addition to the introduction and conclusion, the thesis is divided into eleven chapters, which are further subdivided into subchapters. In the first two chapters I deal with terminology,...
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...

National Repository of Grey Literature : 132 records found   1 - 10nextend  jump to record:
Interested in being notified about new results for this query?
Subscribe to the RSS feed.