|
|
Issues of criminal liability of legal entities
Konůpková, Simona ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The thesis concerns the questions related to the criminal liability of legal entities, with focus on their sanctioning. The criminal law is being traditionally linked to the criminal liability of an individual. The social environment has changed in the last decades in such a way that it was vital to reflect its negative consequences. In a number of EU countries, the action resulted in implementation of criminal lability of legal entities. The Czech Republic used to be a country where the criminal lability of legal entities was not complied with for many years. The change was brought by adopting the act of No. 418/2011 valid from 1st January 2012, dealing with criminal liability of legal entities and its related proceedings. The thesis is devided into four chapters. The opening chapter focuses on theoretical questions of criminal liability of legal entities. Different approaches to the matter are analysed here in detail, international and European commitments of the Czech Republic in relation to criminal liability of legal entities are also mentioned. The second chapter is related to the basic rules of sanctioning the legal entities. Theoretical definition of "sentence" and "preventive measure" terms can be found in the first part of the chapter. All rules for sentencing and specific criteria for...
|
|
|
The Crime of Dangerous Stalking under Section 354 of the Criminal Code
Kuřinová, Jana ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Resumé v anglickém jazyce The issue of this thesis is the crime of dangerous stalking, which is set out in section 354 of the Act No 40/2009 Coll., Criminal Code and which criminalizes behavior commonly known under the term of stalking. The thesis aims not only at clarification of the criminal-law aspects of this crime, but also at its presentation in a more complex approach. So the thesis is divided into three parts, which are comprised of seven chapters. The first part, which is comprised of first two chapters, deals with stalking and its victims. This part addresses both the contemporary concept and historical development of this pathological phenomenon, frequency of its incidence, its possible manifestation, impact on pursued individuals and risk, which follow to them from stalking. The second part, which is comprised of third, fourth and fifth chapter, deals with issue of the crime of dangerous stalking itself. This part addresses the process of its implementation in the Czech criminal law and also its criminal- law aspects. So this part analyses this crime and deals also with possibilities of its concurrence with another crimes and with various tools of protection, which for pursued individuals provides the whole legal system. The last third part is comprised of sixth and seventh chapter. These...
|
|
|
The protection victim of crime
Tkáčová, Natália ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
English Abstract I chose the topic of my thesis, "Protection of victims of crime", because this issue is very topical in recent years, not only in terms of legislation, it is also an important topic that affects society. Unfortunately, crime is an integral part of society, and any one of us can become a victim of crime. Only when a person is affected by crime does he realize how important the protection of victims is. The Czech Republic is a country that does not forget to address this issue, and it comprehensively amended the rights of victims with Act no. 45/2013 Coll., On the Protection of Victims of Crime. Legislation on the protection of victims of crime is relatively new, and like many regulations that have no equivalent in the legal system, this law will also be subject to change and improvement over time. Although the victims' Act undoubtedly strengthened victims' rights and moved them to the next level, it has still been criticized for its considerable shortcomings. The prepared amendment to the Act on Victims of Crime, which incorporates the conformity of the given act with EU law and also seeks to incorporate knowledge in exercising victims' rights in practice, is trying to remove this problem at least in part. In my thesis, I focused primarily on the protection of victims' rights, which are...
|
|
|
The crime of dangerous stalking under under s. 354 of the Criminal Code
Nedbálková, Gabriela ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Resumé v anglickém jazyce This thesis is focused on the crime of stalking under s. 354 of the Criminal Code no. 40/2009 Coll. This crime affects a phenomenon referred to as stalking in terms of criminal law. The aim of the thesis is to provide a comprehensive view on the issue of stalking in a broader context than just the one of criminal justice, and to compare the crime of stalking under the Czech criminal law with selected foreign laws. The thesis is divided into two major parts. The first part consisting of the first four chapters characterises the above-mentioned phenomenon mainly from the view of criminology and forensic psychology. The second part attempts to analyse the crime of stalking itself. The first chapter deals with the definition of stalking while evaluating and refuting the myths associated to this phenomenon. Then a brief history of the term is mentioned, followed by the descriptions of different types of stalking conduct highlighting mainly the ex-partner stalking, cyberstalking and stalking of celebrities. The first chapter also explores the beginnings and development of the Czech anti-stalking legislation. The second chapter focuses on the stalker in terms of criminology and forensic psychology. Different types of stalkers are illustrated according to selected typologies. The focus is...
|
|
|
Comparison of Czech and Polish legislation - offenses against human dignity in the sexual area
Stec, Adela ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The aim of my diploma thesis is a comprehensive comparison of sexual offenses legislation in Polish and Czech law. This diploma thesis consists of 11 main chapters. First chapter deals with the general concept of crimes against human dignity in sexual matters in the Czech Republic, second chapter deals with the concept of crimes against sexual freedom and morality in Poland. Third chapter analyzes aspects of Czech criminal law closely related to the sexual offenses, fourth chapter deals with the same in Polish law. The following chapter is a brief comparison of selected aspects of the Czech and Polish law. Chapter Six focuses primarily on the crime of rape and its comparison in Polish and Czech law, when both legal systems for a various socially dangerous behavior use different systematics, whether in the context of the crime of rape, or as a separate offense - sexual coercion in the Czech Republic, sexual abuse clueless or deranged person or abuse addiction and critical situation in Poland. Seventh chapter is devoted to the problem of adult prostitution and offenses associated therewith, including human trafficking. Chapter eight analyzes the very phenomenon of pornography and offenses related to pornography, this chapter also deals with child pornography, including grooming and mentions...
|
|
|
Fictional languages in literature
Jelínek, Jiří ; Hrdlička, Josef (advisor) ; Pokorný, Martin (referee)
The purpose of this thesis is to introduce the so far ignored topic of fictional languages in literature. In the first part it focuses mainly on the function of the fictional languages in the literary works, and analyses the basic options of the fictional languages classification, based on whether they can be labeled as an independent work of art, as an autonomous part of a work, or as an instrument of the aesthetic function in the work. Furthermore, it divides the fictional languages in accordance to the way in which they take effect, either through the expression-form, through the expression- substance, through the content-form, or through the content-substance, taking the terminology from the Louis Hjelmslev's sign model. The second part consists of the analysis of the cases of fictional language usage in prose; these usages are grouped into three divisions. Languages, which help to create an invented world (and eventually add up to its authenticity), are represented by J. R. R. Tolkien's fictional languages. The dystopian languages include Newspeak from the novel Nineteen Eighty Four by George Orwell, ptydepe and chorukor from the play The Memorandum by V. Havel, and "Moon Czech" from the prose The True Excursion of Mr. Brouček to the Moon by S. Čech. Fictional languages related to philosophy are...
|
|
|
Complaint against a violation of law in criminal matters
Visinger, Radek ; Jelínek, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee) ; Sváček, Jan (referee)
The aim of the present dissertation is to provide the fullest possible legal analysis of the complaint against a violation of law, including its historical and international context, and to endeavour to reflect critically on its current application in practice. In the author's approach, the review of criminal cases on the basis of the files prior to a possible application of this legal remedy is an indispensable object of study. Among other things, the work thoroughly analyzes the applicable grounds for the complaint against a violation of law, its purpose and role in the whole system of extraordinary remedies, and it describes the course as well as the specifics of the Supreme Court proceedings. Standard and optional methods of interpretation are complemented by an empirical examination of the sample of 80 complaints submitted to the Supreme Court, which is aimed at identifying and classifying the alleged flaws and the extent to which there might be an overlap with extraordinary appeal (dovolání). The chosen topic appears to be very timely with regard to the ongoing preparatory legislative work on the new Criminal Procedure Code. The descriptive passages are accompanied by the author's opinions on selected decisions of the Supreme Court and the deficiencies of the current legislation. Taken...
|
|
|
Selected issues of sanctioning of legal persons
Tibitanzlová, Alena ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This thesis deals with selected issues in sanctioning of legal persons. In particular, it focuses on sanctions applicable to legal persons under the act on criminal liability of legal persons. I selected this topic since I am interested in criminal law, especially in criminal liability of legal persons. I decided to focus on sanctioning of legal persons, or more precisely on selected issues thereof, since there are many reasons why this topic is subject of passionate discussions about the act. Based on theoretical and practical findings, this thesis aims to analyze whether the current state of law in the area of sanctioning of legal persons in the act on criminal liability of legal persons is perfect and fully sufficient, or whether it requires amending. The preface introduces the topic of sanctioning of criminal persons and the structure and the main goals of this thesis. Subsequently, the thesis is divided into seven chapters. The first chapter deals with theoretical issues. It covers different approaches to sanctioning of legal persons throughout Europe and key arguments both in favor and against the introduction of new regulation of sanctioning of legal persons in the Czech Republic. The second chapter covers basic provisions of sanctioning of legal persons in the act on criminal liability of...
|
|
|
Václav Havel, Politician and Intellectual: The Idea of Non-Political Politics
Jelínek, Jiří ; Franěk, Jakub (advisor) ; Švec, Kamil (referee)
Non-political politics, ergo an alternative approach to the classical politics of power engineering, is one of the major philosophical themes of Václav Havel. Havel is placing this concept against the communist post-totalitarian regime, which forces the society to live in ideological lies. This post- totalitarian regime claims the absolute control over the society, its behavior and thinking, by which it suppresses natural identity of every man. Solution to this situation is the life in truth, integral part of the non-political politics. The life in truth is a defence against lies of the regime and it allows people to preserve their identity. Post-totalitarian regime in its core seek to control everything and cannot ignore such existential mutiny. It attempts to suppress it and thus making dissidents its political oposition. Dissidents only declare truth by which they obtain respect of western countries and consequently some influence over the communist regime. Havel is further developping this concept since 70's into separate approach to the politics in general, which makes it still current even nowadays. Although the possible naivety, this concept definitely played its role as we can see on Charter 77, which became the first swallow of freedom in the normalization Czechoslovakia.
|
|
|
Damages, compensation of other than proprietary loss and recovery of property obtained as a result of unjust enrichment in criminal proceedings
Beranová, Andrea ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The submitted rigorosum thesis contains an analysis of so-called collateral proceedings in accordance with the legal regulation in force as specified in Act No. 141/1961 Sb., Criminal Procedure Code. Collateral proceedings represent the part of criminal proceedings in which the court adjudicates the claims of an injured person concerning damages, compensation of other than proprietary loss and recovery of property obtained as a result of unjust enrichment that arose in connection with a criminal offence. The importance of collateral proceedings consists in the fact that by using it the injured person may avoid time-consuming, and financially as well as procedurally demanding civil proceedings. However, the institute of collateral proceedings comprises a number of specific issues since a criminal court adjudicates private claims of the injured party in compliance with the rules of substantive law other than criminal law (mainly civil law and labour law regulations) but, still, within the framework of criminal proceedings. The thesis consists of three parts. In the first part I describe the concept of the injured individual and I distinguish it from the term "the victim of a criminal offence" in accordance with Act No. 45/2013 Sb., on Victims of Crimes. The right of an injured person to assert...
|
guest ::
