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The issue of victims of sexual offences and their protection through criminal law
Kubištová, Adéla ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
The issue of victims of sexual offences and their protection through criminal law Abstract The theme of this diploma thesis refers to the issue of victims of sexual offences and their protection through criminal law. This thesis aims to theoretically analyse this issue, describe the specifics of the victimisation process, and focus on protecting victims of sexual offences through criminal law. The author also asks in the introduction why these victims are victimised by so many. It also evaluates the legislation in selected areas and suggests possible changes in the legislation. The thesis itself is divided into six chapters, each of which deals with different aspects of this theme. The first chapter deals with the current legislation on selected crimes of rape, sexual abuse and sexual coercion. The author also discusses the degree of their latency, which is relatively high in crimes against human dignity in the sexual field. The second chapter defines the various concepts related to the issue of victims of sexual offences. These are terms such as victim, particularly vulnerable victim or false victim. Furthermore, the so-called victimity and victimogenic situation and factors are defined here. The conclusion of this chapter is devoted to the description of the relationship between the perpetrator of a...
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Participation
Kotrnoch, Filip ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
v anglickém jazyce The diploma thesis analyzes the institute of participation and focuses on his legal regulation in the Czech republic. Participation is indoubtedly one of the most complicated institute of the criminal law and the legal regulation can be approached in many ways. To find a suitable way of legal regulation is prerequisite to comply with basic principles of criminal law - to protect society from crime. The aim of the diploma thesis is to provide the reader insight into current legal regulation, to draw attention to its shortcomings and to suggest suitable solutions for future legislation. The diploma thesis is divided into for chapters. The first chapter firstly deals with the interpretation of basic terms that are closely related to participation. It also attends to define the term of participation and to analysis two base approaches to the regulation of participation - monistic and dualistic systems. As a part of the analysis of these approaches, a brief excursion into the legal regulation of participation in Germany, Switzerland, Slovakia, Austria and Italy is offered. The second chapter focuses on the legal regulation of participation in Czech republic. It firstly clarifies the principle of accessority as the guiding principle of participation, which results from the application...
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The Crime of Money Laundering under the Czech Criminal Codex Abstract in English
Jüttner, Jakub ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
1 The Crime of Money Laundering under the Czech Criminal Codex Abstract in English The diploma thesis aims to analyse the phenomenon of money laundering, i. e. activity the purpose of which is to cover the proceeds of crime. The thesis mainly focuses on the crime of money laundering in the Czech Criminal Code, respectively for the crime of legalization of proceeds under the provisions of Section 216 (2) and Section 217 (1) of the Criminal Code. Part of the thesis is also an analysis of the issue of so-called profits from unidentifiable sources. In the first chapter, the reader will find an explanation of basic terminology and principles. The first chapter is also accompanied by basic criminological data on money laundering in the Czech Republic. The following chapter deals with money laundering as a current phenomenon. In this chapter, the thesis discusses the concept of money laundering, the origin of money laundering, the features and stages of money laundering, the consequences and effects of the proceeds of crime, as well as the perpetrator of money laundering. The third chapter discusses the current legislation on money laundering, both criminal and non-criminal, which has also huge importance, also national, European, and international. The fourth chapter is devoted to the analysis of the crime of...
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Imposing Punishments in Czech and Polish Legislations
Pustówka, Urszula ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Imposing Punishments in Czech and Polish Legislations Abstract The comparison of the legal systems of individual states is an important source of inspiration for the further development of legislation. In my work I compare the legal regulation of punishments in the Czech Republic and in Poland, namely those of them which both Czech and Polish legal systems refer to as punishments. These are Czech fines, community service, imprisonment, and an exceptional sentence together with their Polish equivalents. The aim of the thesis is to find inspiration and stimuli for de lege ferenda considerations for further development of Czech criminal law by comparing Czech and Polish regulation of punishments, as well as the types of punishments most often imposed by courts in both countries. In the first part of the work I deal with the systems of criminal sanctions in both states in order to introduce the context for the subsequently analysed punishments. Furthermore, each part is devoted to one type of punishment and a comparison of its regulation in the Czech Republic and Poland. The second part is devoted to the Czech fine and the Polish sentence of grzywna, the third part to the Czech community service and the Polish sentence of imprisonment, the fourth part is related to the regulation of imprisonment, and the fifth...
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Participation
Lindnerová, Adéla ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Participation Abstract The aim of this diploma thesis is especially to identify the advantages and disadvantages of individual approaches to regulation of participation, to set out the main attributes of participation in the Czech criminal law, including its main deficiencies, and to present possible inspiring solutions for their elimination by presenting a different model of regulation abroad. Participation as one of the forms of criminal collaboration is approached slightly differently by each legislation. However, the legislations usually agree that the participant's actions must be punished in a certain way. Although the participant does not partake in the fulfillment of the constituent elements of the crime by its own actions, its influence on the crime itself may be significant. The reason for choosing this topic is mainly the still unresolved situation regarding the institute of participation in the Czech Criminal Code and a large amount of criticism of the current regulation. Although the Criminal Code was newly adopted in 2009 and the possibility of correcting the deficiencies of the participation was obvious, professional discussions did not take place, and in the end a regulation that to a certain extent copied the previous criticized one, was adopted. In addition to the introduction and...
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Criminal Proceedings against Legal Entities
Košňar, Václav ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Criminal proceedings against legal entities Abstract Regarding the character of a legal entity as a fiction, criminal proceedings against legal entities differ in many ways in comparison with standard criminal proceedings against a natural person. The aim of this work is to analyze certain specific institutes, whose interpretation and application is problematic with respect to the interweaving of the procedural regulation contained in Act No. 418/2011 Coll. on penal liability of legal entities and proceedings against them, with the classic regulation contained in the Criminal Procedure Act. This thesis is divided into two main parts. The theoretical one, which serves as the introduction of the whole work, briefly discusses traditional topics related to the substance of penal liability of legal entities, i.e. reasons for its adoption, its concept, its sources and legislation, including their ongoing changes. The merit of the work is, however, its special part, which in six chapters deals with specific institutes and issues of criminal proceedings against legal entities. Gradually, in the special part of this thesis, the issue of the representation of a legal entity in proceedings is analyzed and individual subject that can perform acts on behalf of a legal entity in criminal proceedings are discussed....
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Criminal Liability of Legal Entities in Health Care
Kováčiková, Veronika ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Criminal Liability of Legal Entities in Health Care Abstract The submitted diploma thesis deals with the institute of criminal liability of legal entities in health care. The main objective of this thesis is to define all the requirements and essential elements of criminal responsibility of legal persons, especially healthcare providers. We also look into the most critical aspects of providing healthcare services in which a criminal offense may be committed. Concepts of criminal law are considered in the context of medical law. Thesis is divided into five main chapters. The first chapter focuses on conditions of criminal liability taking into account the specifics of the topic. Attention will also be paid to attributability of a crime to a legal person as well as to legal regulation in United Kingdom and France. In the second chapter we describe the most common circumstances excluding illegality in medicine. We particularly focus on medical intervention, research and experiment. These are not only accepted but also beneficial. The third chapter deals with the main concepts of medical law. If healthcare providers comply with related legal provisions, they significantly reduce the risk of committing an act against the law. Special emphasis is placed on lege artis procedure as an objective measurement of...
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Criminological aspects of criminality of foreigners
Špůrková, Adéla ; Říha, Jiří (advisor) ; Hořák, Jaromír (referee)
Criminological aspects of criminality of foreigners This diploma thesis deals with the criminality of foreigners in the Czech Republic. With the development of globalisation, easier and more accessible mobility of people, but also due to war conflicts or poverty, there is naturally an increased migration of people, which brings with it, among other things, security consequences. Being a foreigner in another country has its own specifics, the most significant of which include minority status, different lifestyles, values, opinions, behaviours and customs. These and many other differences may or may not be criminogenic factors leading to foreigners committing crime. Since this is a very comprehensive topic, which cannot be fully described in one thesis, the aim of the thesis is to analyse the current state of criminality of foreigners in the Czech Republic, to define specific crimes of foreigners, which are among the most frequently clarified and to answer the question whether the crime of foreigners in our territory is increasing or decreasing. Attention is also paid to the phenomenon of organised crime of foreigners and crime related to illegal migration. The diploma thesis is systematically divided into five chapters. The first chapter is devoted to migration in general, mainly the definition of...
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Crime of Murder and Manslaughter under Section 140 and 141 of The Criminal Code
Klíč, Jakub ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
- Crime of Murder and Manslaughter under Section 140 and 141 of The Criminal Code This master thesis aims to analyse the crimes of murder and manslaughter which are regulated under section 140 and 141 of the Czech Criminal Code. The thesis consists of six parts, which are further subdivided into chapters. The main topics of the particular parts are these: historical development, human life, euthanasia, murder, manslaughter, and comparison with Slovakia. The thesis is intended to provide the reader with a comprehensive and, simultaneously, a clear overview of the issue of intentional killings and the circumstances associated with them. An analysis of historical legislation is given in part one. It examines more closely the period of the Middle Ages and the Enlightenment, as well as the reform codifications of the 19th century. Subsequently, attention is focused on Czechoslovakia, analyzing the adjustment effective in the times of its establishment as well as during the totalitarian regime. The conclusion of the historical excursion is the present situation. The second part deals with human life, the protected object from these offences. Chapter one describes its inception, from the medical point of view (such as the fusion of male and female reproductive cells and the formation of the zygote), and...
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The consequences of breaching the rules on evidence for the effectiveness of the evidence
Šverma, Patrik ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
1 The consequences of breaching the rules on evidence for the effectiveness of the evidence Abstract This diploma thesis deals with the issue of ineffectiveness of evidence in connection with the violation of rules on evidence. One of the two main goals of this work was to acquaint the reader with the issue, especially with the help of analysis of current legislation, the views of leading experts in criminal science and also a rich case law of the courts. The second main goal was to propose a de lege ferenda solution that could contribute to solving the most pressing problems of the current legislation. The diploma thesis is divided into six parts, including the introduction and conclusion. The first chapter provides the reader with a theoretical basis for easier understanding of this issue. It explains the basic terminology occurring in the field of evidence and the basic sources of law that will accompany the reader throughout the thesis are introduced. There is also a detailed explanation of the basic principles of criminal proceedings concerning the evidence as whole. In addition, at the end of this chapter, the stages of criminal proceedings are mentioned with a brief description of their specifics with a regard to the evidence in these specific sections. The second chapter is devoted to the concepts...
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