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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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Assistance to Victims of Crimes
Hanušová, Kristýna ; Mulák, Jiří (referee)
1 Assistance to victims of Crimes Abstract This thesis is focused on the assistance to victims of crimes. It examines the topic especially on the legal level, from various points of view. It deals with the assistance to victims in terms of legislation, mainly domestic, but also foreign, then it examines the application of legislation in practice and further it analyzes the findings while including suggestions for possible improvement. The goal of this thesis is to evaluate the Victims of Crime Act, whether its written form or its application in practice and to propose possible amendments in order to improve the role of the victim, which is after all an unwritten purpose of the Victims of Crime Act. This thesis is divided to an introduction, five separate chapters and a conclusion. In its first chapter, the thesis is focused on the person of the victim, purely from the point of view of the legislation. It defines direct and indirect victim, as well as particularly vulnerable victim. Finally it describes differences between a victim and an injured party. The second chapter represents a key part of the thesis since it is focused on the Victims of Crime Act itself and the rights arising out of it for victims. Step by step the chapter analyzes the right to professional assistance, right to information, right to...
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Criminal Offence of Abuse of Business Position (Section 255a of the Criminal Code)
Vrábel, Daniel ; Mulák, Jiří (referee)
The aim of this thesis is to provide the reader with a complete analysis of the abusive conduct in business relations, to draw attention to relevant case law, to provide answers to interpretative and application problems and to introduce de lege ferenda ideas in order to improve the effectiveness of the company's protection against undesirable behaviour of management and other persons committing this economic crime. The thesis also includes comparative studies with the Slovak legislation and includes the necessary statistical data for proper evaluation of the use of criminal liability for this crime in relation to the latent crime rate. Despite the seriousness of economic crime and the amount of its victims, whether in terms of law or factual victims, such as employees of failed companies, the professional public do not pay much attention to this crime, so another equally important goal of this work is to draw attention to this fact and to appeal to the legislator to rectify the facts, which for almost 20 years has not undergone any major change, although, of course, today's social environment is significantly different from that immediately post-revolutionary. In the course of the work, the reader is drawn to the explanatory practice of all aspects of the merits itself, further emphasis is placed...
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The concept and legal consequences of exceeding the limits of self-defence and necessity
Židová, Markéta ; Mulák, Jiří (referee)
This thesis concerns the topic of exceeding the limits of self-defence and necessity and related legal consequences. Although the concepts of self-defence and necessity exist also in other legal branches, this thesis is focused primarily on criminal law. The aim is to define the concept of excess of the limits of self-defence and necessity, including the individual types of excess, and to provide a comprehensive overview of both general and special legal consequences that can arise in case of an excess. Furthermore, this thesis strives to answer the question whether the current Criminal Code allows for all the specific circumstances of cases in which the defendant fulfils an offence definition while exceeding the limits of self-defence or necessity to be duly taken into account. First, this thesis deals generally with the topic of defences and the concept of self-defence and necessity and then analyses in detail the limits and conditions of these concepts as this matter is closely connected with the topic of excess. The crucial parts of the thesis are part three and four. The third part focuses on defining the concept of excess and its characteristics, analysing the fault element of an excess and describing the individual types of excess of self- defence and necessity limits. The fourth part deals...
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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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Subsidy fraud and damaging the financial interests of the European union (Section 260 of the Penal Code)
Roušar, Ladislav ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Subsidy fraud and damaging the financial interests of the European union (Section 260 of the Penal Code) Abstract This thesis is focused on Czech and European legal framework of fight against subsidy fraud. The thesis also focuses on practices and general concepts of institutions which are tasked with fighting fraudulent conducts. The method of processing is mainly analysis and description. The thesis is structured in three parts. The first part brings attention to the characteristics of subsidy fraud as codified in section 212 of the Czech penal code. The chapter includes authors' suggestions of changes to the section 212. The second part presents analysis of crime of damaging the financial interests of the European union as codified in section 260 of the Czech penal code. The chapter includes authors' suggestions of changes to the section 260. After that international and European legal framework, which represents foundation of Czech legal framework, is thoroughly observed. The thesis explores the history of fight against fraud in the European union and its predecessors from the beginning to current days. Further attention is brought on European institutions tasked with fight against fraud, specifically European Public Prosecutor's Office and European Anti-Fraud Office. Possible weaknesses in the concept...
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Alternatives to unconditional sentence of imprisonment
Brabec, Ladislav ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
Alternatives to unconditional sentence of imprisonment ABSTRACT This master's thesis deals with the topic of alternatives to unconditional sentence of imprisonment. The aim of the thesis is to evaluate advantages and disadvantages of alternatives to unconditional sentence of imprisonment, carry out a critical analysis of its legislation and provide own de lege ferenda proposals. Throughout the whole paper, comparative method is widely used. The Czech legislation is compared not only to the legislation of (central) European states, but to the legislation of the United Kingdom, Canada and the United States as well. The paper is divided into nine chapters in total. The first three chapters provide an excursion to the problematics of the term punishment and its purpose, alternative measures and (predominantly) critical analysis of unconditional sentence of imprisonment. Chapters four to seven analyse individual means of alternative sentences, i.e. house arrest, community service, fine and (supervised) conditional sentence of imprisonment. Each of these chapters is build up on the basis of a uniform model. Within single chapters, every type of punishment is analysed from the point of view of its essence and historical development, imposition and exercise of punishment, conversion of sentence into unconditional...
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