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Contentious issues of the failure to provide aid as reflected in case law of Czech courts
Rymlová, Silvie ; Říha, Jiří (advisor) ; Vokoun, Rudolf (referee)
Debatable cases of failure to provide assistance in Czech court case law The thesis focuses on crimes of failure to provide assistance and related case law of Czech courts. The thesis consists of two main parts. First part deals with explaining of three basic Acta Reus of crimes of failure to provide assistance, their common features and their differences. First chapter and its sub-chapters discuss problematic areas related to cases of failure to provide assistance. These include: the general and special duty to rescue; attempts of rescue in cases of failure to provide assistance; and questions related to committing of other crimes concurrently with failure to provide assistance. Furthermore, the first chapter explains the most important concept in questions of failure to provide assistance which is the concept of 'duty to rescue'. It goes on to explain additional concepts such as 'endangering oneself or others', 'profession-based duty to rescue', 'damage to health', 'vehicle driver' and 'traffic collision'. The first part of thesis is concluded with overview of changes in Czech (and Czechoslovakian) legislation since 1950 related to crimes of failure to provide assistance. Second part is dedicated to court case law, systematically divided by their major topic into five chapters. These chapters and...
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Criminal Trial
Myslivcová, Jana ; Říha, Jiří (advisor) ; Herczeg, Jiří (referee)
This Thesis is focused on the criminal trial, which is the most important part of the criminal proceeding. The purpose of the criminal proceeding, which is to investigate the perpetrator of the crime and his just punishment, is fulfilled during the criminal trial. The object of this Thesis is to present the process of the criminal trial and to particularly elaborate about the legal regulation of those juridical institutes, which may appear problematic or not fully clear. The aim is also to present the critical view on some juridical institutes contained in the legislation or to those which cause difficulties in practice together with the outline of their future regulation or de lege ferenda view or how the foreign regulation deals with them. This Thesis consists of five chapters which are subdivided into subchapters where it is necessary. The first chapter follows the purpose, object and legislation of the criminal trial together with introduction to the forthcoming recodification of the criminal procedure law, which should follow the recent recodification of the criminal substantive law. The second chapter deals with the basic principles of the criminal proceeding which apply to the criminal trial. The aim of the third chapter is to outline the process before the criminal trial itself, while...
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Traffic crime and its prevention
Pytlíková, Ivana ; Říha, Jiří (advisor) ; Vokoun, Rudolf (referee)
Summary: Traffic belongs to humanity since time immemorial. First people relied on their own feet, later on animal power. The biggest change came with the invention of the wheel 3,500 years BC. In the 19th century, first car was invented. Ever since the vehicles are constantly being improved. Simultaneously with traffic the traffic crime originated too. The topic of my thesis is Traffic crime and its prevention. I have chosen this topic because I think that it is a current issue and because transport is a normal part of our every- day lifes. The purpose of my thesis is to analyse main causes of traffic crime and clarify basic preventive activities on the national and international level. This thesis is composed of five chapters, each of them dealing with different issues relating to transport crime a its prevention. Chapter one is about fenomenology and explanation of the concept of transport crime, its specialities and on the most frequent transport crime. Chapter two are transport's statistic, which are available especially at the Police, courts and The Ministry of Transport website. Chapter three deals with structure of traffic crime. Chapter four is about causes of traffic crime and highligts on main cause, which is traffic accident and in detail describe aspects, which are on its rise a significant...
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Traffic crime and its prevention
Lenner, Roman ; Herczeg, Jiří (advisor) ; Říha, Jiří (referee)
This Master's Thesis examines the issue of criminal law in the Czech road traffic sector and crime prevention. The Thesis tackles the basic concepts of traffic law and traffic accidents, which are the most visible results of traffic offenses, that cause damage to life, health and property. The problem of traffic accidents is their unpredictability, as no driver wants to cause them voluntarily. However, these are often the result of the driver's own behaviour. The Thesis offers a new approach to the issue of traffic accidents where the most common cause of accidents is the violation of traffic regulation. In my assessment, the driver's distraction, recklessness towards other drivers and a poor driving technique figures among the key factors. This statement is proved by an analysis of existing accident statistics and their comparison with the drivers' actual behaviour. The highest number of criminal offenses, such as manslaughter, personal injury or property damage is linked to the consequences of traffic accidents. These offenses are committed in most cases by gross negligence. The second group of criminal offenses consists of intentional crimes, which encompasses especially endangerment while intoxicated and justice obstruction, caused in most of the cases by driving a motor vehicle without being in hold of...
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Unauthorized Disposal of Personal data
Jaroš, Ján ; Vokoun, Rudolf (advisor) ; Říha, Jiří (referee)
The submitted rigorous thesis deals with the unauthorized use of personal data in the Czech criminal law. The thesis particularly focuses on the interpretation of the concept of personal data, the processing of personal data, the criminal offense, the principle of subsidiarity criminal repression and further on the research of two conflicting rights too - the right to protection of information (personal data) and the right to information. The complexity and legal uncertainty is primarily caused by judicial practice, which is in the interpretation of individual terms inconsistent, although professional literature and the public point of view on the interpretation of so-called "borderline cases" is unified. Amendment to the Acts, the Criminal Code and related laws, do not always solve problem areas ideally" and therefore opinions issued by "bodies active in criminal proceedings" and administrative authorities contribute to the unification of procedures and interpretations. The rigorous thesis also focuses on the application of the "ultima ratio" which should be taken into account in decision making if a crime or an offense was committed. Unless the facts of the crime and the offense not met the rule of law offers a number of means, which the defective condition, that involves unauthorized processing...
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Issues of punishment for traffic offences
Klinovský, Karel ; Říha, Jiří (advisor) ; Krupička, Jiří (referee)
My thesis is focused on the issues of the punishment for traffic offences. This topic is actually in the spotlight of the social discourse since the relatively high number of tragic traffic accidents leads to the call for the solution of the anomy on the Czech roads. One of possible solutions is also a proportional use of the state repression using the legal tools of the criminal law. The goal of this thesis is an analysis of all the punishments applicable to the traffic offences and their de lege lata and de lege ferenda evaluation. In the first part of this thesis, I will define all kinds of transportation and their legal basis. This is necessary to put the road traffic offences into their proper place in the system of traffic related offences. Furthermore, I define the traffic offence and I also elaborate on which offences are traffic offences per se. My conclusion is that we should use more restrictive approach when it comes to listing the traffic offence. Later on, I modify this restrictive approach by adding the offences of reckless endangerment and obstruction of an official decision. As a part of this chapter, I also examine each offence in the context of their practical use and judicial decisions. The second part of this thesis is focused on the traffic offender. A very specific aspect of...
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Participation
Müllerová, Denisa ; Říha, Jiří (advisor) ; Herczeg, Jiří (referee)
The thesis is concerned with theoretical background of participation and the legal regulation of participation in the Czech republic. It also deals with the legal regulation of participation in the Federal Republic of Germany and in the Republic of Austria. There are many problems associated with criminal participation and it is possible solve them in many different ways. However, the proper regulation of participation is important to comply with basic principles of criminal law. The aim of these thesis is to discuss some base approaches to the regulation of participation, to summarize advantages and disadvatages of individual systems and review application of these systems in legislation of selected countries. These thesis is composed of three parts. The first part defines basic terminology and describes two base systems of legal regulation of participation - the dualistic one and the monistic one. The aim of this part is to approximate guiding principles of both systems and advantages and disadvantages of legal application of these systems. The second part concentrates on the Czech legal regulation of participation and discusses its problems. Subdivided into three chapters, this part examines conditions of criminal liability of participants, introduces forms of participation and, finally, chapter...
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Participation in Criminal Law
Pelc, Vladimír ; Jelínek, Jiří (advisor) ; Říha, Jiří (referee)
1 Abstract The submitted rigorous thesis comprehensively deals with the institute of participation in the offense in Czech criminal law (hereinafter referred as "complicity"). The thesis particularly focuses on de lege lata interpretation of the complicity, i.e. on existing legislation, Act. No. 40/2009 Coll., Criminal Code. The text contains numerous proposals de lege ferenda, which results from the critical approach to current regulation of the complicity in Czech legal system. The participation is a traditional and complicated topic of the criminal law doctrine. The issue of criminal liability for participation in the offense is one of the most complicated issues of criminal law theory and practice. The complexity of problem stems primarily from the fact, that the institute of complicity prohibits a conduct, which is not ordinarily directly fulfilling the basic elements of the crime offense. Therefore it is necessary to derive the actions of an accomplice from the actions of an offender, who always (at least partially) fulfils those basic elements of the crime. We can also say that similarly, depending on the different systems of complicity, the criminal liability of accomplice is more or less based on the criminal liability of offender. The work is divided into seven chapters, which are further...
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The crime of theft under s. 205 of the Criminal Code
Šušák, Michal ; Říha, Jiří (advisor) ; Vanduchová, Marie (referee)
The purpose of this thesis is to analyze the offence of theft, as the typical representative of all the offences against property. The reason for my research is to offer a comprehensive view to this difficult issue. My study is composed of four main chapters, each of them dealing with different aspects of the topic. Chapter one is introductory and defines basic goals and a content of the text. This chapter also includes some considerations about the theft and about the thesis itself. Chapter two attempts to illustrate a historical introduction of the topic. It is subdivided into three main parts. The first part describes the oldest references about a theft in the history, the second part analyzes a development in the roman law and the third part is about the notion of the theft as it went through changes throughout Czech law history. Chapter three examines relevant Czech legislation. It is subdivided in four main parts. There are the nature of the offences against property and the legal formulations of offence of theft in current Act No. 40/2009 and in previous Act No. 140/1961 introduced in the first and second part of this chapter. The third part focuses on problems which followed the coming into force of the current law, such as complications caused by a new formulation of the theft and its consequences,...
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Criminal order
Berková, Ivona ; Říha, Jiří (advisor) ; Vokoun, Rudolf (referee)
The criminal warrant represents a specific form of decision in criminal matters and a type of simplified procedure as well. A single judge can issue a criminal warrant without trying the matter in the main trial if the facts are substantiated by reliable evidence. The criminal warrant has the nature of a convicting judgment. This type of simplified procedure is enacted under provisions § 314e to § 314g of the Code of Criminal Procedure. The criminal warrant is used in practice very often for its fastness and economy. In 2012, single judges by means of a criminal warrant, decided on 54,64 % of criminal cases (accused) before the District Courts within the whole area of the Czech Republic. The purpose of the thesis is to analyse the criminal warrant in all its aspects. The thesis is composed of nine chapters. Chapter One describes the history of the criminal warrant from 1918. Chapter Two focuses on relations between the criminal warrant and the basic principles of criminal procedure. Chapter Three describes the criminal warrant as a specific form of decision in criminal matters, procedure and conditions for issuing a criminal warrant, the penalties that can be imposed by means of a criminal warrant and the position of a victim. Chapter Four concentrates on the criminal warrant as a special method of...
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