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The crime of fraud pursuant to section 209 of the criminal code
Medová, Lucie ; Jelínek, Jiří (advisor) ; Mulák, Jiří (referee)
The crime of fraud pursuant to section 209 of the criminal code Abstract The thesis focuses on the definition of the crime of fraud pursuant to the provisions of Section 209 of Act No. 40/2009 Coll., the Criminal Code, and provides a comprehensive analysis of the current legislation. The first part of the thesis is devoted to the historical development of fraudulent conduct and its legislative development. Furthermore, the qualified facts of the criminal offence of fraud (object, objective aspect, subject, subjective aspect) are discussed in detail, including selected case law. Special attention is given to the issues of property and property of others, mistake, damage, causal relation between damage and mistake and enrichment of the perpetrator. All the qualified facts of the crime of fraud and the circumstances precluding its illegality are discussed. The theses contains an analysis of participation in the criminal offence and also includes a section on the preparation and attempt of the criminal offence. A significant part of the thesis deals with the offences in relation to the specialty of the offence of fraud, where the author provides a legal analysis of the criminal offence of insurance fraud under the provisions of Section 210 of Act No. 40/2009 Coll., the Criminal Code, credit fraud under the...
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The crime of murder according to § 140 of the Criminal Code
Murínová, Jana ; Jelínek, Jiří (advisor) ; Mulák, Jiří (referee)
169 ABSTRACT The Criminal Offence of Murder under Section 140 of the Criminal Code The topic of the criminal offence of murder and its criminal aspects is very broad, and therefore the author of the thesis set out several main hypotheses, the fulfillment of which brought a comprehensive view of the topic. The main hypothesis of the thesis is to provide a comprehensive theoretical study on the topic of the criminal offence of murder in the legal system of the Czech Republic, which cannot be conceived separately from the constitutional principles of protection of the right to life. Therefore, the first partial hypothesis is an analysis of the anchoring of the right to life in the legal system of the Czech Republic, which is the subject of the first chapter. This chapter also explains key concepts such as the right to life, the moment of creation and termination of life. The current legal treatment of the criminal offence of murder in Act no. 40/2009 Sb., the Criminal Code, cannot be understood without the use of the historical and comparative method, which is why fundamental information on the historical development of our territory is the content of the second chapter. The third chapter uses the comparative method to elaborate the next main hypothesis, which is the current legal regulation of the criminal...
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Criminal offences of insurance fraud (§210), credit fraud (§211) and subsidy fraud (§212)
Kaiserová, Eva ; Jelínek, Jiří (advisor) ; Mulák, Jiří (referee)
Criminal offences of insurance fraud (§ 210), credit fraud (§ 211) and subsidy fraud Abstract In addition to the crime of fraud, special types of fraudulent acts were introduced into the Czech legal system in the late 1990s, consisting of insurance, credit and subsidy fraud. Their introduction was justified by the need for special regulation, as some forms of this crime were not punishable through the provisions on general fraud. On the one hand, the introduction of these new offences has been welcomed positively, but on the other hand, there have been criticisms of the regulation for being too casuistic and, above all, of the concept of 'prematurely completed offences', since in the case of these special fraudulent acts it is sufficient if the perpetrator has merely acted fraudulently and (with one exception) there is no need for such conduct to have a negative impact on the victim's property. The work is focused mainly on the description and analysis of the individual facts of the offences of insurance, credit and subsidy fraud, whether in their basic or qualified form, all accompanied by references and excerpts from the conclusions of established case law. For the two penultimate parts of the thesis, the method of comparison is used, first to compare the facts of the crime of fraud with the facts of...
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Aspects of public procurement in context of Criminal Law
Svatoň, Michal ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
The topic of this thesis is the analysis of criminal activities related to public procurement, the analysis of individual crimes that affect public procurement, the analysis and analysis of individual means of evidence used by law enforcement agencies to detect and prove criminal activities. At the same time, the thesis deals with and analysis of selected criminal offences that are imposed in connection with criminal activities related to public procurement. The aim of the thesis is then to evaluate the possible shortcomings in the legal regulation and the proposal for modification of the legal regulation. To this end, the thesis also deals with a comparison with foreign legislation in order to possibly inspire de lege ferenda proposals. The thesis is divided into five thematic chapters. The first chapter analyses the existing regulation of public procurement with the definition of concepts crucial for the criminal law regulation of public procurement. The author also briefly makes a comparison with the previous legal regulation, taking into account the fact that the terms mentioned in the criminal regulation refer precisely to the previous legal regulation of the Public Procurement Act. For this reason, the author also compares the concepts of both the Public Procurement Act and the Public...
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Compensation of immaterial damage in criminal proceedings
Klatovský, Jakub ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
121 Compensation of immaterial damage in criminal proceedings - Abstract The topic of this rigorous thesis is compensation for immaterial damage in criminal proceedings. This topic is mainly related to the question of fulfilling the conditions for its compensation and determining its amount. This thesis deals with the victim's entitlement to claim compensation for immaterial damage and a series of related issues, especially in relation to the determination of the amount of the claim for compensation for immaterial damage. The application and quantification of the injured party's claim in monetary form is considerably more complicated than in the case of compensation for material damages, and therefore this issue requires increased attention. The purpose of this thesis is to point out the procedural procedure of making a claim by the injured party in adhesion proceedings, the decision-making practice of the Supreme Court and the Constitutional Court, which often come into conflict with each other, and at the same time to put forward my own proposals for possible changes to the current wording of the Criminal Procedure Code. This rigorous thesis is divided into six chapters, each chapter dealing with a selected aspect of the issue of compensation for immaterial damage in criminal proceedings. The first...
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The criminal law instruments against organized crime
Šmejc, Marek ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
78 The Means of Criminal Law Dealing With Organized Crime Abstract The rigorous thesis explores the phenomenon of organized crime, examining it from criminological, criminal law, and historical perspectives in the introduction. Within the initial pages, the thesis delves into the concept of organized crime, considering various expert opinions. However, attempts to conceptually or empirically capture the phenomenon face numerous challenges due to its complexity and diverse forms. The thesis consistently emphasizes the importance of the topic, stemming from the serious threat to public interest posed by organized crime and ongoing international and national debates on the need to improve tools to combat it. The author also examines the current legal regulations, both domestic and international. The conclusion of the second chapter particularly focuses on the criminal offense of participation in an organized criminal group. Another chapter is dedicated to categorizing tools to combat organized crime into legal, institutional, and political categories. The author then delves into selected criminal law tools to combat organized crime, focusing on some of the most problematic instruments, where skepticism among certain experts is often justified. These controversial institutions of criminal procedural law,...
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Business Plan of the Active Studio Development
Šanderová, Hana ; Jelínek, Jiří (referee) ; Šimberová, Iveta (advisor)
The master´s thesis deals with processing of business plan for the establishment of the active studio. The final prospectus goes from the complete analysis of the market in term of potential customers and also of current competition. The aim of the thesis is to make a survey to find out how feasible is the business plan. In graduation theses also I valorize diversification of the project.
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Limits of evidence in criminal proceedings
Tretera, Štěpán ; Jelínek, Jiří (advisor) ; Mulák, Jiří (referee)
Limits of evidence in criminal proceedings Abstract The thesis deals with the issues of the limits of the applicability of individual means of evidence in criminal proceedings, especially with regard to the legality of their search and execution. These limits are closely linked to the basic principles of criminal procedure, as they are based on them and are measured by them in judicial practice. The work is based on the Czech statutory regulation of evidence in the Criminal Procedure Code, on the case law of the general courts and the Constitutional Court and, last but not least, on the case law of the European Court of Human Rights, which often assesses whether the evidence used in criminal proceedings does not violate the right of the accused to a fair trial under Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The thesis contains de lege ferenda issues, namely the legal regulation of the search and execution of particular means of evidence in the Criminal Procedure Code, and answers research questions related to evidence. The first chapters of the thesis are focused on the theoretical basis of evidence and the most important case law related to the basic principles of evidence and the process of evidence according to the individual categories of issues that must...
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Home search and search of other premises and locations
Paráčková, Monika ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
This doctoral thesis concerns itself with the search of one's home or search of other premises and locations by law enforcement. The objective is to provide an assessment of the current legal framework for such searches, both in terms of whether personal rights are being sufficiently protected and in terms of whether the framework is well-suited for practical application. Given the nature of home searches and searches of other premises and locations, i.e., more specifically, given how the performance of such searches may infringe upon personality rights, this thesis takes a rather detailed look at the proportionality between the interference with such rights, on the one hand, and the importance of conducting the home search for the respective criminal procedure, on the other. For this reason, an entire chapter is dedicated to the concepts of privacy protection, the inviolability of the home, and the right to be secure in one's home. The thesis analyzes in detail the legal framework for home searches and the search of other premises and locations under current Czech law, but also provides an overview of the historical legal development in our country, touching upon the various pieces of legislation which governed this criminal-law instrument in the past. Naturally, the thesis also devotes space to...
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