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The issue of concept of criminal custody
Bělecký, Jan ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
59 8 Abstract - The issue of concept of criminal custody My diploma thesis deals with the criminal custody. It is an indispensable part of criminal process where personal freedom comes in a conflict with the effectivity of prosecution. Accused people are taken into custody before there is a decision on the matter and therefor the application of presumption of innocence is limited. Even though custody is not a punishment it can have very severe impacts on the accused person coming close to the impact of an actual punishment. The first part of the diploma thesis deals with the historical course beginning in the pre-hussite era until the present day. Second part obtains a brief explanation of what the term criminal custody means. The third part contains detailed characterization of the criminal custody reasons, strengthened criminal custody reasons and surrogate measures as well. The fourth part concerns about the rules of who is authorized to decide if an accused person is taken into criminal custody, the maximum length of the criminal custody, revisions of criminal custody legitimacy and decisions about further criminal custody duration. The diploma thesis should be able to describe the basic rules concerning the criminal custody.
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Participation of a defense attorney in preliminary procedure
Dvořáčková, Eva ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The right to have the assistance of defense attorney and to consult with him the way of defense is a part of the right of defense - a basic right in democratic countries, which is expressed in article 40 of Charter of Fundamental Rights and Basic Freedoms and also in various international treaties. The function of defense attorney in the criminal proceedings is irreplaceable. He provides legal aid though all stages of criminal procedure, but I concentrate on his role in preliminary procedure. The defense attorney defends his client from the beginning of criminal prosecution, but advocate can render help even before the criminal prosecution starts, during providing explanation. A right of defense attorney to search out evidence, present evidence and put it forward belongs among the means, which a defense attorney can use to defend his client and affect the course of criminal proceeding. Another right of defense attorney is to participate in the investigative act and the right to see the criminal file. Other rights of the defense counsel are listed in §41 of the criminal procedure code. My thesis is divided into six chapters. The first chapter deals with the right of fair trial and a right of defense. The following chapters describe preliminary procedure and the role of defense attorney in particular forms of...
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Felony illegal production and other handling of narcotic an psychotropic substances and poisons § 283 criminal law - current topics
Novák, František ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
This thesis deals with the topic that is related to drugs. This problem is quite broad content, it can accommodate several respects. The author chose a certain part, namely the crime of unauthorized production and other handling of narcotic and psychotropic substances and poisons under § 283 of the Criminal Code, in the context of the current situation. The theme of the drugs problem was processed in many dissertations, but it should be noted, has continued to discover new knowledge and to change trends in the drug scene. The work consists of seven separate chapters. The first chapter introduces the reader to the issue, which is related to drugs and also defines the basic concepts relating to drugs and drug-related crime. This chapter is important for understanding the following chapters. The second part of the introductory chapter describes the division of drugs and about each group is given basic information. The second chapter provides a history of the legislation related to drugs from Austro- Hungary until the present. The author dealt with national legislation and put the emphasis on the adjustment the factsof the case of unauthorized production and other handling of narcotic and psychotropic substances and poisons under § 283 of the Act no. 40/2009 Coll .. Analysis of the current situation in...
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Self-defense - Comparison of Czech Law with the Model Penal Code of the United States and Common Law
Hofmanová, Štěpánka ; Bohuslav, Lukáš (referee)
This thesis aims to define the differences between the concept of self-defense under the criminal law of the Czech Republic and the United States of America, to assess their practical implications and propose possible recommendations de lege ferenda for the Czech legislation. Within the United States, the thesis further distinguishes between the concept of self-defense under the common law and the so-called Model Criminal Code, which together with the common law represents one of the most important sources of US criminal law. The thesis first compares the differences between the Continental and Anglo-American legal system, from which the respective national legal systems derive. Next part of the thesis further characterizes the Czech and American legal system, especially with regard to the status of criminal law and the role of jurisprudence within it. Particular attention is paid to the division of US legal system into federal and state, and the related issues of the organization of the judiciary and the system of precedents between various judicial bodies. This part then further introduces the aforementioned Model Criminal Code, which presents a compilation of the views of high-profile experts in the field of criminal law regarding the ideal form of criminal substantive law in the United States....
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Manipulation with the course or with the result of sports competitions and its criminal law assessment
Woska, Jan ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Manipulation with the course or with the result of sports competitions and its criminal law assessment Presented thesis is concerned with the issue of manipulation of sports competitions. It's pivotal task is to evaluate whether current criminal law legislation provides effective provisions for the prosecution of those who manipulate with the course or with the final outcome of sports events. Although this negative phenomenon is not utterly new, in fact some of its forms are almost as old as the sport itself, in recent years the severity of this threat has grown rapidly. Modern era has opened up a wide range of brand new possibilities for fixers while sports associations and states were simply unprepared for such peril. Especially betting-motivated manipulation of sports competitions, thanks to its global nature and involvement of betting criminal organizations poses a serious challenge for law enforcement agencies. Furthermore, throughout the thesis the author puts forward an examples demonstrating the permanent presence of another elemental form of manipulation in sports environment - the one which is motivated by achieving of sports results. Although forms of manipulation in sport may differ, what they have in common is that usually all of them represents the threat not only to the integrity of...
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Legal aspects of the indoor production of liquors and certified distillation
Kutěj, Vladislav ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Legal aspects of the indoor production of liquors and certified distillation The author analyzes all possible crimes, which can be comitted in the indoor production of liquors or during certified distillation. Firstly, he defines key terms and provides the sources important for the field of liquor production, provides information about history of liquors making and explains how the certified distillation works. The thesis also includes the author's own definition of yet undefined legal concept of the indoor liquor production. In the section devoted to the analysis of individual crimes, the author first looks at the offense of illegal production of alcohol, which has been excluded from the criminal Code. The recent health crisis in Czech republic called Methanol affair is described in the thesis as well with connection to indoor production of liquors and certified distillation. The part about the Methanol affair also describes why the crisis happened and what were the consequences for people living in Czech republic (prohibition, death of many citizens, injuries etc.) Detailed examination in relation to the indoor production of liquors and certified distillation is provided to crimes against life and health, economic crimes and to generally dangerous crimes. During the indoor production of liquors or...
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The issue of the concept of criminal custody
Beňák, Ondrej ; Hořák, Jaromír (advisor) ; Bohuslav, Lukáš (referee)
The thesis deals with the issues of pre-trial detention in the criminal procedure of the Czech Republic. It comprises and compares opinions voiced by various scholars, high courts and myself. The thesis also includes a section about the rules of pre-trial detention in the American federal criminal procedure and compares it with the Czech system. The first part of the thesis is the Introduction, in which the goals of the thesis are set out. The second part is the main part of the thesis and it is divided into five chapters. The first chapter consists of a general description of pre-trial detention in the Czech Republic and the principles that govern it. The second part is called Formal Rules of Pre-Trial Detention, and it deals with the issues of competence, court procedure and decision-making. The third chapter is where the focus point of the thesis lies, as it investigates the conditions of ordering a pre-trial detention of a person and adresses the numerous problems that arise in this area. The fourth chapter describes the conditions for pre-trial release of an accused person, including the legislative changes recetly made in this area. The fifth chapter explores the American federal criminal procedure and compares it with the Czech criminal procedure. It also includes American scholars'...
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Protection of victims of crime
Fürychová, Michaela ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
This thesis deals with the topic of protection of victims of crime. The topic is quite broad therefore the main focus is at the assistance for victims of crime and forms of such assistance. The thesis is divided into three main parts which are further divided into chapters and subchapters. The first part is concerned with victimology in general. It contains four chapters. First chapter describes the science of victimology. The knowledge of basic principles of victimology is fundamental for further understanding of the topic of crime victims. Brief overview of the evolution of victimology is also mentioned. The second chapter defines the basic concepts of victimology, such as the term victim, victimity, harm and factors that influence the extent of the harm caused by a crime to the victim. The third chapter is closely focused on the process of victimization and its specific issues. It contains more detailed subchapters on primary, secondary, terciary victimization and on repeated victimization. The fourth chapter concludes this part. It is concerned with sources of information about crime victims that are available. Particularly it deals with official statistics and victimology researches and studies. The second part is contained in chapter number five and its subchapters. Its main focus is on...
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Crime of fraud, credit and loan fraud pursuant to section 209, 210, 211 and 212 of the Criminal Code
Votava, Petr ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Crime of fraud, credit and loan fraud pursuant to section 209,210, 211 and 212 of the Criminal Code Criminal code, No. 40/2009 Coll., contains the criminal offence of a fraud (Section 209) and it's special cases such as the insurance (Section 210), loan (Section 211) and subsidy fraud (Section 212), in total of four separate offences dealing with fraudulent deliquency. The author of the thesis deals with the characterization of facts of fraud. Property fraud (Section 209) is a damage crime, but the special forms of fraud have features of pre-accomplished crime (preparation of crime). Fraudster's criminal liability for insurance, loan or subsidy fraud is rather larger than criminal liability for general type of fraud. Analysis of the judicial decisions of the Supreme Court and the Constitutional Court of the Czech republic is one part of the diploma thesis. From the results of the analysis the author concludes that there is a personal criminal liability for fraud when the perpetrator sues for a fake debt. This kind of deceptive activity is an attempt of crime of the fraud. The difference between special type of fraud (insurance, loan or subsidy Sec. 210 - 212 Criminal code) and general fraud (Sec. 209 Criminal code) is evident also in the level of evidence. Culpability of fraud must comprise of the intent to...
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Regulation of prostitution and the relating criminal aspects
Kokešová, Alžběta ; Bohuslav, Lukáš (advisor) ; Gřivna, Tomáš (referee)
Prostitution is not criminalised in the legal order of the Czech Republic, nor are the legal conditions for its practising regulated by law. Due to this approach the Czech Republic follow the abolitionist model of regulation of prostitution, which is based on penalizing the negative aspects related to prostitution, especially the criminality committed in relation to its providing, and endangering the public order, morals and health. The sole practising of prostitution is left without legal regulation and remains unresolved. This should be changed by the draft on regulation of prostitution, which is built upon the concept of regulating the prostitution as a legal business. This thesis deals with two basic sets of questions. First being the issue of regulation of prostitution and the conditions for its practising, second is the criminal law aspects of this phenomenon. The thesis is divided into seven parts according to its content. The first four parts offer the theoretical basis for the core of the thesis, which are parts five and six. Those are devoted to the mentioned basic questions. The first part characterises the nature of prostitution and offers its definition derived from the case-law. The second part gives the overview of different forms that the prostitution can acquire according to the...
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