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Addictive substances in road transport
Novotný, Vojtěch ; Říha, Jiří (advisor) ; Hořák, Jaromír (referee)
My diploma thesis deals with the addictive substances in road transport, especially with alcohol and other narcotic drugs used by drivers of motorized and non-motorized vehicles. The thesis is divided into three main parts. First chapter provides the definition and clarification of the terms. Second chapter, Substantive law, contains two subchapters, Criminal law and Administrative law. The subchapter Criminal law analyzes crimes that can be committed in conjunction with the addictive substances in road transport, namely endangerment under influence of an addictive substance according to § 274 TZ, general endangerment and general endangerment alleging negligence according to § 272 TZ and § 273 TZ and inebriation according to § 360 TZ. The most attention is paid to the offence of endangerment under the influence of an addictive substance, which is, as the most frequently committed crime in connection with the addictive substances, analyzed in terms of elements of crime, complicity and participation, stages of the commission of the crime, qualified elements of crime and sanctions. The second subchapter, Administrative law, examines three mostly committed minor offences related to the addictive substances in road transport. These are minor offences according to § 125c odst. 1 písm. b), písm. c) and...
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Crimes of rape and sexual coercion - comparison of legislation in the Czech Republic and Republic of Ireland
Nová, Laura ; Říha, Jiří (advisor) ; Hořák, Jaromír (referee)
Rape and Sexual assault - legal comparsion of offences in the Czech Republic and the Republic of Ireland Summary The diploma thesis is comparsion of sexual offences, in particular rape and sexual assault, which are closely scrutinized from a two different legal systems - czech and irish criminal law. The aim of the thesis is to analyze each offence and to find potentionally applicable de lege ferenda solutions for the czech criminal law. It shall be noted that while czech criminal law is mainly to be found in a single piece of legislation known as Code No. 40/2009, the Criminal Law Act. Irish criminal law on the other hand not only has a separate statutory legislation but also and mainly common law doctrine. The thesis is composed of eight chapters. First chapter outlines brief history and characterises sexual offence of rape in the czech criminal code. Second chapter, characterises the offence of rape from the common law doctrine and also statutory legislation in the irish legal system. Third chapter is focused on comparison of the offence of rape, and points out the main differences between czech and irish criminal law. Fourth, fifth and sixth chapter likewise does so with the offence of sexual assault. Seventh and eight chapter describes importaint proceedural institutes, which are related to sexual...
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Issues of punishment for traffic offences
Hejda, Petr ; Říha, Jiří (advisor) ; Bohuslav, Lukáš (referee)
Road transport intervene in life perhaps each of us. Road transport play to journey to work, spending, medical care, no matter what already like drivers or co - driver or embarkment agents collective transport persons. At present is already quite common that the family personal two car, sometimes and more. S crescendo number vehicles in our households thereby fall and in - service on way, shoot up number enmity on roads, that often end in accident. Accident are also most frequent case offences or punishable act in road transport. Most accidents hasn't calamitous consequences, every day we're news media, especially television and internet, confronted with tragic aftermath serious accidents, that happen in all limits Czech republic. Unfortunately like general prevention these jerked - in - fillings and news malfunction so always speed ill general drift on the up grade of the number of accident stop. In his work first delimitate conception transport and road transport, try to explicandum punishable act in transport and will describe individual punishable act, that come into question like punishable act in transport. Most extensive volume of work will devoted punishments attempt life behind punishable act in road transport, when first carry out common expose punishments and purpose punishment and after it take...
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The behavioral analysis and serial, mass and sexual murders
Babičková, Klára ; Krupička, Jiří (advisor) ; Říha, Jiří (referee)
My diploma thesis deals with the behavioural analysis and perpetrators of serial, mass and sexually motivated murders issue. The behavioural analysis is built upon bases of different methods of criminal profiles formation - psychological profiling. Following the historical outset of the criminal profile, the method of the behavioural analysis and its particular components are introduced and discussed. The components are described through optic of the most commonly used typologies, e.g. perpetrators typologies, scenes of delict, victims and murders. Hereafter I pursue issue of criminal profiling utilization in practise, particularly perpetrator profile creation, crime linking and threat assessment. The last part dedicated to the behavioural analysis consists of behavioural analysis historical development in the Czech Republic and reflection of potential future development of this issue. The second part of my diploma thesis is focused on serial murder and serial perpetrator. The definition of multiple murder and differentiation from its individual types is given. The following part comprises of introduction of the most common myths and stereotypes ingrained in the society and through statistics their creation and falseness is explained. The phenomenon of the hypothetical murderer is reached through...
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The criminological significance of crime reporting with the aim on reporting of bribery offences (whistleblowing)
Janoušek, Jan ; Hořák, Jaromír (advisor) ; Říha, Jiří (referee)
The topic of this thesis is the criminological significance of crime reporting. The first part deals with the issues of latent crime, the part of crime which stays hidden. It describes the possibilities and limits of crime recording and the reasons why a significant part of crime stays in the so called dark area of crime and gets never discovered by police. The most significant cause of latent crime seems to be the non- reporting behavior of victims. The second part closely looks at the non-reporting behavior of victims and describes the individual factors, which lead to the decision to not report a crime to the police. First and nearly most important factor described is the cost and benefit theory. Second factor that the thesis is dealing with is the trust in police in a specific territory. Third factor is the influence of neighborhood in which the victim lives and fourth is the influence of victim's age. Fifth factor described in this thesis is the gender of the offender, primarily the fact, that crimes committed by women get reported less than crime committed by men. Special chapter is dedicated also to the reporting of domestic violence. The third part of this thesis deals with reporting of corruption, primarily of bribery criminal offences. In this area Czech Republic still doesn't have legal...
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The Scope of the Prosecutor in the Preliminary Criminal Proceedings
Petr, Milan ; Říha, Jiří (advisor) ; Krupička, Jiří (referee)
Resumé This thesis titled The Scope of the Prosecutor in the Preliminary Criminal Proceedings presents a compact view on the prosecutor's role and activities in the preliminary proceedings. At this stage, the prosecutor has a vital role and is regarded as the master of the preliminary proceedings (dominus litis), for he carries the ultimate responsibility for its results. In the court proceedings, where he is accorded the party status, the prosecutor represents the public prosecution. In relation to the police authorities, the prosecutor has a number of privileges that enable him to supervise the adherence of legality in the preliminary proceedings. The work is divided into four main chapters. The first chapter discusses the legal base of prosecution as a body of public prosecution in the criminal proceedings. This chapter also characterizes the institute of external and internal supervision within the system of prosecution. The second chapter defines the preliminary proceedings as an obligatory, pre-trial part of every criminal proceeding. Furthermore, this chapter elaborates individual functions of the preliminary proceedings, including its forms and stages. The core of the thesis is the third chapter, which defines the actual scope of the prosecutor. First, this part deals with the prosecutor's...
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Criminal trial
Lofaj, Matej ; Říha, Jiří (advisor) ; Hořák, Jaromír (referee)
This Thesis is focused on the most important phase of criminal proceedings, the trial. The aim of this thesis is to form theoretical and practical analysis of the legal regulation of the trial and also to take into consideration the conclusions of the jurisprudence and the foundations of the new Czech Criminal Procedure Code. The Thesis is divided into six chapters. The first chapter deals with the fundamental principles of criminal proceedings and their mutual relations. These principles represent foundation upon which the whole criminal proceedings including the trial are based. The application of these principles is not absolute and the Czech Criminal Proceedings Code regulates many exceptions. The second chapter describes the preparation of the trial and is about the delivery of criminal charge, notice to appear in court, the presence of persons on trial, the order of the trial, measures related to the preparation of the trial and other decisions. The third chapter describes the course of the trial and is divided into three subchapters, the initiation of the trial, the process of evidence and the conclusion of the trial. In the context of evidence, attention is given to hearings of the accused, witness, expert and to expert opinions, material and documentary evidence. The conclusion of the...
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Traffic crime and its prevention
Kukrál, Petr ; Říha, Jiří (advisor) ; Krupička, Jiří (referee)
Zusammenfassung Das Thema der Diplomarbeit ist Verkehrskriminalität und ihre Prävention. Ich habe dieses ausgewählt, weil ich es sehr aktuell betrachte. Der Verkehr ist gegenwärtig ein üblicher Bestandteil unseres Lebens. Verkehrkriminalität betrifft fast alle Menschen. Jeder von uns kann sowohl Obfer, als auch Täter werden. Zugleich handelt es sich um das Thema. Das die Aufmerksamkeit noch nicht verdient. Angesichts der Schadenhöhen, der Anzahl der Todesfälle und der Verletzten handelt es sich um einen Bereich, der einen erheblichen Einfluss auf das Leben sowohl der ganzen Gesellschaft, als auch einer individuellen Person hat. Das Hauptziel dieser Arbeit ist es, die Hauptuhrsachen der Verkehrkriminalität zu analysieren und anschlieβend die Vorbeugungen zu erzielen. Die Diplomarbeit besteht aus Einleitung, 3 Kapitel und Schlussvollgerung. Das erste Kapitel widmet sich Fenomenologie der Verkehrskriminalität. Es werden hier die Fachbegriffe von Vekehrsdelikten erklärt, die üblichsten Verkehrsstraftaten beschrieben und es wird auch aufmerksam auf Besonderheiten dieser Art von Straftaten gemacht. Das 2. Kapitel gibt einen überblick über die Ursachen und bedingungen der Verkehrskriminalität. Es wird hier der Begriff Verkehrsunfall, als die Hauptuhrsache der Verkehrkriminalität, definiert. Im Weiteren...
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Crimes related to substance abuse
Abu Dayeh, Christián ; Říha, Jiří (advisor) ; Hořák, Jaromír (referee)
Crimes related to substance abuse Criminal offences related to substance abuse are still a highly topical issue having serious social, health-related, financial and security impacts on the whole society. Since the subject is very broad, I decided to focus on substantive law of so-called drug-related crimes. The thesis is divided into eight sections. In the first one I define the basic terms that are frequently used in the thesis and whose definition is crucial for understanding the text as a whole. Second section contains historical background of the current legal form of drug- related crimes in the Czech Republic, while also some international legal rules are included as they influenced local legal development as well as many legal obligations result from them for the Czech Republic until the present. Third section covers current legislation; it contains a common introduction for individual elements of the drug-related offences as well as a broader context within the Penal Code, and it also mentions certain non-penal legislation that is closely connected to this topic. Substance of this thesis is in sections 4 - 8 describing individual elements of the drug offences. In each section there is also some part devoted to analyzing current issues. In the fourth section I deal with an act of cannabis...
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Questioning a witness
Sochorová, Silvie ; Říha, Jiří (advisor) ; Herczeg, Jiří (referee)
This thesis is dealing with the subject of a witness in criminal proceedings. It contains an examination of the term of witness, its rights and duties and specificities of a questioning of a witness who is a victim of crimes and a person under the age of 18 years. The thesis is then dealing with possibilities of protection of a witness. There is a presentation of measures ensuring a witness at a questioning and of limits of forcing a witness to testify. The thesis is also dismantling a questioning of a witness in different stages of criminal proceedings, different methods of questioning including videoconferences and briefly also psychological aspects of questioning a witness.
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