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Computer and Internet criminality
Zeman, Daniel ; Gřivna, Tomáš (advisor) ; Zeman, Pavel (referee)
1 ABSTRACT In my thesis I have tried to analyse questions connected to information in general, as in my opinion the most valuable articles of our days. Information society, of which we are part of, is surrounded with information and has developed certain mechanisms, procedures and technology. My aim has been to consecrate a usage of information and communications technology. We can say that nowadays advanced world is almost perfectly linked and networked. It is done by virtue of increasing availability of computers and other communication instruments; another reason is constantly escalating technological ingenuity of their interconnection. Crucial role in this matter plays Internet, the net of nets, offering still faster, cheaper and more variable connection of its segments. It enables receiving and providing for information without any territorial, contentual, quantity limitation. Technological progression, which information sector shows, is unusually dynamic and also blond our control. Advances of the development go hand in hand with its disadvantages, to be specific with exploitation of computers and Internet. The question therefore is, if the proportion of benefits information and communications technology and its misuse stays the same and only the quantity extent rises. The answer is unfortunately...
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Domestic violence - in particular, criminological and criminal aspects
Kudryová, Michaela ; Hořák, Jaromír (advisor) ; Gřivna, Tomáš (referee)
Resumé (Aj) Domestic violence - in particular, criminological and criminal aspects The domestic violence is a significant societal problem which requires the attention of every state. But this opinion did not prevail in history. Although the domestic violence appeared across all social strata and historical periods, it was viewed as private problem of the family. In the Czech Republic the domestic violence has started to be considered as a public affair in last years. Nowadays the state guarantees especially a protection to victims of domestic violence. The legal order of the Czech Republic contains several acts affecting the domestic violence. The regulation of this phenomenon can be found in both private and public law. The aim of my thesis is to provide an integrated view to the domestic violence issue focusing on criminological and criminal aspects. This thesis is divided into eight chapters. First I tried to define a fundamental characteristics of domestic violence, then I turned my attention to the victimilogy and mainly to victims of domestic violence and impacts of the violence on their psyche. Third chapter is devoted to the Domestic Violence Act, which contains in particular legislation relating to expulsion as a protective instrument against domestic violence or introduces intervention centers....
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Effective Repentance and Bribery
Němec, Václav ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
The topic of this diploma work is "Effective repentance and bribery". Effective repentance is a reason which causes an extinction of punish ability. There are two kinds of effective repentance. The first is a general effective repentance. The second is a specific effective repentance. General effective repentance causes impunity when offender of criminal act of listed crimes retrieved injury by his own will, or announced criminal act to prosecutor or police officer in time when should be injury retrieve. Specific effective repentance is codified for just a few crimes. One of these crimes, where specific effective repentance was codified is bribery. Bribery effective repentance means, that the offender of bribe giving will not be penal responsible if he gives or promises bribe, just because he was asked for bribe and if he (by his own will and immediately) announced this to a prosecutor or a police officer. In the past since 1950 we have had this specific repentance in criminal law. Since 1/1/2010 we have got a new criminal law no 40/2009 Sb. New codex no. 40/2009 Sb. despite original legislative proposal does not codify specific effective repentance in corruption cases. It was tried to describe historical aspects of effective repentance in context with development of criminal law in our country. In my...
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Domestic violence and its prevention
Prudilová, Jana ; Gřivna, Tomáš (advisor) ; Hořák, Jaromír (referee)
1 Summary The topic of the diploma thesis is "Domestic violence and its prevention". The thesis is therefore divided into two parts - the first part dealing with the phenomenon of domestic violence and the second one focused on possibilities of prevention de lege lata and de lege ferenda. The main aim of the diploma thesis was to provide a general overview of this matter, analyze chosen aspects of domestic violence, emphasize related actual or controversial issues and after comparison with the foreign legal orders to suggest possible regulation of the issues not regulated. The presented diploma thesis consists of six chapters, each one dealing with another aspect of domestic violence. The first chapter should provide an introduction to the topic, define the scope of domestic violence and its features, explain principle of the cycle of violence and concentrate as well on the victimology. The second chapter scrutinizes the types and forms of domestic violence. The third chapter is dedicated to criminal law, examining criminal offences related to domestic violence and particular questions of the criminal procedure especially consent of the injured party to the prosecution and compensation of other than proprietary loss. The fourth chapter deals with comparison of the Czech legal regulation with the foreign...
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Crime relating to the abuse of addictive substances
Holubička, Petr ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
Crime relating to the abuse of addictive substances Crime relating to the abuse of addictive substances is still a current legal issue. It is a really broad topic including many different questions, namely illegal alcohol production, crimes committed by drug users to get money for their drug or crimes committed on drug users. However, the purpose of my thesis is to analyse drug offences in the Czech Penal law. First chapter deals with the history of legal regulation of crimes relating to the abuse of non-alcoholic drugs, because existing legislation is in many ways based on it. In this legal area, our country is still bound by several international conventions and I have devoted them in this chapter too. Finally, this chapter includes some basic information about our new penal code. The merit of this thesis is contained in chapters 2 - 6. Here substantive rules of drug offences according to articles 283 - 287 of the penal code are analyzed using the commentary on the penal law, articles of legal experts, and especially jurisprudence. Our new penal code brought into the issue of drug offences a new offence called "Illegal cultivation of plants containing narcotic or psychotropic substances for personal use of an amount greater then small" according to article 285 of the new penal code. Drugs were...
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Stalking
Procházková, Lucie ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
in English My thesis is focused on the criminal offence of "nebezpečné pronásledování" (dangerous harrasement as literally translated into English) under the section 354 of Czech Criminal Code. The offence was added to the Criminal Code recently, in order to allow criminal prosecution of stalking. In the past, the absence of special antistalking law has caused serious problems because of insufficient protection of victims. As the criminal prosecution of stalking has been possible for 3 years, I was convinced that the effectiveness of the provision should be evaluated and suggestions for de lege ferenda should be made. The thesis is divided into three major parts and each of them is further subdivided into chapters and subchapters. The first part of the thesis (represented by chapters 1 - 5) focuses on the obligatory elements of a criminal offence, this is the section of the thesis which analyzes and compares opinions of scholars with the opinions expressed in their judgements of judges. Subsequently, observed insufficiencies and inconsistencies are described and the suggestions on how to eliminate these insufficiencies are brought forward. In some cases relevant foreign legislation is mentioned and serves as a certain source of inspiration for suggestions for de lege ferenda. Chapter One is...
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Criminological and Criminalistic aspects of organized crime
Novák, Jiří ; Šámal, Pavel (advisor) ; Gřivna, Tomáš (referee)
English summary The diploma thesis is concerned with the phenomenon of organized crime as one of the most serious forms of crime. The basis of the thesis is formed by its criminological part in which emphasis is within the first chapter laid on delimitation and definition of this phenomenon from phenomenological perspective, description of its characteristic features and distinguishing it from other forms of crime. The second chapter focuses on the causes and conditions giving rise to organized crime, where individual factors facilitating this phenomenon are systematically divided within individual subchapters and are examined always with practical examples of formation and development of individual criminal organizations with regard to their historical context. Emphasis is placed on high level of social dangerousness of this phenomenon for the society as such. The last chapter of the criminological part of the thesis deals in more detail with the main characteristic of organized crime, or criminal organizations, i.e. the notion of internal organizational structure, which is also mentioned in the statutory definition of organized criminal group in Czech criminal law. This section contains numerous examples of individual types of this internal organization and attention is further paid to its significance...
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Juvenile Crime in comparison
Škudrna, Michal ; Gřivna, Tomáš (advisor) ; Zeman, Pavel (referee)
This rigorous thesis is dealing with comparison of the juvenile delinquency development and structure in Czech Republic, Slovakia and Austria and deals only with registered delinquency. In the introduction thesis explains important terms to understand problems of juvenile delinquency. Further on it provides information where it is possible to get necessary information about juvenile delinque ncy. Thesis analyzes situation of juvenile delinquency in year 2010 in parti cular compared countries including its structure and shows a development of a juv enile delinquency in the territories of Czech Republic, Slovakia and Austria. It also provides information about current projects for prevention of juvenile delinquency in compared countries.
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Non-addressable school violence - criminological phenomenon
Vrána, Filip ; Vokoun, Rudolf (advisor) ; Gřivna, Tomáš (referee)
Non-addressable school violence - criminological phenomenon The purpose of the thesis is an analysis of non-addressable school violence, identifying it's roots, describe the perpetrators and the approaches used in fighting the problem, and lay down a characteristic of the youngest of them, a threat assessment program. The thesis is composed of three chapters, which are: Definition of non-addressable school violence, Current approaches to non-addressable school violence, Safe school iniciative and Implementing a threat assessment program. Each chapter is divided into subchapters according to the relevant issues. Chapter One consists of four parts. The first one deals with the definition of non-addressable school violence and the differences between it and the other types of violent behavior. The second one contains history of this phenomenon and how it changed in time. Third is about age of the perpetrators and the victimology and the last one deals with the effect of medialization. Second chapter is about current approaches used to describe non-addressable school violence, these are profiling, guided professional judgment, automated decision making and threat assessment. In the subchapters I argue pros and cons of all the approaches when used on the problém at hand. Third chapter is about "Safe...
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Criminal law and criminological aspects of the rape crime
Staňková, Lenka ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee)
(EN): Criminal Law and Criminological Aspects of the Rape Crime The rape crime is a very specific crime. Although it belongs to the most painful and traumatic crimes, the public does not often pay enough attention to it, which in practice leads to the fact that rape victims are sometimes overlooked, treated insensitively, or their trauma is often trivialized. We also cannot ignore the fact that the rape crime is accompanied by a number of prejudices, which are for many decades ingrained in our society. All these aspects result in the fact that this crime is characterized by very high latency rate. In my diploma thesis, I dealt with the criminal law and criminological aspects of the rape crime. I was also concerned with the progress in legal regulation of rape, which has changed a lot in past 50 years. My diploma thesis consists of two parts; the criminological part and the criminal law part. The first part contains criminological aspects of the rape crime, especially general introduction into the problem and definitions of the rape according to different theories and scientific approaches, types of rape, ways how the rape is usually committed (so called modus operandi), and one chapter is also dedicated to the rape victims. In this chapter, I focused on men as victims of the rape crime; on...
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