|
|
The prosecuting attorney and the police in pre-trial proceedings
Borovička, Lukáš ; Jelínek, Jiří (advisor) ; Herczeg, Jiří (referee)
The topic of this thesis is "The prosecuting attorney and the police in pre-trial proceedings". It has purpose to inform interested persons about legal regulations of pre-trial proceedings, purpose, function and methods of prosecuting attorney and the police. After short introduction subsequent chapter one deals with term "the police" including legal regulations of this term in Code of criminal procedure and common commentary. Characterization and explanation of term "the prosecuting attorney" in chapter two also delas with legal regulations of his function and role in pre-trial proceedings as well as with general characterization. Following chapter shortly explains some selected basic fundamentals or principles of criminal law and especially those principles used mainly in pre-trial proceedings. The term "pre-trial proceeding" is explained in chapter five including all of phases and forms of pre-trial proceedings. The core of the thesis is situated into chapter six, which deals with the present legal regulation of preliminary criminal procedure, especially role of the police and prosecuting attorney. In chapter seven there is a brief explanation of shortened preparatory criminal proceedings. In ending chapter I tried to give a summary and I also mentioned some problems of application of current...
|
|
|
Criminal Law and Criminological Aspects of the Internet Criminality
Krupička, Jiří ; Jelínek, Jiří (advisor) ; Záhora, Jozef (referee) ; Gřivna, Tomáš (referee)
Criminal Law and Criminological Aspects of the Internet Criminality Key words: Internet, Criminal law, Criminology Abstract (EN): Internet criminality is a very young phenomenon; the internet itself was presented in the recent form only about 20 years ago. Nevertheless, the relative youth of the internet does not mean that the internet crimes are less serious or less prevalent than other criminal activities. The mass, relative anonymity and progressive globalization of the internet together with bustling development of computer technology provide both the organized crime and individuals with perfect means to commit all sorts of offences. With regard to its extant, this study is not supposed to serve as an overall and full detailed analysis of the internet criminality. The objective of this paper is a criminological description of socially dangerous phenomenons related to the internet, concretely the origin of these phenomenons in the society, the most frequent modus operandi of the internet crime, means of prevention and the criminal law qualification of the relevant criminal activities. The paper itself is divided into four separate parts. The first part contains a general introduction into the problems of internet criminality. We can find there a definition of the term "internet" and "internet...
|
|
|
Criminal Legal Regulation of Fraudulent Conducts against Property
Heranová, Simona ; Jelínek, Jiří (advisor) ; Polák, Peter (referee) ; Sváček, Jan (referee)
Dissertation: Criminal Legal Regulation of Fraudulent Conducts against Property Author: Simona Heranová Department: Department of Criminal Law Supervisor: Prof. JUDr. Jiří Jelínek, CSc. Keywords: Criminal offence, principle of subsidiarity of criminal repression, fraud, insurance fraud, credit fraud, grant fraud, damaging the EU's financial interests, Protection of property has been settled as one of the interests protected by criminal law, but the formulation of facts of criminal acts sanctioning fraudulent conduct has always interfered with some specific aspects of this type of crime, chiefly consisting in the diversity of methods of how to conduct the fraud. Taking a comprehensive view of criminal legislation sanctioning the fraud against property in the Czech criminal law in terms of the most basic facts of the crime the author of this dissertation depicts to what extent this legislation is unsettled and ambiguous even - while dealing with partial problems, which however have the same principles - inconsistent. By creating a common ground, putting accepted conclusions and assumptions from the literature and judicial practice in context, so far unsolved problems are drawn. These come especially with newly formulated and fundamentally altered facts of crime within the analyzed area, where the...
|
|
|
Stalking
Bártová, Tereza ; Jelínek, Jiří (advisor) ; Herczeg, Jiří (referee)
This thesis deals with crime of dangerous harassement (stalking) in Czech Republic. It focuses on current legislation and possible future legislation changes. It deals with the most common types of harassement and its specific relationship to domestic violence. It focuses not just on the personality of offender but also on status of the victims and its possibilities of protection against stalking. It also deals with the penalties imposed for this crime under Czech law and performs comparative study of Czech and international regulations, especially of Austria, German and the United States of America.
|
|
|
Alternative sentencing and its comparison with other European Union countries
Soukupová, Zlata ; Jelínek, Jiří (advisor) ; Herczeg, Jiří (referee)
The main aim of my thesis is to develop an analysis of current legislation governing alternative sentences, their possibilities and limits comparing it with other European Union countries. The thesis also examines the proposals de lege ferenda that could be used as a benchmark and a guide for future amendments to the current regulation. The notion of alternative sentencing became a global trend in the last two to three decades; this is the result of, inter alia, of continuous increase in the number of inmates, prison overcrowding and congestion of the judicial apparatus. Crescent crime and new forms of crime (especially economic) hit the Czech Republic as a former socialist country in the post-revolutionary times, very assertive. The results of studies and language experts warn against lax approach in the form of increased storage imprisonment and criminal policy tightening. There is also talk about crisis imprisonment. It is clear that an unconditional sentence of imprisonment has its benefits, such as preventive effect, in my opinion, however, the left especially serious crime offenders and recidivist behavior: "Nesit summum malum dolor, malum certe est." Instead of intramural prison environment with significant social and deviant subculture find great potential in alternative prison sentences, which are...
|
|
|
Alternative Punishments
Hrbková, Miluše ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
My thesis is called The Alternative Punishments in czech criminal law. I have chosen this topic as using alternative forms of sanctions alongside with traditional punishments is a product of the last decades in our legal order and remains very actual question untill now. The crime rate is constantly rating therefor it is necessary to react on it adequally with providing a wide range of sanctions. As one of the governing principles in czech criminal law is a principle of humanity the alternative punishments take a pricipal place in our legal order. The main purpose of my thesis is to analyse and clarify the particular forms of alternative punishments. Those sanctions bring a lot of advantages for convicted in contrary to other traditional punishments as they are not issolated from society and have a chance to re-educate themselves. The alternative punishments are useful and cheaper than short-term confinement. This thesis focuses on the analysis of the actual legislation, assesses changes brought by the new criminal code and defines proposals which would imporove the legislation in future. The thesis is composed of eight chapters. First chapter is subdivided into three parts. The first part deals with the term and purpose of the punishment, the second analysis theory of punishment and the third one discusses...
|
|
|
Expert Evidence
Coufalová, Jana ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The thesis called "Expert proofs" deals with one of the types of proper evidence which is applied in cases when an expert report is necessary to clarify facts important for criminal trial proceedings. Thesis is divided into 5 basic chapters. The first chapter is introductory and talks about some of the general problems of expert laws - evaluation of the current legal regulations of expert's function - expert law and expert ordinance, especially from the point of view of the changes that these legal regulations have undergone as well as the forthcoming changes in the form of updating of the current law and preparation of a brand new law. It also talks about definition of an expert, especially the difference between a witness and a consultant, then briefly about their rights and duties in the criminal trial proceedings in general. The second chapter deals with the presence of an expert explicitly in criminal trial proceedings and is divided into three parts. The first one provides basic information about admitting an expert and its form. The second one concerns the definition of an expert's assignment and the third one concerns preparation of an expert report, in which the expert familiarizes themselves with the criminal case. The third chapter deals with the actual output of an expert's investigation, its...
|
|
|
Benefit of counsel in Czech criminal process
Martinek, Lukáš ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
This work systematically identifies and evaluates the right to defense in the Czech criminal proceedings. The angles, which are mutually complementary. First, in constitutional terms and the Criminal Procedure Code. The concept reflects the requirement for due process and fair trial. First it defines a general plane of the right to defense. The basic features and concepts. Also, the attributes of the content of the defense. Self-defined material and institute a formal defense. Emphasis is placed on the role of evidence in defense. The right to defense and its content, motivating considerations de lege ferenda in relation to the current applicable legislation. This is all in relation to the relevant international treaties.
|
|
|
Stalking - criminological and criminal aspects
Poslušná, Kateřina ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
This thesis would like to inform the reader of a new crime in the Czech republic which is dangerous pursuit (stalking) and it aims at analysis of current legislation. It attemps to define dangerous pursuit, the emergence of this phenomenon from a historical point of view as well as its current interpretation. It also covers the penalties that can be imposed on the criminals. Moreover, it also looks at victims of dangerous pursuit and effective ways of helping the victims as well as the criminals.
|
|
| |
guest ::
