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The concept of imputability of a crime to a legal entity
Němeček, Jakub ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
The submitted diploma thesis focuses on the area of criminal liability of legal entities, which is not only the most controversial area, but also represents the very core of the Act on criminal liability of legal entities. The aim of this work is a detailed analysis of the positive legal regulation of imputability of a crime to a legal entity, focusing on confrontation of provisions concerning the possibility of exculpation, especially section 8(5) of Act No. 418/2011 Coll., with the fundamental principles of substantive and procedural criminal law. Introducing the topic, the concept of legal entity is defined, then the arguments for and against the adoption of criminal liability of legal entities are presented, as well as models of criminal liability of legal entities. At the end of the first chapter, the issue of the scope of criminalization is analyzed. The second chapter is devoted to the positive condition of imputability of a crime to a legal entity. This includes not only the very structure of imputability, but also the individual persons whose acts can be imputated to the legal entity. Furthermore, the following chapter focuses on the negative condition of imputability, i.e., the exculpation, or non-imputation of the crime to a legal entity. The provision regulating exculpation is subject...
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The Right of Defence in the Criminal Proceedings and its Limits
Macháčková, Karolína ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
The Right of Defence in the Criminal Proceedings and its Limits Abstract The thesis deals with one of the fundamental human rights of a person againts whom the criminal proceeding is being conducted, namely the right of defence and its limits in the criminal proceedings in the Czech Republic, because only by exercising the right of defence as a partial element of the right to a fair trial, it is possible to achieve a fair and lawful decision in the matter. The first chapter of the thesis deals not only with the national legislation on the legal and constitutional level, but also with the enshrinement of the right of defence in the international human rights agreements, specifically in the European Convention of Human Rights and in the International Covenant on Civil and Political Rights, and in the regulations of the European Union. The next part of the thesis discusses the various components of the right of defence which include material defence, formal defence including the compulsory defence and the duty of the authorities participating in the criminal proceedings. The chapter is further supplemented by all important rights of the accused which can be exercised within the various stages of the criminal proceedings, including, for example the accused's right to comment on all facts which he is accused of,...
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The principle of contradictory in Criminal Proceedings
Michalčíková, Kristina ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
The principle of contradictory in Criminal Proceedings Abstract The diploma thesis deals with the principle of contradictory of criminal proceedings, its various concepts and characteristics, especially its practical manifestations in Czech criminal proceedings. The aim of the work is to provide an insight into possible concepts of this principle, an overview of individual contradictory elements in criminal proceedings and then to draw attention to those elements that rather weaken the principle of contradictory. The work is divided into four chapters. The first chapter deals with the definition of the principle of contradictory. It offers several possible conceptions of this principle presented mainly by Czech authors. The chapter also contains a selection from the case law of the European Court of Human Rights, which ranks the principle of contradictory among the foundations of the right to a fair trial. The case law of the Czech Constitutional Court, which defines principle of contradictory following the example of the Strasbourg court, also corresponds to this. Finally, the chapter deals with the enshrinement of the principle in the current Criminal Procedure Code, but mainly the role of the principle in recodification work on the new Criminal Procedure Code. Chapter two describes some contradictory...
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Basic principles of criminal proceedings and the right to a fair trial
Mulák, Jiří ; Jelínek, Jiří (advisor) ; Ivor, Jaroslav (referee) ; Gřivna, Tomáš (referee)
1 Basic principles of criminal proceedings and the right to a fair trial Abstract This dissertation deals with the basic principles of criminal proceedings from the point of view of the right to a fair trial. The basic principles of criminal proceedings are certain legal principles, the leading legal ideas underlying the criminal proceedings. They are a manifestation of a legal, political and legal philosophical approach to criminal proceedings. As a result, the basis on which the organization of criminal proceedings and the regulation of the activities of its bodies are built. They express the legislator's opinion on the most efficient organization of the criminal process. The meaning of the basic principles is mainly concentrated in their functions. The text of the thesis is divided into three major chapters, which are further divided into sub-capitals and sections. The second chapter is devoted to the conceptual definition of both the democratic state law and its attributes, the legal principle, and two basic models - the continental system and the adversary system. Then follows a chapter that deals in detail with the concept, meaning, functions and system of the fundamental principles of criminal proceedings. It also deals with exceptions to the basic principles, the classification, the nature of the...
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Criminal law protection of animals against cruelty and other inappropriate treatment
Kolář, Ondřej ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
Criminal law protection of animals against cruelty and other inappropriate treatment Abstract This diploma thesis deals with animal protection in the Czech Republic from perspective of criminal law as a legal instrument ultima ratio. Primary goal of this thesis is to analyse legal regulation in Act no. 40/2009 Coll., Penal Code, de lege lata and evaluate possibilities de lege ferenda. Within current legal regulation this thesis works with articles 302, 302a and 303 of Penal Code and the current legal regulation is compared with the previous one. Particural attention is dedicated to Act no. 114/2020 Coll., which established entirely new crime into the Czech legal system called Breeding Animals in Iappropriate Conditions and widened the listing of penalties stated in article 52 of Penal Code by penalty of prohibition of keeping and breeding animals. Particular novelties are analysed in detail and the thesis also responds to the most frequent arguments in favour and against passing the new legal regulation. Secondary goal of the thesis can be seen in sociological considerations and comparative studies. Diploma thesis consists of five chapters, which divide more minutely further. The first chapter introduces key concepts of animal protection area, mainly the term "animal". Fundamental terms are defined in...
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The imposition of penalties on the concurrence of crimes and recidivism
Havliš, Dominik ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
This diploma thesis is devoted to the issue of imposing penalties on the pluralistic criminal activity with the focus on the two main types, which are concurrence of crimes and recidivism. The main aim of the thesis is to analyze the means of penalisation of concurrent crimes and recidivism under the current legislation. In order for the analysis of these institutes to be complete, the thesis puts an emphasis on the summarization of the present criminal law theory which is always complemented by the relevant case law. Selected institutes are further compared firstly to the previous czech legislation, secondly to the criminial code of Germany with the objective to underline that both concurrence of crimes and recidivism must be not perceived separetely, but in the context of a local criminal law as a whole, namely with respect to a specific penalty system, a method of their imposition as well as their function. The thesis also refers to some interpretative and applicational problems of some particular provisions related to concurrence of crimes or recidivism. For this reason the thesis contains practical examples to illustratively demonstrate the prior explanation so it might be possibly used for practical application. Furthermore the thesis at least marginally addresses some current topics, which...
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Agreement on Gulit and Punishment
Soukup, Jan ; Vokoun, Rudolf (advisor) ; Mulák, Jiří (referee)
Agreement on guilt and punishment Abstract This rigorous thesis deals with the controversial institution of plea bargaining due to its topicality, as it has recently been amended. This institute was first introduced into the Czech legal system under Act No. 193/2012 Coll., which amended the Criminal Procedure Code. The institute was amended last year, for the first time since its existence, and the bulk of this thesis deals with the amendment itself. The thesis is divided into four chapters. The first chapter focuses on the historical development of the institution of the plea bargain. It Geuses not only on the Czech legislation, but gives also a brief introduction into foreign development, specifically from cocclusion of the supposed first agreement to the end of the 20th century. The foreign development is divided into the continental and Anglo-American legal system, where the emphasis is mainly on the historical development in the United States of America, where this institute is also the mudt established and used in more than 90% of cases, as one of the solutions to a court dispute. The second chapter focuses on the actual arguments for and against the introduction of the institution of plea bargaining. These arguments include mainly the opinions of experts and professionals from both and the Czech...
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Institutions in favorem defensionis
Kočka-Amort, Václav ; Gřivna, Tomáš (advisor) ; Mulák, Jiří (referee)
This thesis deals with the favores defensionis as a part of Czech criminal procedure. These institutes traditionally include, for example, prohibition of reformatio in peius, beneficium cohaesionis, the recurrence of a time-limit, the defendants's right of the last word, the order of closing arguments and some others. This topic is not typical for the Czech legal literature. There are some articles about specific institutes, but there is no law paper that would deal with the favores defensionis in general. The main aim of this thesis is to describe what the favores defensionis are, which form they take in the Czech law and how they should be regulated in the new Czech criminal procedure. The fundamental question of the thesis is whether the favores defensionis need recodification. The thesis is composed of seven chapters. The first four describe legal regulation de lege lata, the following three chapters discuss de lege ferenda. Chapter One describes the reflection of favores defensionis in the Czech legal literature and defines the concept of favor defensionis. Chapter Two characterises specific institutes which fall under the favores defensionis. Chapter Three focuses on the relationship between the favores defensionis and some of the basic principles of the Czech criminal procedure. Chapter Four...
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Criminal liability in sports
Vítů, Jan Robin ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
Criminal liability in sports Abstract Presented diploma thesis comprehensively deals with issues of criminal liability in sports, considering the expert literature, current legislation and uses current criminal case law. Attention is paid mainly to the issue of sports injuries, marginally also doping and corruption in sports. Thesis is divided into ten parts (including introduction and summary). Second part of the thesis is dedicated to the most significant historical approaches to legal liability of athletes. Third part of the thesis briefly outlines evolution of sports definition followed by sports demarcation in Czech legislation. This part also deals with sports law, which is the source of most doctrinal approaches in subject matter. The general relationship between sports and law is formulated in the fourth part. In this part, basic theories of the effect of law on sports are firstly discussed, followed by individual concepts of criminal liability in sports. The way how Czech criminal law affects the field of sport is also indicated in this part. Fifth part of the thesis is focused on sports rules. After defining the concept and distinguishing sports rules from legal norms, the meaning of sports rules from the point of view of criminal law is explained. The question of the multitude of responsibilities...
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Criminal Proceedings against Legal Entilities
Kajnová, Adéla ; Mulák, Jiří (referee)
This diploma thesis is focused on a comprehensive analysis of criminal proceedings against legal entities using Act No. 141/1961 Coll., On Criminal Procedure (Criminal Procedure Code) in combination with Act No. 418/2011 Coll., On Criminal Liability of Legal Entities and Proceedings against them. The adoption of Act No. 418/2011 Coll., On Criminal Liability of Legal Entities and Proceedings against them, introduced criminal liability of legal entities into the legal order of the Czech Republic since 1st January 2012 but the institute of criminal liability of legal entities is constantly evolving to respond to the needs of society. The diploma thesis is conceived from a procedural point of view with the current use of the substantive bases of the issue of criminal liability of legal entities. The thesis further explains important terms and outlines the development of criminal liability of legal entities in the Czech Republic. The aim of the thesis is to provide a comprehensive view of phases of criminal proceedings against legal entities and to evaluate selected problematic aspects of the legal regulation which are accordance with the interpretation of the professional public and with the developing jurisprudence of the domestic courts. The thesis is divided into five chapters. The first three are...
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