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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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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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Assisted suicide in the perspective of the Czech criminal law and a comparison with the common law
Kosinková, Karolína ; Vokoun, Rudolf (advisor) ; Mulák, Jiří (referee)
Assisted suicide in the perspective of the Czech criminal law and a comparison with the common law Abstract The strict prohibition on assisted suicide does not reach full acceptance among the members of the Czech society, regardless of their professional or non-professional background, similarly as it did not reach full acceptance in some of the common law countries, which consequently departed or are soon to depart from this regulatory conception. The objective of the two so far proposed Czech bills was identical, however, owing to the lack of clarity and detail, which certainly did not amount to the seriousness of the issue they aimed to regulate, none of them was successful. Hence, the legislative works were recommenced last year and resulted in the third bill, which claimed to be much more elaborative on the key issues and accordingly precise in the usage of language. Although the bill has not been introduced yet, the assumptions based not only on the territorial proximity are, that its prime source of inspiration resided mostly in the permissive regulatory attitude towards assisted suicide (or voluntary, active and intentional, euthanasia) as implemented in the European countries. However, notwithstanding the utter differences in the conception of the common law legal system, especially for such...
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Crimes Against Family and Children - Criminal and Criminological Aspects
Josieková, Vladislava ; Mulák, Jiří (advisor) ; Beranová, Andrea (referee)
Crimes Against Family and Children - Criminal and Criminological Aspects This thesis gives an expert and comprehensive interpretation of the issue of crimes against the family and children as a whole and examines these crimes from both the criminal and criminological points of view, providing the reader with an interpretation beyond the definitions provided by textbooks or commentary literature. In order to achieve these objectives, the work is divided into four chapters. The first chapter deals with the establishment of special protection of family and children in the legal order of the Czech Republic and its development, not only with regard to criminal law protection, but also on the matter of protection of children, and family in the field of international law, as well as national protection already guaranteed by the Charter of Fundamental Rights and Freedoms of the Czech Republic. The second chapter of this thesis is divided chronologically into nine parts, which are named after the individual crimes contained in Title IV of the Criminal Code. The interpretation focuses on the analysis of the central concepts necessary to understand the issue of the offence in question, and the individual offences are examined in particular with regard to the characteristics of the facts of the individual...
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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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