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Competence and Organization of the Public Prosecutor's Office in Criminal Proceedings in the Czech Republic and the Federal Republic of Germany
Trojanová, Justina ; Šelleng, Dalibor (referee)
This diploma thesis deals with the topic of the competence and organization of the prosecutor's office in criminal proceedings, namely in the Czech Republic and in the Federal Republic of Germany. The institute of the Public Prosecutor's Office is a very important part of the functioning justice system, especially for the protection of justice and society from crime. The given topic can be perceived as very broad, and therefore this work is focused primarily on the comparison of the legislation in selected areas, where the differences that the legislation in question shows. In the legal systems of both states, it is possible to find a number of differences, but also similarities. The thesis is divided into seven logically arranged parts, each of which deals with a specific area of the topic in both comparative states. The first part is devoted to historical development in both states. The second part deals with the current legal regulation of the public prosecutor's office in terms of constitutional and legal anchoring, which is very different in the states. This part also discusses the issue of the classification of the public prosecutor's office into the concept of separation of powers. The third part describes the organization, where the emphasis is mainly on the system of prosecutor's offices,...
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Reconstruction of a Crime
Strnadová, Marie ; Krupička, Jiří (advisor) ; Šelleng, Dalibor (referee)
The main topic of this thesis is the reconstruction of a crime. These special means of evidence are regulated in the provisions of § 104d of the Criminal Procedure Code. This act takes place if the situation in which the crime was committed is to be restored, or if the circumstances related to the crime are to be restored, if the testimony of the suspect, accused, co-accused, injured party or witness, is to be examined, but only if other evidence provided in the proceedings is not sufficient to clarify the case. In the first chapter, the topic of the legal regulation of the reconstruction of a crime is set in a historical context. The current legal regulation of this institute in the Czech legal system follows. Furthermore, the concept, meaning and types of forensic reconstruction are analysed, which is compared to selected special means of evidence, for which it is often incorrectly confused. As the reconstruction of a crime is a complex and very important mean of evidence, the merits of this thesis are devoted to the preparation, planning, the actual execution, documentation and evaluation of this act. Furthermore, the thesis describes two examples of crime reconstruction from practice and ends with considerations de lege ferenda.
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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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Assistance to Victims of Crime
Pacáková, Barbora ; Šelleng, Dalibor (referee)
The thesis focuses on the assistance to crime victims, mostly in terms of Czech legislation, its compliance with the European legislation and its application in real life, it does, however, provide historical and theoretical explanation about crime victims. The thesis reflects the legislation, that is in effect at the time. The main aim of the thesis is to offer a comprehensive view on the issue of assistance to victims, to analyse and evaluate the legislation of victims' rights, especially under the Victims of Crime Act, and to assess the benefits of its first major amendment. The last goal of the thesis is to evaluate the current quality of assistance provided to crime victims. The thesis consists of five parts, in addition it also contains an introduction and a conclusion. The first part offers historical and international insight into the assistance of crime victims and details how this field has evolved over the last hundred years. It also places the issue into historical context while analysing international requirements laid down by the Council of Europe, the European Union and the United Nations. Part 2 explains legal terms "victim" and "injured party", providing a comparison of these two terms with a view toward their use in subsequent chapters of this thesis. Part 3 contains theoretical...
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Formal Burden of Proof of Public Prosecutor in Criminal Proceedings
Pudilová, Anežka ; Šelleng, Dalibor (referee)
The legal concept of formal burden of proof of public prosecutor has been discussed for more than 17 years of legislative work on the new Criminal Procedure Code and an increased attention was also paid to it before by the legal science, at the same time with the enforcement of adversary elements of court proceedings. The legal concept in question was established and developed as part of the Anglo-Saxon type of criminal proceedings where trial is based on a dispute between the parties. This involves the exclusive procedural responsibility of public prosecutor to clarify the facts relevant to the indictment filed. Although it is possible to give a brief description of the legal concept in question in a single sentence, its enactment would affect the overall nature of the proceedings before the court and would also be reflected in other stages of the criminal proceedings. The aim of the dissertation was to analyse the prerequisites and consequences of the enactment of the formal burden of proof of public prosecutor in the Czech criminal proceedings. Given the origin of the legal concept, the crucial question was whether its adoption would necessarily constitute a total departure from the legal principles which the existing Criminal Procedure Code is based on or whether it is possible and appropriate...
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European Public Prosecutor's Office
Hendrych, Lukáš ; Šelleng, Dalibor (referee)
European Public Prosecutor's Office, abstract The European Public Prosecutor's Office (EPPO) has been so far the most ambitious project in the field of Europeanization of criminal law. Criminal law has traditionally been an area where the member states of the European Union are strictly guarding their sovereignty and they are very reluctant when it comes to its harmonization or perhaps unification. This is also the reason why it is important to closely focus on this newly created institution. This is the very first time the EU member states established a body with a competence to investigate and prosecute crimes across countries regardless of national borders. According to the adopted legal framework, the European Chief Prosecutor located in Luxembourg is to focus primarily on crimes affecting the EU's financial interests. The EPPO is to investigate and prosecute these crimes and to represent public prosecution before national courts. The greatest added value of the EPPO should be its independence from national public prosecutor's offices in member states. Independence, expertise, and a cross-border competence should save dozens to hundreds of billions of Euros to the EU's - and nationals - budgets. These amounts of money are being lost every year due to cross-border financial crimes, mainly due to subsidy...
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Criminal Liability for the Dissemination of Illegal Content on the Internet
Kobyljanský, Adam ; Šelleng, Dalibor (referee)
and keywords Thesis title: Criminal Liability for the Dissemination of Illegal Content on the Internet The presented thesis examines the issue of criminal liability for the dissemination of illegal content on the Internet. It approaches the topic at a general level in order to define the concept of illegal content on the Internet from the perspective of criminal law, analyze the mechanism of criminal liability in relation to the dissemination of illegal content and map the area of criminal liability for illegal content on the Internet at the level of its possible subjects. The thesis consists of three parts, which are formed by individual chapters. The first part of the thesis deals with the problem of the scope of law on the Internet and its possible solution, both in general and with emphasis on criminal law and the fight against cybercrime. This part of the thesis also identifies the specifics of the Internet environment when it comes to the application of law, which are essential for placing all other knowledge that the thesis brings into the overall context of the reality of the Internet. In its second part, the thesis focuses on the very mechanism of criminal liability, in relation to the responsibility for the dissemination of illegal content on the Internet. Criminal offenses enshrined in a...
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Assistance to Victims of Crime
Pacáková, Barbora ; Šelleng, Dalibor (referee)
The thesis focuses on the assistance to crime victims, mostly in terms of Czech legislation, its compliance with the European legislation and its application in real life, it does, however, provide historical and theoretical explanation about crime victims. The thesis reflects the legislation, that is in effect at the time. The main aim of the thesis is to offer a comprehensive view on the issue of assistance to victims, to analyse and evaluate the legislation of victims' rights, especially under the Victims of Crime Act, and to assess the benefits of its first major amendment. The last goal of the thesis is to evaluate the current quality of assistance provided to crime victims. The thesis consists of five parts, in addition it also contains an introduction and a conclusion. The first part offers historical and international insight into the assistance of crime victims and details how this field has evolved over the last hundred years. It also places the issue into historical context while analysing international requirements laid down by the Council of Europe, the European Union and the United Nations. Part 2 explains legal terms "victim" and "injured party", providing a comparison of these two terms with a view toward their use in subsequent chapters of this thesis. Part 3 contains theoretical...
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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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The Criminalization of Cyberattacks on Information Systems
Eliášová, Alexandra ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
131 NÁZEV DIPLOMOVÉ PRÁCE V ANGLICKÉM JAZYCE The Criminalization of Cyberattacks on Information Systems ABSTRACT Cybercrime represents an increasing danger to human society. The main aim of this thesis is to find out which attacks on information systems pose a threat to the state and whether new technological trends represent a challenge for the current Czech legislation in the field of criminal law. The methodology varies across this thesis. The analytical method together with the synthesis is used to fulfil the aim. In some parts, an empirical approach is used. The introductory part of the thesis explains the key institutes in the field of cybercrime and international instruments for combating cybercrime. The most important document is the Council of Europe Convention on Cybercrime. The main part of the thesis is devoted to the difficulties of current Czech legislation in connection with cyberattacks. The final part of the thesis deals with current technological trends, such as Artificial Intelligence, Cloud Computing, Cryptocurrencies and the Internet of Things, which play an important role in the field of attacks on information systems. The current Czech legislation has responded to the growing tendency of cybercrime, and therefore new types of criminal offenses have been introduced. Artificial...
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