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Protection against bribery and corruption and their prevention
Doleček, Michal ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Thesis describes often mixed terms of corruption and lobbying, tries to distinguish them and explain why there is a crucial difference between disruptive corruption and legitime lobbying, which is one of the key stones of modern demorcracy. The first chapter deals with the general term of corruption, its typology and bribery. The second chapter describes corruption criminal offenses in the czech criminal code and divides them into general and special ones. The third chapter deals with the term of lobbying, and the history of lobbying in the United States of America from the begining of lobbying in 19. century described as influencing politicans by powerful and influential individuals using all aviable techniques and corruption, through advancing regulation by the state. The next part of the chapter is dedicated to lobbying and corruption in the Czech Republic. It gives a few examples on which there is possible to demonstrate the level of current legal regulation, which does not allow transparent control of public on decision making of the public officials. The last part of the chapter shows most serious reasons for appearance of corruption in lobbying, which need to be cleared. The fourth chapter is about analysis of the regulation of lobbying in the United States of America and the United Kingdom....
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Criminal liability of municipal representatives and other persons for acts and omissions within the municipal unit
Richter, Martin ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
This diploma thesis deals with basically unstudied topic of criminal liability of municipal representatives and other involved persons. At the beginning there is an attempt to create at theoretical level distinction between political decisions where no legal consequences should be brought and implementing decisions. This thesis pays special attention to questions of mens rea with respect to special conditions within municipal units. Therefore it is created different levels of duty of care based on relationship between subject and draft of decision. It is also remembered influence of an error to mens rea and a special situation of an error caused by improper advice or materials. The thesis pays attention also to basic criminal offences connected to this topic - breach of trust, abuse of authority and corruption. At the end there is a brief comparison with the system of liability of municipal representatives in chosen countries. Powered by TCPDF (www.tcpdf.org)
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The concept and legal consequences of the transgression of the limits of self-defense and necessity
Baran, Zbyněk ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The concept and legal consequences of the transgression of the limits of self-defense and necessity The thesis is based on the criminal institutes of necessity and self-defense. The aim of the thesis is to analyse the concept of necessity and self-defence, set limits to those institutes, define cases of transgression of these limits and describe legal consequences of excess. The thesis is drawn as the analysis of current legislation regulating necessity and self- defense. Given that everyone can make use of these institutes, the thesis concentrates on the fact that the legislation in this matter should be comprehensible and expedient for the acting person and contains a thorough analysis of case-law. The comparative method is used to the lesser extent, Czech legislation is compared with legislation of some other European countries. A part of the thesis concentrates on the frequent de lege ferenda suggestions. In author's opinion, the enactment of these suggestions would help to promote legal certainty and extend the possibility to act in necessity and self-defense. The thesis is divided into an introduction, three main parts, which are further divided into chapters and subchapters, and a conclusion. Part one defines the concept of illegality as a requirement of commiting a crime, then the...
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Protection against corruption and bribery and their prevention
Kraus, Šimon ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
1 Summary The thesis deals with certain aspects of corruption and its prevention. It focuses mainly on whistleblowing as an instrument of corruption control. The thesis is structured into an introduction, three chapters and conclusion. The first chapter contains a general introduction to the corruption issue. With the aid of several historical examples of corruption cases in various social systems, I attempt to emphasize the complexity and ubiquity of this phenomenon. Further on, the chapter is concerned with clarifying the notion of corruption as well as other key concepts, such as bribery, lobbing etc. The second chapter provides an overview of Czech substantive anti-corruption criminal law with special focus on bribery offences incorporated in Sections 331 to 333 of the Czech Criminal Code. Two excursions are made within this chapter. The first covers the topic of gift acceptance by civil servants based on the new Czech Civil Service Act as well as the potentially corruptive effect of such practice, if allowed even to a limited extent. The second excursion discusses the fundamental differences between lobbing and the criminal offence of indirect bribery according to Section 333 of the Czech Criminal Code. This topic is highly relevant as these two concepts are frequently confused in practice, which is...
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Mediation in Criminal Matters
Albrechtová, Lucie ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Mediation in Criminal Matters is a part of Restorative Justice concept focused primarily on the reparation of harm caused by an criminal act. The ruling principle of Restorative Justice process is an active participation of the victim, offender and other persons affected by the crime on handling the concequences of crimes. Mediation in Criminal Matters has many common features with civil mediation, thus this thesis is concentrated on its specifics. This thesis is interested in fields of possible application of Mediation in Criminal Matters and its risks and benefits for the participants. There is offered an overviw of legal setting of Mediation in Criminal Matters in the Czech Republic and also in some european countries, which can serve as inspiration for future changes of our legal frame, which are suggested in the end. According to the actual results of criminological reseach seems Mediation in Criminal Matters to be an useful tool to handle consequences of crimes. This statement is valid under condition of respecting the rules for victims safety and proper case selection.
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A defence counsel in the criminal trial
Šmídek, Petr ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
In my thesis I focus on the position of the defence cousel at a criminal trial, which is considered the most important stage of the criminal proceedings, since it is decided on the guilt or innocence of the defendant and possible punishment. I refer to the current relevant legislation , evaluate it, and at some points compare with the previous legislation . In the text, emphasize the important role of the relationship between the defence counsel and his client, ideally based on mutual trust . I mention the vital role properly chosen tactics of the defense in criminal proceedings , targeted so that in relation to the accused have been as successful as possible. It also deals with the issue of the defence counsel prior to the commencement of the criminal trial itself, where I point out that the defence should not be idle, but already at this stage have carry out activities to achieve the defendents best interest. Futher in the thesis I mention when and under what circumstances a defence counsel appears for the client in the criminal trial, how he suggests the best way to present evidence and question witnesses and experts. Furthermore, the focus on the conclusion of the criminal trial, in particular, how the defence counsel should lead to his final speech The criminal trial ends with the verdict and...
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The selected issues of juvenile criminal justice
Adam, Josef ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
IN ENGLISH The thesis deals with the selected issues of the juvenile criminal justice. The aim of the thesis is to analyze certain issues of the juvenile criminal law, especially the issue of their criminal liability, punishment for their illegal conducts with concentration on upbringing measures, further protection of juvenile privacy and introduction to restorative justice. The respective analyses were realized with respect to historical development of the legal regulation of juvenile justice in the Czech Republic, primarily in form of comparison with the regulation from 1931, which was an inspiration for the current legal act on juvenile justice. Within my thesis I emphasize on aspects of restorative justice and bigger share of upbringing measures.
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Europeanization of Criminal Law
Polách, Marek ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Europeanization of Criminal Law This thesis deals with Europeanization of Criminal Law. The topic itself is broad, selected issues of Europeanization of Criminal Procedural Law are therefore emphasized. In the introduction, certain problems which accompany the Europeanization in a Criminal Law field are presented. The biggest obstacle is a close connection of Criminal Law with state sovereignty, which is something that states are reluctant to restrict in favour of European Union. Another hindrance to Europeanization is a difference among national criminal regulations, which make an achievement of a compromise regarding the harmonization harder. The first chapter concentrates on the terms Europeanization of Criminal Law, European Criminal Law and Criminal Law of the European Union. Their definition and differentiation is provided. The second chapter discusses in brief the evolution of Europeanization of Criminal Law prior to the adoption of Schengen treaties. The informal cooperation in criminal matters took place in this era. Unlike the one in the chapter three, which already addresses the formal cooperation in criminal matters. It describes gradual development from Schengen cooperation, through the cooperation under Maastricht, Amsterdam and Nice Treaty, up to the cooperation on the basis of...
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Wiretapping and recording of telecommunication traffic
Frolková, Klára ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
This thesis is devised as an analysis of the legal framework of the institutes of wiretapping and recording of telecommunication traffic, as well as the survey of the telecommunication traffic, which is included in the § 88 and § 88a of the act no. 141/1961 Coll., Criminal Procedure, as amended. The aim of this thesis was to analyze in detail the current and valid legal framework with respect to the protection of human rights and to point out the fact that the use of these institutes often finds itself on the threshold of considering the interference with the personal sphere of an individual to be justified/justifiable as well as the slight overstepping of such threshold by the public authorities, which I assume. The thesis is divided into four connecting chapters, not including the introduction and the conclusion. In the first chapter, which is divided into two sub-chapters, I address primarily the legal evolution of the examined institutes, as to when was the first time these institutes were incorporated into the valid legal framework and brought to life, their subsequent development and the most important amendments throughout the years. The second sub-chapter outlines the technical development from the not so distant past to the present, where I think about the evolution of technical...
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Issues of punishment for traffic offences
Hejda, Petr ; Říha, Jiří (advisor) ; Bohuslav, Lukáš (referee)
Road transport intervene in life perhaps each of us. Road transport play to journey to work, spending, medical care, no matter what already like drivers or co - driver or embarkment agents collective transport persons. At present is already quite common that the family personal two car, sometimes and more. S crescendo number vehicles in our households thereby fall and in - service on way, shoot up number enmity on roads, that often end in accident. Accident are also most frequent case offences or punishable act in road transport. Most accidents hasn't calamitous consequences, every day we're news media, especially television and internet, confronted with tragic aftermath serious accidents, that happen in all limits Czech republic. Unfortunately like general prevention these jerked - in - fillings and news malfunction so always speed ill general drift on the up grade of the number of accident stop. In his work first delimitate conception transport and road transport, try to explicandum punishable act in transport and will describe individual punishable act, that come into question like punishable act in transport. Most extensive volume of work will devoted punishments attempt life behind punishable act in road transport, when first carry out common expose punishments and purpose punishment and after it take...
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