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The Moral Crime and its Prevention
Dlouhá, Eliška ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The Moral Crime and its Prevention Abstract The thesis deals with the topic of moral crime and its prevention. The aim of this thesis is to provide a basic overview of the field of moral crime, to define the basic concepts related to this issue and to provide a deeper insight into the interpretation of selected sexual offences. This thesis is composed of four main chapters, each of which focuses on different aspects of the matter at hand and attempts to grasp it from multiple different perspectives. The introductory chapter contains definitions of basic terms related to sexual offences. It concentrates on defining terms such as morality, law or moral crime itself. It focuses primarily on the relationship between these terms, how law and morality differ from each other, and defines the general concept of crime in terms of legal and sociological concepts. The central part of this chapter is the definition of the concept of moral crime and its relationship to morality and law. Furthermore, the focus is on the statistical development of moral crime. The second chapter discusses the offender and victim of moral crime. The concept of the offender is defined from both a criminal law and criminological perspective. The categorization of offenders is described from various perspectives and the issue of sexual...
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The criminal offence of dangerous threatening under Section 353 of the Criminal Code
Lotterová, Helena ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The criminal offence of dangerous threatening under Section 353 of the Criminal Code The topic of this diploma thesis is the offence of dangerous threatening pursuant to Section 353 of the Criminal Code. The thesis, which is divided into seven parts, focuses on a comprehensive presentation of this topic and provides an insight into the jurisprudence and the legislation in other states. The first part describes the historical development of the crime of dangerous threating, first with a brief mention of the early beginnings, which is followed by a more detailed regulation in the Czech Republic and Czechoslovak Republic. The second part of the thesis is focused on the general concepts of criminal law, especially on the concept of a criminal offence. The aim of this part is to present the basic definition of key concepts, which are further worked on in the third part of the thesis. The third part, which is the main part of this Master thesis, is devoted to the regulation of this criminal offence, its classification within the criminal law, international and constitutional context and its detailed characteristics. The Czech court case law is also taken into account, especially with regard to questions related to the arousing of legitimate concern. The fourth part is devoted to the relationship of the...
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Penal aspects of corruption
Mottl, Jiří ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
57 Penal aspects of corruption Abstract This thesis deals with the aspects of corruption that are sanctioned under criminal law. The aim of the thesis is to define the current criminal legislation punishing this form of crime, to present its problematic aspects and to propose possible solutions to these issues. In this context, a part of the thesis is also devoted to the definition of the concept of corruption, the historical development of the legal regulation in the Czech Republic in particular, the legal regulation in the field of international and European law, as well as legal comparison with foreign countries. First, the thesis devotes a section to various definitions of corruption by both Czech and foreign academics. Subsequently, the typology of corruption and the factors influencing its occurrence, extent and severity are outlined. Next, the first cases of criminalisation of corruption, the development of legal regulation in the Czech lands, and in particular its regulation within criminal codes are presented in the framework of historical development. Then, the international conventions dealing with the fight against corruption to which the Czech Republic has acceded are presented, as well as the legislation within the European Union. Furthermore, the thesis defines the crimes that are committed...
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Criminal Law Instruments Against Organized Crime
Ráliš, Petr ; Tejnská, Katarína (advisor) ; Bohuslav, Lukáš (referee)
This thesis is dedicated to the introduction of criminal law instruments for the fight against organized crime and their current legal regulation in the criminal law of the Czech Republic. The introductory part of the thesis is focused on briefly introducing some criminological definitions of organized crime, its definitions in selected international documents and last but not least, the definition of the organized criminal group in Czech criminal law. The second part is devoted to the legal instruments against organized crime regulated by substantive criminal law, namely the offence of participation in an organized criminal group and the issue of punishing the perpetrator of an offence committed for the benefit of an organized criminal group. The third part of the thesis describes the instruments against organized crime regulated by the criminal procedural law. First, considerable attention is paid to the interception and recording of telecommunication and the so-called "spatial interception" and the problem of its missing legal regulation in the Czech criminal law, followed by a chapter dealing with the procedural admissibility of interception as evidence in criminal proceedings. The next chapter is dedicated to operational investigative actions (i.e. pretended transfer, surveillance of persons...
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Limits of interference with constitutionally guaranteed rights and freedoms in criminal proceedings
Doležalová, Dominika ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Limits of interference with constitutionally guaranteed rights and freedoms in criminal proceedings Abstract The presented thesis deals with one of the key issues of criminal procedural law, namely the limits of interference with constitutionally guaranteed rights and freedoms in criminal proceedings. The regulations of criminal proceedings in the Czech Republic, a democratic state governed by the rule of law, must, while preserving the tools for effectively combating crime, contain such guarantees of a fair trial that the full protection of the rights and freedoms of the persons being prosecuted is ensured. In view of the increasing standard of protection of fundamental rights and freedoms on the one hand and the increasing sophistication of criminals as a result of globalisation and the rapid development of modern technology on the other, this creates an extremely difficult task for the legislator. This thesis presents a detailed analysis of the issue. Recent developments in the Czech jurisprudence made apparent certain gaps in the legislation of criminal proceedings, specifically in the area of "evidence" and in the related area of interception. For this reason, the first out of the five chapters of the thesis discusses the establishment of the practice of fair trial in the Czech Republic, which puts an...
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Selected issues of criminal liability in health care
Houzar, Petr ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Selected issues of criminal liability in health care Abstract The work deals with selected issues of criminal liability in health care. In the introductory chapter it names some specifics of the relationship between health care and law. The second chapter presents selected, fundamental sources of medical law, which in addition to national legislation include selected international conventions and attention is paid to the role of court decisions in the Czech legal system. The same chapter defines some basic concepts that are important for the whole work and for its subject. The third chapter of this work can be considered as a theoretical basis of the subject of this work. The work deals mainly with the theoretical foundations of criminal liability and its origin, in connection with the specifics of criminal liability in health care and finally the specifics of criminal liability of legal entities. Furthermore, this chapter discusses other legal responsibilities that come into play in connection with the provision of health services - civil, administrative, labor and disciplinary liability. This chapter ends with a separate subchapter, which deals with the importance and role of expert opinion in assessing the emergence of legal liability in health care. The fourth chapter of this work is a practical part....
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Sanctioning of legal persons
Bartoš, Jan ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
1 Sanctioning of legal persons Abstract Sanctioning of legal person is a topic that is more than relevant. Although the phenomena of criminal liability of legal person is not unknown to the continental Europe, rapid development can be seen in the second half of 20th century and in the beginning of the 21st century where most of European countries enacted laws regarding criminal liability of legal persons. The Czech Republic enacted the Act No. 418/2011 Coll. on the criminal liability of legal persons (hereinafter "ZTOPO"). This diploma thesis is divided into six parts. The first part is about criminal liability of legal persons in general. It provides a quick historical evaluation and analysis of the term criminal liability of legal persons itself, then it is focused on the ZTOPO. The second part is focused on compliance program with regard to its function, preferable content and relevant case law. The third and fourth part is the core of this diploma thesis. The third part solely focuses on sanctioning of legal entities under the ZTOPO. It separately describes every sanction that could be imposed under the law and focuses on the deficits of the legislation. The fourth part describes the criminal liability of legal persons in France, Germany and Austria and thus provides international comparison with the...
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The crime of pimping under Section 189 of the Criminal Code
Imre, David ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
§ 189 zákona č. 40/2009 Sb. Trestní zákoník - pimping Abstrakt The diploma thesis is devoted to the crime of pimping under Section 189 of Act No. 40/2009 Coll. of the Criminal Code. The first part of the thesis defines the concept of prostitution, the reasons why prostitution is a sociopathological phenomenon and the different types of ways in which the legal systems react to prostitution. Subsequently, the historical development of the legal regulation of prostitution in the Czech Republic since the establishment of the Czechoslovak Republic is described. Then, the facts of the crime of pimping under the current legislation are analysed in detail, where the individual terms used in the basic facts of this crime and in its individual qualified facts are explained with the help of case law and doctrine. Furthermore, the possibilities of a single-act concurrence with other offences contained in the Criminal Code are discussed, namely with the offence of trafficking in human beings under Section 168 of the Criminal Code, the offence of rape under Section 185 of the Criminal Code, the offence of sexual coercion under Section 186 of the Criminal Code, the offence of enticement to sexual intercourse pursuant to Section 202 of the Criminal Code and the offence of endangering the upbringing of a child pursuant to...
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The issue of synthetic drugs in Czech criminal law
Baloun, Ondřej ; Beranová, Andrea (advisor) ; Bohuslav, Lukáš (referee)
anglickém jazyce The inner functioning of human nervous system allows for changes in states of mind after a consumption of specific substances. It is well known that these changes have an impact on the health of a consumer, be it acute or chronic. The undesirable effects are multiplied, if the consumption grows in scale to a society-wide issue and is not properly addressed. Any health damage is followed by social effects that endanger the cohesion of a society. States reacted to this development by a wave of drug regulation, be it their consumption or distribution, through international and domestic legal instruments. This approach is at present time unable to tackle the problem of so called "synthetic drugs". Synthetic drugs are unregulated chemical analogs of illegal drugs. They offer to users' effects very similar to conventional drugs, only without legal barriers and at a fraction of a price. The dangers of synthetic drugs are twofold. Not only are they more accessible to users, but they are also exponentially more dangerous and unpredictable. Dozens of new substances appear in the European market without their effects on human body being studied previously. Czech Republic has tools with which it regulates new synthetic drugs. This process is however often at odds with constitutionally guaranteed...
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Tolerable risk
Müller, Petr ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
1 Tolerable risk Abstract The theme of this diploma thesis is a tolerable risk (or allowable risk) as one of the circumstances excluding illegality in the Czech criminal law. The introductory chapter is devoted to the general principles of the circumstances excluding illegality, related institutes and to the ultima ratio principle meaning that criminal liability is a last resort. Furthermore, the individual circumstances excluding illegality and their mutual relations are examined, as we can observe similar or even identical building blocks between the circumstances definitions, which make them very similar to each other so that lay people are sometimes unable to distinguish them from one another. The following chapter deals with the tolerable risk itself - its history in Czechoslovakia and later Czechia until its explicit inclusion in the Criminal code from 2009, analysis of the current legal definition and details of individual elements that the Criminal code requires for undertaking a risk. It is also compared with foreign countries (Slovak and Polish) law, as these two states penal codes include similar articles about tolerable risk. Finally, the thesis deals with two specific fields of human activity which are frequently associated with tolerable risk - sport and health care. Pointed out are their...
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