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Serial murder and its investigation
Valvoda, Kryštof ; Šelleng, Dalibor (advisor) ; Dvořák, Marek (referee)
1 Abstract The topic of the thesis is serial murder and its investigation. The aim of the text is to provide a more comprehensive view on the issue of serial murder. Nowadays, the incidence of serial murder is decreasing worlwide. Nevertheless it is still a very topical phenomenon, as it is capable of significantly disrupting the stability of society. The thesis first examines the phenomenon of serial murder from the perspective of internationally accepted definitions and current Czech law. The individual components of the definitions, the distinction between different types of multicide and the historical development of the phenomenon are then analysed. Using two fundamental typologies, the perpetrators of serial are classified based on their behaviour at the crime scene and their motive for the murders. Victims are examined both in terms of general victimology and in terms of the predispositions to become a victim of serial murder. The method of committing serial murder is divided into two components, which are the external observable manifestations of the perpetrator and the psychological processes taking place in his mind. The difference between the modus operandi and the signature of the perpetrator and their importance in the investigation is explained. The investigation of serial murder is examined...
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Criminal Aspects of Tax Optimization of Legal Entities
NOVÁK, Adam
The aim of this bachelor thesis is to analyse the possibilities of tax optimization and related criminal law aspects of legal entities. The process of tax optimization is examined mainly in the environment of double-entry bookkeeping and the related issues of creating some significant taxes, especially corporate income tax. Subsequently, the criminal law impact due to erroneous or intentionally erroneous accounting activities will be described. The research is carried out in the form of questionnaires and guided interview obtained from legal entities from the private sector. Respondents are different companies in terms of size. The guided interview was conducted with tax advisor who occupies this issue in his practice. The expected outcome of the thesis is to find out how often and under what conditions tax optimization takes place in individual economic entities and whether these entities are aware of the criminal liability arising from it.
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Social work in imprisonment
MRKVANOVÁ, Kristýna
The thesis starts with introducing the basic definition of social work, history, social worker and target groups of social work. The main part of the thesis focuses on the definition of terms related to crimes and especially their regulation and the current situation in the Czech Republic. Within the Czech Republic, the Prison Service and the context are also described. The work also includes the issue of social work in the prison environment.
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Juvenile Criminal Offences
MICHALCOVÁ, Vladimíra
The bachelor's thesis responds to the current issues of juvenile delinquency. The aim of the work is to analyze the statistical data of the Police of the Czech Republic and to map the captured criminal activity of children and youth. Break it down and compare it according to selected types of crime in the South Bohemian Region and in the Czech Republic, namely for the period 2009 - 2019. Assess whether it has an increasing or decreasing tendency. In the theoretical part, describe the concepts of minors, juveniles and criminal liability of juveniles from the perspective of criminal law, as well as the basic legal norms governing this area. Furthermore, to outline a basic view of the criminal responsibility of juveniles from the perspective of personality psychology and how this view is reflected in criminal law.
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The crime of rape according to section 185 of the Criminal Code
Plzáková, Štěpánka ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
The diploma thesis The crime of rape according to section 185 of the Criminal Code is divided into five parts, which are further divided into sub-chapters. In the first part of the thesis, I focus on the historical development of the institution of rape, from the first mention of rape, which dates back to ancient times, through medieval regulation, regulation in the modern age, in the first and second half of the 20th century, up to the current regulation in Act no. 40/2009 Coll., Criminal Code. Specifically, the crime of rape can be found in section 185 of the Criminal Code, which falls under the third special part, Crimes against human dignity in the sexual area. This is followed by the second chapter, which analyses in detail the concept of a crime and its individual features. Here I described in detail the factual nature of the crime, i.e., the object, the objective side, the subject, and the subjective side, both from the general point of view, which we apply to all crimes, and specifically to the crime of rape. In this passage, I also focused on the single-act concurrences of the criminal act of rape and on the qualified facts found in the second to fourth paragraphs of the given provision. I also try to describe the topic of moral criminality, which includes rape, in the chapter number...
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Defence of a legal person in criminal proceedings and issues related to the defence
Kalousová, Simona ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
Defence of a legal person in criminal proceedings and issues related to the defence Abstract The rigorous thesis deals with the definition of problems of the procedural part of the law on criminal liability of legal persons and related problems arising from the Criminal Procedure Code. Problems related to the criminal liability of legal persons appear in the Czech legislation and in the legislation of other countries of the continental legal culture mainly due to the adoption of the institute from the Anglo-American legal culture. The Czech legal system was based on the criminal liability of natural persons only and the incorporation of the new institute thus requires a certain adaptation of the legal system. Moreover, the nature of a legal person is inherently problematic given its specific nature. The author selects the most important problems of the procedural part of the law, analyses them and assesses the suitability of the current legal regulation. Subsequently, the author compares the identified problems with foreign legislation of the countries of the continental legal system. The author considers the most significant problems of the Czech legislation to be the absolute exclusion of the institute of necessary defence for legal persons, problems related to the person of the guardian and problems...
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Criminological and criminal law aspects of the ransomware spread
Lédl, Kryštof ; Gřivna, Tomáš (advisor) ; Richter, Martin (referee)
67 Criminal-law aspects and criminological aspects of ransomware spread Abstract The thesis deals with the ransomware spread and its exploration from the perspective of criminology and substantive criminal law. This theme is still relevant as ransomware is still a highly used form of cybercrime, whose method of execution is being constantly improved by the perpetrators. The theme is further relevant because this form of cybercrime is also used as a form of waging war against another state, as may be seen e.g. in the increasing number of cyber-attacks incurring in connection with the current war between Ukraine and Russia. The first part of this thesis defines the term ransomware and then briefly describes the history of this type of cybercrime. This part further describes the different types of ransomware currently recognized by the professional community. Current trends in the ransomware spread are also outlined. The second part discusses the criminological aspects of ransomware, focusing primarily on explaining the ransomware spread by the criminological theories, examining the personality of the perpetrator and the victim from a criminological perspective, and exploring other criminological aspects of ransomware. The third part of the thesis concerns the assessment of ransomware spread under substantive...
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Penal aspects of corruption
Mottl, Jiří ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
57 Penal aspects of corruption Abstract This thesis deals with the aspects of corruption that are sanctioned under criminal law. The aim of the thesis is to define the current criminal legislation punishing this form of crime, to present its problematic aspects and to propose possible solutions to these issues. In this context, a part of the thesis is also devoted to the definition of the concept of corruption, the historical development of the legal regulation in the Czech Republic in particular, the legal regulation in the field of international and European law, as well as legal comparison with foreign countries. First, the thesis devotes a section to various definitions of corruption by both Czech and foreign academics. Subsequently, the typology of corruption and the factors influencing its occurrence, extent and severity are outlined. Next, the first cases of criminalisation of corruption, the development of legal regulation in the Czech lands, and in particular its regulation within criminal codes are presented in the framework of historical development. Then, the international conventions dealing with the fight against corruption to which the Czech Republic has acceded are presented, as well as the legislation within the European Union. Furthermore, the thesis defines the crimes that are committed...
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The issue of synthetic drugs in Czech criminal law
Baloun, Ondřej ; Beranová, Andrea (advisor) ; Bohuslav, Lukáš (referee)
anglickém jazyce The inner functioning of human nervous system allows for changes in states of mind after a consumption of specific substances. It is well known that these changes have an impact on the health of a consumer, be it acute or chronic. The undesirable effects are multiplied, if the consumption grows in scale to a society-wide issue and is not properly addressed. Any health damage is followed by social effects that endanger the cohesion of a society. States reacted to this development by a wave of drug regulation, be it their consumption or distribution, through international and domestic legal instruments. This approach is at present time unable to tackle the problem of so called "synthetic drugs". Synthetic drugs are unregulated chemical analogs of illegal drugs. They offer to users' effects very similar to conventional drugs, only without legal barriers and at a fraction of a price. The dangers of synthetic drugs are twofold. Not only are they more accessible to users, but they are also exponentially more dangerous and unpredictable. Dozens of new substances appear in the European market without their effects on human body being studied previously. Czech Republic has tools with which it regulates new synthetic drugs. This process is however often at odds with constitutionally guaranteed...
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Punishment of Recividism
Kopačka, Adam ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Punishment of Recividism Abstract This diploma thesis deals with the topic of criminal recidivism which is a global problem, the solution of which should be one of the goals of the state's criminal justice system and at the same time it is a measure of its success rate. The frequency of recidivism to some extent reflects the effectiveness of criminal sanctions, the effectiveness of their enforcement, but also social influences such as the demographic distribution of the population or social inequality. Recidivism is a problem that cannot be definitively solved but it is possible to approach the ideal of its punishment, and thus the effective fight against repeated offenses by recidivizing criminals. Recidivism can be viewed from the perspective of many scientific disciplines. This work aims to describe recidivism in the eyes of criminal law. It depicts the legal instruments that serve to punish recidivists more severely, the conditions of their application and their impact on the type and amount of punishment. Although the aim of the thesis is to map especially effective law, recidivism is also approached in its historical context as this aspect is key to understanding older case law. The domestic legislation is also partially compared with foreign legislation which can be a useful inspiration for...
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