|
|
Wiretapping and recording of telecommunication traffic
Novotná, Eliška ; Galovcová, Ingrid (advisor) ; Šelleng, Dalibor (referee)
The thesis deals with wiretapping and recording of telecommunication traffic which is an indispensable instrument for law enforcement on one side, but on the other side nevertheless it intervenes in lives of wiretapped persons in a significant way. The first chapter of thesis focuses on the area of the right to privacy because to be able to assess whether the wiretaps are realized in accordance with the legislation or not, it is essential to know from a legal point of view what falls within the privacy of individuals, which single rights involve the term right to privacy, and so which rights are protected. In the following part, the term wiretapping and recording of telecommunication traffic is explained and the amendments of legislation of this institute are summarized. On the development of the amendments of legislation it can be observed the fostering of protection of right to privacy by/over time on the development of the amendments of legislation. The next part focuses on the issue of the wiretap warrant, specifically on the procedure leading up the wiretap warrant, its compulsory content according to the criminal procedural code, the test of three-degree efficiency control of lawfulness wiretap warrant, and also the jurisdiction which is really important in this issue. The last point which...
|
|
|
Copyright infringement in cyberspace
Maschke, Kryštof ; Gřivna, Tomáš (advisor) ; Šelleng, Dalibor (referee)
The aim of this thesis is to present the issue of copyright infringement in cyberspace. I choose it because it is very dynamic and actual topic, connected with modern technologies. Sometimes the legislator is not able to react on new technologies properly, they are just too fast. From that reason in several chapters i am focusing on important court decisions. The work itself is divided into 7 chapters. The first chapter describes the difference between the Internet and Cyberspace. Subsequently, I define the Cyberspace and divide it into individual parts, which are described in more detail. This will allow us to better understand the space in which we are moving and what are the differences from the real world . The second chapter focuses on legal protection of copyright. It is internally divided into three parts. In the first, I am describing historical development of copyright and important international treaties. Then I am focusing on copyright on the level of European Union. Finally, I deal with domestic legislation. I explain how copyright in Czech republic looks like, and how is protected as well as how the work of authorship is protected by the criminal law. The whole chapter ends with an analysis of case law about damages by the Supreme Court. The third chapter explores digital right management....
|
|
|
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...
|
|
|
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,...
|
|
|
Urgent and non-repeatable actions
Jandurová, Kateřina ; Tejnská, Katarína (advisor) ; Šelleng, Dalibor (referee)
Urgent and non-repeatable actions Abstract The graduation thesis focuses on the ambivalent institute of urgent and non-repeatable actions, which combines two contradictory requirements. On the one hand, a balance needs to be struck between the demand to protect the state, society and the legitimate interests of individuals and legal entities and to ensure a fair trial for the person against whom criminal proceedings are being conducted, on the other. The purpose of the urgent and non-repeatable actions is to enable the authorities involved in criminal proceedings to secure perishable evidence, even at the cost of infringing the rights of the defense. However, this distortion should be compensated to the defense by providing increased protection and furthermore, urgent and non-repeatable actions should be performed only when the legal conditions are fulfilled. The main goal of the thesis is a comprehensive analysis of urgent and non-repeatable actions in the sense of the Code of Criminal Procedure and higlihgting controversial issues and problems that arise in practice. The graduation thesis is composed of four chapters, each of them dealing with different aspect of urgent and non-repeatable actions. Chapter 1 is subdivided into two parts. Part 1 describes the historical development of urgent and...
|
|
|
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...
|
|
|
An injured party in criminal proceedings and his/her protection
Spitsyn, Oleksandr ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
An injured party in criminal proceedings and his/her protection The diploma thesis deals with the position of the injured party and his protection during the entire criminal proceedings and a description of the rights at his disposal in its individual phases. It draws information from legislation, literature, case law and electronic resources. The diploma thesis is divided into five chapters. The first includes the definition of the term injured party, both its positive and negative definitions. It also describes the differences between the terms 'injured party' and 'victim of a crime'. The second chapter focuses on the description of the rights that belong to all injured, as well as those that belong only to the injured, who have the status of a subject in adhesion proceedings under § 43, paragraph 3 of the Criminal Procedure Code. The most important of these rights are characterized in more detail. It is also describing the possibility of injured party to waiver his procedural rights and analyzing the problem of partial waiver. The last part of the chapter is devoted to minors as the injured parties and their special position in criminal proceedings. The third chapter describes in more detail the position of the injured party in the individual stages of criminal proceedings, from the preparatory...
|
|
|
Violation of Authors' Rights Using Cyberspace
Křížovská, Kristina ; Gřivna, Tomáš (advisor) ; Šelleng, Dalibor (referee)
Violation of Authors' Rights Using Cyberspace Abstract This diploma thesis describes violation of authors' rights in cyberspace, especially the most common ways of committing this crime. The thesis is divided into five parts. The first chapter contains a general introduction to the topic, it defines the basic concepts (such as computer and related terms of hardware and software, internet, cyberspace and cybercrime), which serve as a basis for other parts of the work. The second chapter deals with copyright as such. It explains the concept of copyright work and describes the individual rights of the author. Given the nature of this criminal activity, it is not possible to limit the interpretation to the criminal law regulation. The second chapter thus indicates what rights of the author are affected, which works are subject to copyright infringement, which works are excluded from copyright protection and, finally, what are the limitations and exceptions to copyright. The third part is followed by a brief overview of the legislation that can be applied to the area of copyright (or generally to cybercrime). This includes national (Czech), European and international legislation, as it is an issue that in many cases crosses national borders. The fourth part of the thesis is a crucial part, because it deals with...
|
|
|
Criminal Liability of Legal Entities
Šelleng, Dalibor ; Jelínek, Jiří (advisor) ; Ivor, Jaroslav (referee) ; Bohuslav, Lukáš (referee)
It is more than 6 yeas as of the moment when Act No. 418/2011 Coll., on penal liability of legal entities and proceedings against them, entered into effect, however, in spite of it inland legal regulation still offers a number of key application and conceptional issues. The achieved objective of the dissertation work submitted was to provide comprehensive and detailed interpretation of the existing legal regulation of the conditions when criminal liability of legal entities is established and to point out, in that interpretation, to some of its particularities, deficiencies or ambiguities in the interpretation. In order to achieve that objective, the author dealt with not only Czech legal regulation as such, however, also with wider topics that clarify the origination of this form of penal liability but that can also help interpreting problematic legal institutes or be the basis for next amendments to the law, if any. For this purpose, the presented dissertation work is divided in four main chapters. The first part contains introductory and fundamental issues of the criminal liability of legal entities. As the sine qua non condition of the topic under investigation, it defines the term of "legal entity" and outlines the historical development of the concept of penal liability of legal entities in...
|
|
|
The Role of the Public Prosecutor in the Court Criminal Proceedings
Klejchová, Barbora ; Vokoun, Rudolf (advisor) ; Šelleng, Dalibor (referee)
The topic of this thesis is The Role of the Public Prosecutor in the Court Criminal Proceedings. Its purpose is to characterize the current legislation, processes in the public prosecutor's office, and the role of the public prosecutor in the phase of court proceedings. The aim is to analyze the current legislation, evaluate, and propose possible solutions for the adoption of new legislation. I chose this topic mainly thanks to my interest in criminal procedural law and the issue of public prosecutors in general. Given the ongoing preparation of the new Criminal Procedure Code and the current efforts to adopt a new law on the Public Prosecutor's Office, I believe that this is currently important topic. The thesis is divided into five major chapters. The first chapter is focused on the development of the public prosecutor's office in the Czech lands from 1437 to the period after 1989. The subchapters are organized by important milestones in the Czech history. The second chapter contains the legal regulation of the Public Prosecutor's Office in the Czech Republic, but also the organization of the Public Prosecutor's Office. The second chapter is dedicated to the position of the public prosecutor, their rights and obligations. I list the competences of the Public Prosecutor's Office and mention...
|
guest ::
