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Unconditional imprisonment
Šťastný, Michal ; Tejnská, Katarína (advisor) ; Jelínek, Jiří (referee)
This diploma thesis deals with the aspects of unconditional imprisonment. Unconditional imprisonment, as a term of criminal law, is the most severe punishment used in the Czech Republic, it is also a universal punishment that can be imposed for any crime. Imprisonment is executed in a prison with security, in a maximum-security prison, or in a special unit of remand prison. The rights and obligations of convicts are governed, in particular, by the Act on Imprisonment and Imprisonment Rules. Various educational programs and leisure activities, as well as the employment of the convicts, are carried out during the execution of the imprisonment. The institute of conditional release is an important instrument for the reduction of the prison population, yet it is underused. The prison problems are especially a high number of prisoners, overcrowded prisons, low financial literacy and high indebtedness of convicts, substance abuse problems, cumulative prison sentences and prisoners' pay-to-stay fees. The number of convicts per 100,000 citizens and recidivism rate are used to assess the effectiveness of unconditional imprisonment. The Czech Republic is one of the countries with a very high number of prisoners in Europe, as well as a high recidivism rate. Decreasing of these two factors can be achieved by...
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Crime of the tax reduction, charge and similar mandatory payments under § 240 of the Criminal Code
Fleková, Marta ; Pelc, Vladimír (advisor) ; Tejnská, Katarína (referee)
1 Abstract The diploma thesis deals with the problematics of tax evasion, charge and similar mandatory payments under § 240 of the Criminal Code. This crime is the most common and at the same time the most serious tax crime which is significant by high rate of latency. The aim of this thesis is to present complex overview of current tax fraud legislation problematics. Several parts of this thesis are dedicated to the basic features of tax fraud. Given by the high latency of tax fraud by which is tax fraud characterized and also by the fact that many of its forms of committing are not yet known, part of the work is devoted to ways how to reduce tax in relation to the most important taxes within the Czech tax system. That means in relation to income tax, VAT and excise tax. Some parts of this thesis deal with the general issues of developmental stages of a crime or its punishment, but always in relation to the crime of tax evasion, charge and similar mandatory payments. The thesis then focuses on current problems of the crime of tax evasion, charge and similar mandatory payments. These problems are the ne bis in dem principle, the nemo tenetur se ipsum accusare principle, the question of effective regret and tax optimization. The current problem of the ne bis in idem principle emerged from the decision of the...
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The position and role of public prosecutor in the preparatory criminal proceedings
Doležal, Daniel ; Tejnská, Katarína (advisor) ; Pelc, Vladimír (referee)
The Diploma thesis on The Position and Role of Public Prosecutor in the Preparatory Criminal Proceedings aims to give a comprehensive view of the public prosecutor's activities in this pre-trial stage of criminal proceedings. The public prosecutor has a completely dominant and irreplaceable role in it, which is fully reflected in the performance of supervision over the observance of the legality of the preparatory criminal proceedings. The public prosecutor bears full responsibility for the proper conduct of the preparatory criminal proceedings and supervisory authorizations represent an essential instrument by which the public prosecutor may exert influence and at the same time regulate the course of the preparatory criminal proceedings. Therefore, such authorizations are a crucial part of this Diploma thesis. The Diploma thesis is divided into three basic chapters and tries to follow the systematics of the Criminal Procedure Code. The first chapter deals with the historical development of public prosecution in our territory and also with the constitutional anchoring and organization of the public prosecutor's office in the Czech legal order. The current issue discussed in this section is an amendment to the Act on Public Prosecutor's Office which is being prepared now. It also introduces the...
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Criminal Law Instruments Against Organized Crime
Markvart, Tomáš ; Tejnská, Katarína (advisor) ; Pelc, Vladimír (referee)
Criminal Law Instruments Against Organized Crime Abstract This master's thesis elaborates an in-depth analysis of criminal law instruments used in a fight against organized crime. Given that organized crime, and criminal offences committed in an organized manner in general, represent one of the gravest forms of criminal behaviour, these legal institutes are of utmost importance in the contemporary debate on this topic, led by both scholars and the wider public. The first part of this thesis introduces the notion of organized crime. It further demonstrates the inherent difficulties in defining this notion and enumerates the different approaches that may be taken in respect of its classification. Lastly, it categorizes legal instruments the objective of which is to eradicate this phenomenon. The second part conducts a detailed examination of intensified criminal law repression of organised crime. In this respect, the thesis puts special emphasis on the intricacies associated with the punishment of offences perpetrated by an organized criminal group and their individual perpetrators. The third part of this work is dedicated to the concept of accomplice witness, crown witness, informant and to certain investigative instruments. The final part of this thesis is devoted to instruments used in relation to witness...
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The Question of Self-induced Insanity
Jechová, Veronika ; Tejnská, Katarína (referee)
The Question of Self-induced Insanity The aim of this thesis is to cover the question of self-induced insanity in its complexity. The thesis is divided into eleven chapters, in which this part of criminal law is analysed. The topic of criminal liability of insane offenders (even those insane due to their own conduct) represents an interesting part of criminal law. One of the main reasons is the fact that the solution to the problem of criminal liability of insane offenders can lead to the breach of one of the main principles of criminal law - the principle of culpability - on one hand, or to the failure of one of the main functions of the criminal law - the protection of society and its interest and values against the most dangerous conduct prohibited by the law - on the other. The text is concerned mainly with the current legal arrangement of self-induced insanity in the Czech Republic. The legal arrangement in effect adopted the theoretical concept of a special criminal offense and a full criminal liability for the actio libera in causa construction. These provisions deal with situations, where the offender through the voluntary application of addictive substances caused his own insanity and in this state committed an act which would constitute a crime were it not for the absence of the...
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The Crime of Money Laundering under Section 216 of the Czech Criminal Code
Wilsdorf, Jan Ondřej ; Tejnská, Katarína (referee)
The Crime of Money Laundering under Section 216 of the Czech Criminal Code Abstract The diploma thesis aims to examine the crime of legalization of proceeds of criminal activities in its narrower sense, i.e. the crime under S. 216 (2) of the Czech Criminal Code. This crime is referred to as "the crime of money laundering" throughout the thesis, as opposed to the crime of possession of stolen goods under S. 2016 (1) of the Czech Criminal Code. The opening chapter reviews the terminology used by Czech law. Then the thesis briefly addresses the phenomenon of money laundering in a broader context; this chapter also provides with statistics of criminal prosecutions for the named crime in the Czech Republic. In a separate chapter, the thesis names some of the most essential international documents adopted in the area of combating money laundering so far. The thesis then describes and evaluates the evolution of the crime of money laundering under Czech criminal law, namely regarding the respective amendments of the law. The following chapter then analyses the most significant elements of the crime of money laundering, and as such, it represents the centrepiece of the thesis. From this analysis, several important and disputed questions arise and are examined further. The thesis emphasizes e.g. the issue of...
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Criminal procedure in front of a single judge
Burak, Oleg ; Říha, Jiří (advisor) ; Tejnská, Katarína (referee)
Criminal procedure in front of a single judge Abstract The master thesis focuses on the legislation concerning criminal procedure in front of a single judge and its purpose is not only the description of all aspects of such criminal procedure but also the presentation of disputable questions and their answers. Another objective of the thesis is to identify inappropriate legislation and provide solutions in the form of de lege ferenda thoughts, including the provision of opinions as to future legislation. Based on methods of description, analysis and historical comparison, the master thesis provides a comprehensive view on the single judge, while using commented legislation, academic literature and case law. The first chapter closely describes the historical evolution of the role of the single judge from 1918 (respectively since 1873 as the Austrian-Hungarian legislation had been adapted) until today. The second chapter solves a problematic question whether the single judge can administer justice at a regional court or only at a county court. The following chapters focus on the core of the thesis, which is described in the next three chapters. The third chapter presents the very first actions of the single judge after the prosecution is delivered to him. The fourth chapter is dedicated to the criminal order...
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The Crime of Trafficking in human beings
Kučera, Václav ; Tejnská, Katarína (advisor) ; Beranová, Andrea (referee)
The aim of the thesis is to investigate the crime of Trafficking in human beings from the point of view of substantive criminal law in the Czech Republic, to analyze its weaknesses and propose their solution. The investigation should include an assessment of whether the Czech Republic's regulation is in line with international law obligations to criminalize this crime. In this work, compilation, legal-historical, analytical and general and legal interpretation methods are used. The first part is an introduction to the issue of human trafficking. This part introduces the subject of the social deviant phenomenon and points out the necessity of its perception in various, not only legal, fields. The following is a historical outline of the development of looking at human trafficking. In the second, fundamental part of the thesis, there is an analysis of the valid substantive criminal law, which deals with human trafficking. This hermeneutic-critical analysis serves to determine the problems that are proposed in the third part of the thesis. The work for quality analysis explores the historical basis of the legal regulation of the crime of trafficking in human beings. It also sets out the three most important sources of international law, which affect the current regulation and compares whether they are...
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Omissive Offences
Fridrichová, Alžběta ; Říha, Jiří (advisor) ; Tejnská, Katarína (referee)
1 Omissive offences Abstract This diploma thesis addresses the issue of omissive offences in the Czech criminal law with regard to the legislation of Germany. Given the little attention paid to this topic in the Czech Republic, the aim of this thesis is to provide the reader with a comprehensive view of the omission in Czech criminal law in the context of contemporary legal literature, case law, and relevant legislation, including critical review of the most controversial aspects of the current regulation. In the beginning, the thesis focuses on the characteristics of the offence and its individual features with an emphasis on the objective aspects of the offence, which is essential for determination of the form of action. This is followed by a detailed historical excursion into the antecedent legislation of omissions in our country, from the time of Austria- Hungary, to the unsuccessful efforts to reform the criminal law during the First Republic, followed by methodically elaborated criminal codes from the period of totalitarianism to the fine government draft of the Criminal Code from the turn of the millennium. The core of this thesis is the third chapter dealing with the valid regulation of omission and categorization of omissive offences to the authentic (genuine) and the inauthentic, while...
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Principle of legality and its application in criminal proceedings
Doušová, Anna ; Tejnská, Katarína (advisor) ; Pelc, Vladimír (referee)
Principle of legality and its application in criminal proceedings Abstract This diploma thesis focuses on the principle of legality and its application in criminal proceedings. Based on this principle, the prosecuting attorney is obliged to prosecute all crimes about which s/he learns unless the law or declared international treaties stipulate otherwise. It is one of the basic principles on which criminal proceedings in the Czech Republic are based. The introduction deals with the definition of the term "criminal proceedings" and its basic principles and their importance from the point of view of professionals in the field of criminal law. Next part of the thesis is devoted to the concept of the principle of legality in criminal codes valid on our territory from the year 1918 until today. It mainly concerns the changes in criminal proceedings and the motion of the principle of legality including the exceptions which were gradually introduced. The following chapter deals with the comparison of the principle of legality and the principle of opportunity and with other related principles on which the criminal proceedings are based. Special attention is paid to the application of the principle of legality in preliminary proceedings and breaching this principle in favour of the opportunity principle. Based on...
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