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The Crime of Murder of a Newborn Child by the Mother
Konečná, Eliška ; Krupička, Jiří (advisor) ; Šelleng, Dalibor (referee)
The Crime of Murder of a Newborn Child by the Mother Abstract The topic of this diploma thesis is the crime of murder of a newborn child by the mother. In the first part of the thesis, the author deals with a historical excursion in the Czech lands from the 16th century until the end of the 20th century. The chapter maps the development of the regulation from early modern laws to the current Criminal Code and reflects the influence of previous regulations on the current form of this crime. The work also deals with criminological aspects of this issue in the 16th-19th century. The second chapter focuses on the individual elements of § 142 of the Criminal Code, ie. object, actus reus, subject and mens rea of this crime. The author discusses here, for example, the definition of the time when the crime of murdering a newborn child by a mother can be committed. It also addresses the issue of committing this crime in an omissive manner and the pitfalls associated with proving intent in such cases. The following chapter deals with the developmental stages of this crime and the author discusses mainly the attempt of this crime, with emphasis on the circumstances of the cessation of criminality of the attempt and the attempt on an unfit object of an attack. The fourth chapter of this work is devoted to prevention....
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Non-criminal competence of public prosecution and its utilization in criminal proceedings with focus on economic crimes
Krůtová, Karolina ; Tejnská, Katarína (advisor) ; Šelleng, Dalibor (referee)
Non-criminal competence of public prosecution and its utilization in criminal proceedings with a focus on economic crimes Abstract This rigorous thesis focuses on the non-criminal competence of the public prosecutor's office and its interconnection with the criminal competence with a focus on bankruptcy crimes. The aim of this thesis was, on the one hand, to describe the content of the non-criminal competence of the public prosecution as a whole, the procedural position and legitimacy of the different levels of the public prosecution when participating in civil court proceedings and, on the other hand, to focus on the acquisition and use of knowledge gained from the non-criminal competence in criminal proceedings. Particular attention is then focused on activities of the regional prosecutor's office in the non-criminal area of law, its specific activities in this area and, in particular, on the knowledge obtained from the non-criminal activities of this part of the system and their use both for the ongoing criminal proceedings and for their examination in the criminal proceedings. The attention of the Regional Public Prosecutor's Office in obtaining knowledge from the non-criminal jurisdiction is focused in particular on bankruptcy offences and economic crime as a whole, and last but not least, the...
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The Concept of a Criminal Offence in the Czech Criminal Code
Herodesová, Lucie ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
The Concept of a Criminal Offence in the Czech Criminal Code Abstract The presented thesis deals with the matter of the concept and particularly of the conception of a criminal offence. Committing a criminal offence is an exclusive requirement for establishing criminal liability. Despite its significance for substantive and procedural criminal law, there are still both some academic and practical uncertainties concerning its conception in the criminal code in force. This thesis aims to thoroughly explore the conception of the criminal offence in the criminal code, starting from the basic theoretical questions, current legislation in force including its historical development and finally to highlight some legislative issues and its possible solutions through de lege ferenda proposals. The first chapter of this thesis concerns with the matter of defining basic concepts that the criminal offence is based on. It further deals with the theoretical models of conception and concept of the criminal offence that might be used by the legislator while creating the law and describes its strengths and weaknesses. Furthermore, it deals with its combinations. The next part of the thesis focuses on how the legal regulation of the concept and conception of a criminal offence evolved in modern codes of criminal law in our...
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Compensation for non-material damage in the event of injury and death in collateral proceedings
Regnerová, Eva ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
Compensation for non-material damage in the event of health injury and death in adhesive proceedings Abstract The topic of this diploma thesis is compensation for non-material damage in event of health injury and death in adhesive proceedings. This is a complex topic in which the provisions and principles of criminal and civil law intertwine. Adhesive proceedings are an institute of criminal procedural law that allows the injured party to recover damages, non-material damage and unjust enrichment during criminal proceedings without having to proceed in civil proceedings. Non-material damage is an institute of private law; when deciding on the amount of non-pecuniary damage, the court decides on the basis of private substantive legal provisions. The first part of the theis is focused on the position of the injured party in criminal proceedings. The thesis first defines the position of the injured party, his rights, the possibilities of his representation. The main emphasis is placed on the conditions for claiming the injured party's claim, so that for procedural reasons the injured party is not referred to civil proceedings. In the second part of the work, non-material damage is dealt with, first in case of personal injury, in the next part in case of death. In both of these separate chapters, the current...
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Violent crime and its prevention
Valentová, Barbora ; Krupička, Jiří (advisor) ; Šelleng, Dalibor (referee)
Violent crime and its prevention Abstract Violent crime has been a part of our society since its inception. Nevertheless, just like our society, it keeps changing and evolving and for that reason its research remains relevant. As violent crime raises serious concerns for one's safety, the police, the media and the public pay close attention to it. The topic of violent crime is very extensive and it is difficult to grasp within the limited scope of the diploma thesis. With regard to this fact, the aim of this diploma thesis is to provide in six chapters at least a basic overview not only of violent crime, but also its prevention. The first chapter explains the concepts related to violent crime, and the attached overview table also lists the crimes that are classified as a violent crime. The second chapter provides information, based on the analysis of data from police statistics, on the share of violent crime in the total crime numbers, the state of violent crime in individual regions and throughout the Czech Republic and the structure of violent crime in 2020. It also discusses the development and evolution of violent crime up until 2020. The third chapter deals with the characteristics of violent crime with emphasis on the crime of robbery, its typology and international comparison. The fourth chapter...
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Alternatives to unconditional sentence of imprisonment
Sadecká, Aneta ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
Alternatives to unconditional sentence of imprisonment Abstract This Master's thesis deals with the topic of alternatives to unconditional sentence of imprisonment whose purpose is to eliminate negative consequences associated with imprisonment. The thesis consists of an introduction, nine chapters and a conclusion. The first chapter is dedicated to punishment itself as a term, its purpose and functions and its elementary principles. The second one deals with penal system, sentencing and hierarchy of penalties as well as history of this topic and even an evolution of imprisonment. Furthermore, this chapter gives an insight into the penal policy, its development and individual elements which has an impact on its adjustment and functioning. These chapters are cornerstone for the rest of the thesis. The aim of the fourth chapter is the evaluation of all negative impacts of unconditional sentence of imprisonment on both the prisoners and society. It also evaluates significant economic consequences. The fifth chapter is centered on definition of both substantive and procedural alternative measures and activities of the Probation and Mediation Service which are crucial to alternative sentences enforcement. The sixth chapter is devoted to a complex analysis of essence of alternative measures also focuses on their...
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The problems of judicial expertise in criminal proceedings
Chmel, Jan ; Krupička, Jiří (advisor) ; Šelleng, Dalibor (referee)
The problems of judicial expertise in criminal proceedings Abstract Judicial Expertise is a substantial and irreplaceable part of criminal proceedings. It's legal regulation is required to fulfil high demands. Firstly, it must provide an effective platform for usage of expert evidence in criminal proceedings. Secondly, it ought to ensure that experts provide quality outcomes in compliance with lege artis. Thirdly, it should offer satisfying conditions for expert's activities. This thesis selects a few of the current issues originating from aforementioned requirements. It analyses their origin and evaluates how the Czech legal regulation solves them. At first, the thesis defines fundamental institutes which create a base for an expert's function in criminal proceedings. Subsequently, it offers an overview of statutory regulation of judicial expertise in criminal proceedings. It deals with both special regulation in criminal law and general regulation of Act No. 254/2019 Sb., on judicial experts, expert offices and expert institutes, together with relevant ordinances. Chapter three deals with legislative changes in the field of judicial experts effective from 1st January 2021. It focuses on new experts appointing, remuneration and supervision of experts' activities. It analyses and compares how these issues...
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An injured party and a victim of crime
Kadeřávková, Martina ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
An injured party and a victim of crime Abstract This master's thesis deals with the legal status of the injured party and the victim of a crime. The aim of this master's thesis is to describe the legal regulation of the victim and injured party in the Czech Republic, to draw attention to its shortcomings and to present proposals de lege ferenda. The author uses a descriptive method and critical analysis. The first and seventh chapters also contain a comparison with foreign legislation. The master's thesis is composed of the introduction, eight chapters and the end. The first half of this master's thesis deals with crime victims. The first chapter deals with the general definition of the victim of crime. It also mentions the importance of the victim to criminal law. The next chapter is focused on victimology and its elemental terms. The third chapter includes legal regulation in the Czech Republic. The author deals with situation before the Act 45/2013 Coll., the Victims of Crime Bill, its executive legal regulations and Act 59/2017 Coll. The fourth chapter discusses in detail the rights of victims: the right to professional assistance, the right to information, the right to protection from imminent danger, the right to privacy, the right to protection from secondary harm and the right to financial...
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An injured party in criminal proceedings and his protection
Králová, Kateřina ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
An injured party in criminal proceedings and his protection Abstract This diploma thesis is focused on the topic of the injured party in criminal proceedings and its protection. The thesis provides explanation of the term of injured party including both positive and negative definitions, enumerates its granted rights. In the following chapters, the author describes other related institutes and provides a critical view on current legislation while proposing relevant changes. The thesis is divided into six chapters. At first, the term of the injured party is defined in the context of current legislation. This part is introduced with a brief summary of historical development of the term in context of legislation within our territory. In the following chapter, it continues with introducing the term of victim of a crime, which is closely related to the term of injured party. Both of these terms are compared to each other and it is emphasized that they are not hiearchical and cannot be used interchangeably. Subsequently, enumeration of procedural rights that the criminal code grants to the injured party is provided. Specific legislation related to granting of consent to prosecute by the injured party is examined. The procedural rights are categorized based on whether the criminal code grants a specific right to...
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The crimes against human dignity in sexual area - criminal and criminological aspects
Mrázková, Barbora ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
The crimes against human dignity in sexual area - criminal and criminological aspects Abstract: The thesis deals with those crimes that affect the most intimate area of human life, the sexual area. It analyzes those crimes from a criminal point of view and compares the current Czech legislation with the legislation in Spain. Based on this comparison, the thesis contains several considerations de lege ferenda, which could improve the current Czech legislation. As the chosen topic is strongly affected by forensic science and criminology, the thesis also deals with sexual crimes from the point of view of these scientific disciplines. From a criminological point of view, the thesis examines the personality of the perpetrator and the victim. With regard to perpetrators, it deals primarily with the motives, motivations and typology of perpetrators in general. In relation to victims the thesis finds out, in particular, how committing these crimes affects their lives (including secondary victimization) and deals with their position from a procedural point of view. In the part dealing with forensic science this thesis describes the specifics associated with the investigation of this type of crimes. In order to determine whether these procedures are effective, the first part contains statistical reports showing...
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