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Punishment of disqualification and its control
Chovancová, Anna ; Šelleng, Dalibor (advisor) ; Dvořák, Marek (referee)
Punishment of disqualification and its control Abstract The topic of the thesis is the punishment of the disqualification and its control. The main goal is to analyse the punishment of disqualification and its control in the Czech legislation and to focus on possible deficiencies but also on possibilities of correction or other legal solutions. The thesis is fact-based from the beginning with specific examples from case law to illustrate the breadth of the topic. The text of this thesis is divided into six chapters. In the conclusion I summarise the findings of the whole thesis and suggest possible solutions to the problems. The first chapter deals with the topic of punishment in general and is divided into five subchapters. The first subchapter deals with the history of punishment in general. The second subchapter is devoted to the purpose of punishment as such. The third subchapter deals with the system of punishments in Czech legislation and the fourth subchapter deals with the possible classification of punishment. The last fifth subchapter deals with the concept of alternative punishments, which defines what constitutes an alternative punishment. Alternative punishments are associated with the performance of the Probation and Mediation Service of the Czech Republic. It is an important institution that...
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Eyewitness identification in the light of the case law of the Czech courts
Novák, Matěj ; Dvořák, Marek (advisor) ; Šelleng, Dalibor (referee)
Diploma thesis Eyewitness identification in the light of the case law of the Czech courts Abstract The diploma thesis deals with the traditional criminalistic institute called eyewitness identification, as it is regulated by the Czech legal regulation in Section 104b of the Act No. 141/1961 Coll., Czech Criminal Procedure Code. The diploma thesis is divided into five parts, which are concentrated into three larger units. The first part describes the individual attributes of eyewitness identification, such as the subjects involved in the eyewitness recognition, functions, elements and phases of eyewitness recognition, as well as the definition to other so-called special methods of evidence. The second part compares the Czech legal regulation of eyewitness identification with foreign legal regulations, specifically with Slovak, Italian, Polish and English legal regulation. Within the framework of the comparison it is also points to those provisions in foreign legal regulation which, according to the opinion of the author of the thesis, represent more precise and perfect legal regulation. The third part includes an analysis of the decisions of the Czech courts (both constitutional court and the general courts) concerning eyewitness identification, where these decisions have significantly influenced the Czech...
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Possibilities of toolmark examination with focus on theft by burglary
Vilím, Frederik František ; Dvořák, Marek (advisor) ; Šelleng, Dalibor (referee)
Possibilities of toolmark examination with focus on theft by burglary Abstract (English) Diploma thesis deals with tool mark examination in the predominant first half. The thesis discusses tool mark examination as a forensic science, it describes its beginnings, types of toolmarks, the process of securing them and the individual types of examination. At several points, the thesis attempts to give specific examples of toolmark examination, and it tries to show a connection between them and the felony of theft by burglary. For some chapters, specific cases from case law are given to give the reader a better understanding of this field. In about the second half, the thesis focuses more on the felony of theft by burglary itself, with an emphasis on residential burglary and related aspects. The main theme of this thesis is the completion of knowledge from forensic toolmark examination, its relation to the felony of theft by burglary and the contribution of new knowledge gained from abroad. Beyond the actual execution of the examination, it deals with the legal aspects of these terms and evaluates the legal basis of the felony of theft by burglary, while not limiting itself to the Czech Republic. The goal of the thesis is to show to what extent it is possible to identify a particular toolmark connecting it to a...
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Alternatives to unconditional sentence of imprisonment
Košárková, Barbora ; Šelleng, Dalibor (advisor) ; Hořák, Jaromír (referee)
Alternatives to unconditional sentence of imprisonment This thesis examines selected alternative punishments to imprisonment. In particular, it focuses on home arrest (including electronic monitoring), community service and fines, in the context of the Czech and Dutch legislation. The first chapter describes the concept and purpose of punishment, while the first subchapter introduces the different concepts of punishment and the second subchapter presents the different theories of punishment, the purpose of punishment and its use in the legal system of the Czech Republic. The next three chapters are devoted to restorative justice, probation and mediation and finally to the concept of alternative punishment in general. Chapter five focuses on the regulation of alternative sentencing in the Czech Republic. It is divided into six subchapters, where, after a general introduction and introduction of an important amendment to the Criminal Code. The following three subchapters cover the punishment of house arrest, community service and fine. These subchapters are then divided into the historical development of the punishment in question, its characteristics and definition, the imposition of the punishment in question and the imposition of adequate duties and restrictions, the conversion of the punishment...
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Crime in time of emergency
Novotná, Terezie ; Šelleng, Dalibor (advisor) ; Hořák, Jaromír (referee)
Crime in time of emergency Abstract The subject of this thesis is crime in times of states of emergency declared during the 21st century. The aim of the thesis was to identify the relationship between crime and states of emergency, to present the states of emergency declared in the 21st century and to show their role in the criminal code along with their use in judicial practice. The states of emergency that have been declared can be divided into two categories, namely states of emergency due to natural disasters and states of emergency during the pandemic of the COVID-19 disease. The thesis describes the states of emergency in 2002, 2006 and 2013 that had floods as a cause, the state of emergency during Hurricane Kyrill in 2007 and the states of emergency that were declared in 2020 and 2021 during the pandemic of the COVID-19 disease. The paper also focuses on crime outside of emergencies and there is a comparison with crime during emergencies. Based on police statistics, the evolution of registered crime between 2011 and 2021 is analysed. Subsequently, the focus is on registered crime during times of natural disasters and then during the COVID-19 pandemic. In the Criminal Code, the state of emergency is already found in the three basic facts of criminal offences, and it also occurs as a generally...
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The problems of judicial expertise in criminal proceedings
Dostálová, Kateřina ; Šelleng, Dalibor (advisor) ; Hořák, Jaromír (referee)
The problems of judicial expertise in criminal proceedings Abstract The diploma thesis focuses on forensic expertise and the current state of the subjects performing expert activities in the Czech Republic. Its aim is to prove empirically that the number of experts is insufficient. The thesis also focuses on possible problems that may arise in connection with the absence of experts, expert offices and expert institutes not only in practice but also in the court proceedings themselves. In order to comprehensively identify the state of expert subjects, the thesis uses analytical, normative and empirical approaches of scientific research using mainly static methods and qualitative interviews. The outflow of forensic experts is a long-term phenomenon. The current number of experts is the lowest in the last 20 years. At the same time, the list of experts includes fields and sectors in which no expert is registered. Their absence is reflected, for example, in the need for more frequent use of ad hoc experts, which can be problematic. It has a negative impact on the right to a fair trial, in particular on the so-called 'equality of arms', as only public authorities can bring in persons performing one-off expert activities. There is also a problem of undermining the professionalisation of expertise, as ad hoc...
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Legal and criminalistic aspects of crime scene investigation in criminal proceedings
Kolářová, Kateřina ; Šelleng, Dalibor (advisor) ; Dvořák, Marek (referee)
This diploma thesis deals with the legal and criminalistic aspects of crime scene investigation in criminal proceedings, This metod is specified in the current legal regulation of section 113, Act No. 141/1961 Coll., Czech Criminal Procedure Code. Crime scene investigation is one the basic procedural acts, which often provides the only information about the investigated crime. Further, this special method provides key evidence leading ultimately to a final decision in the criminal proceedings. There are high demands on criminal authorities to investigate the crime scene. A possible misconduct could lead to the unusability of the investigation of crime scene as evidence in criminal proceedings. This is also highlited by the nature of investigation of crime scene as an urgent and unrepeatable act. The text of this diploma thesis consists of three chapters. In the first chapter, there is general definition of crime scene investigation, its basic characteristics and principles. The following is a brief definition of the legal interpretation and a comparison to the upcoming version of criminal procedure code. The content of the other chapters are criminalistic-tactical principles applied in the actual investigation of the crime scene, from security measures to the inveestigation of crime scene itself....
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Illegal possession and manufacture of firearms
Holoubek, Matěj ; Krupička, Jiří (advisor) ; Šelleng, Dalibor (referee)
Illegal possession and manufacture of firearms Abstract Topic of this thesis is illegal possession and manufacture of firearms, mainly focused on illegal manufacture of firearms. Key method of firearms manufacture, which is introduced to the reader, is 3D printing. First chapter contains the historical evolution of laws pertaining to illegal possession and manufacture of firearms, with the bulk of the chapter dedicated to 20th century. Second chapter deals with the currently used regulation of illegal possession and manufacture of firearms, from international contracts, through European law to administrative and criminal law. Some shortcomings concerning criminal law, stemming from changes in gun laws, are brought to the attention of the reader. Third chapter focuses on the known scope of illegal possession and manufacture of firearms. It contains police statistics from Czechia and surrounding countries and numbers of charged and sentenced for illegal possession and manufacture of firearms. Aside from that, it deals with gun crime, number of legal guns, number of missing and lost guns and the number of guns given up during gun amnesties. The following chapter explains the "traditional" methods of illegal manufacturing of firearms. It depicts selected cases of improvised manufacture of guns, and introduces...
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Methodology of investigating drug crimes with a focus on production of methamphetamine
Vávra, Vojtěch ; Dvořák, Marek (advisor) ; Šelleng, Dalibor (referee)
Methodology of investigating drug crimes with a focus on production of methamphetamine Abstract This thesis deals with methodology of investigating drug crimes with a focus on production of methamphetamine. Considering the complexity of the mentioned topic, it takes into account substantive and procedural criminal law, criminalistics, criminology and addictology. In the first chapter, in addition to describing the forms, effects and methods of methamphetamine production, with an emphasis on the Czech way of methamphetamine production, the historical genesis of the problem is also presented. The second chapter defines the terms small-scale production, medium-level production and large-scale production in order to increase legal certainty. The thesis draws inspiration from the current methodology of the National Drug Headquarters and the United Nations. This part of thesis also includes a statistical section dealing with the structure of drug crime in terms of prosecutions and seized clandestine laboratories. The third chapter describes a typical drug offender. The offenders are divided according to their level of professionalism into three groups: amateur, semi-professional and professional. This paper also discusses individual roles in an organized group, which it classifies as mandatory and optional in...
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Crimes Against Wildlife
Vokoun, Michal ; Dvořák, Marek (advisor) ; Šelleng, Dalibor (referee)
Crimes Against Wildlife The subject matter of this diploma thesis is the protection of wildlife species by means of criminal law. It maps the current legal regulation in this area at the international level, on the EU level, as well as in the Czech national law, especially in terms of possible criminal sanctions that can be imposed under the law for illegal handling of these animals. On the global scale, it covers in particular the CITES Convention, but also other international conventions such as the Bonn Convention, the ICRW or the Bern Convention. As for the law of the European Union, it works with the CITES Regulation and other related regulations, as well as the Directive on the protection of the environment through criminal law. As far as the Czech law is concerned, the thesis provides a detailed analysis of the crimes most closely related to the issue, i.e. the crime of unauthorized handling of protected wildlife species under s. 299 of the Criminal Code and s. 300 of the Criminal Code (in the negligent variant) and the crime of poaching under s. 304 of the Criminal Code. Here, it analyses the individual elements of these crimes, including the circumstances conditioning the application of higher penal rates, and also addresses the justification and difficulties with the application of...
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