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Felony illegal production and other handling of narcotic an psychotropic substances and poisons § 283 criminal law - current topics
Novák, František ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
This thesis deals with the topic that is related to drugs. This problem is quite broad content, it can accommodate several respects. The author chose a certain part, namely the crime of unauthorized production and other handling of narcotic and psychotropic substances and poisons under § 283 of the Criminal Code, in the context of the current situation. The theme of the drugs problem was processed in many dissertations, but it should be noted, has continued to discover new knowledge and to change trends in the drug scene. The work consists of seven separate chapters. The first chapter introduces the reader to the issue, which is related to drugs and also defines the basic concepts relating to drugs and drug-related crime. This chapter is important for understanding the following chapters. The second part of the introductory chapter describes the division of drugs and about each group is given basic information. The second chapter provides a history of the legislation related to drugs from Austro- Hungary until the present. The author dealt with national legislation and put the emphasis on the adjustment the factsof the case of unauthorized production and other handling of narcotic and psychotropic substances and poisons under § 283 of the Act no. 40/2009 Coll .. Analysis of the current situation in...
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Insurance fraud
Vrtálek, Jan ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
12. Summary of Master's degree thesis in English Insurance fraud In my Master's degree thesis I was dealing with insurance fraud. Insurance fraud is no doubt as old as insurance itself and has been considered as part of the insurers trade risk. However, it has lately grown in importance until it has become at treat to the soundness of insurance markets. In the Czech republic, this situation has led to the adoption of legislative amendments in 1997, inserting a new section, § 250a , specifying insurance fraud, into the Criminal Code. Insurance fraud was one of the main topics of work section of insurance fraud in czech bureau of insurance. After that situation has changed. Bodies active in criminal proceedings started take this problem more seriously. People began to become aware of the seriousness of the problem. Especially how much it costs. In the beginning of my thesis I present motives to me to keep writing it and briefly describe the contents of individual chapters of the thesis. In the second part, I return to the circumstances in which the merits of the Act No. 140/1961 Coll., and briefly describe the changes as facts, which brought a new criminal code. The third part is focused on buildings criminal insurance fraud. In particular, describe in detail the various merits of individual buildings...
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Crime of fraud, credit and loan fraud pursuant to section 209, 210, 211 and 212 of the Criminal Code
Votava, Petr ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Crime of fraud, credit and loan fraud pursuant to section 209,210, 211 and 212 of the Criminal Code Criminal code, No. 40/2009 Coll., contains the criminal offence of a fraud (Section 209) and it's special cases such as the insurance (Section 210), loan (Section 211) and subsidy fraud (Section 212), in total of four separate offences dealing with fraudulent deliquency. The author of the thesis deals with the characterization of facts of fraud. Property fraud (Section 209) is a damage crime, but the special forms of fraud have features of pre-accomplished crime (preparation of crime). Fraudster's criminal liability for insurance, loan or subsidy fraud is rather larger than criminal liability for general type of fraud. Analysis of the judicial decisions of the Supreme Court and the Constitutional Court of the Czech republic is one part of the diploma thesis. From the results of the analysis the author concludes that there is a personal criminal liability for fraud when the perpetrator sues for a fake debt. This kind of deceptive activity is an attempt of crime of the fraud. The difference between special type of fraud (insurance, loan or subsidy Sec. 210 - 212 Criminal code) and general fraud (Sec. 209 Criminal code) is evident also in the level of evidence. Culpability of fraud must comprise of the intent to...
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Crime of fraud, credit and loan fraud pursuant to section 209,210, 211 and 212 of the Criminal Code
Doseděl, Marek ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
Nowadays effective Criminal code, No. 40/2009 Coll., contains the criminal offence of a fraud (Section 209) and it's special cases such as the insurance (Section 210), loan (Section 211) and subsidy fraud (Section 212). Nevertheless, the situation hasn't been always like this. Less than twenty years ago the Czech effective legislature contained only the criminal offence of the so called "general" fraud. However the impossibility to persecute all of the fraudulent delinquency by applying the "general" fraud section led the legislator to amend the Criminal Code by adding three above mentioned special sections. The imperfection of the legal system in regards to the fraudulent behaviour (especially related to banks and insurance companies) in the 1990's had dramatically effected the economy of the country and formed a negative prejudice and inauspicious experience with privatisation of the state property etc. among the entire society. These days during the global financial recession has the number of fraudulent behaviour risen significantly, since the lack of procurements, the low employment rate, the general indebtedness etc. bring the debtors to the very boarder of the financial cliff of insolvency and "force" them to commit criminal offences. Therefore, it's highly important to use special tools to...
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Criminal liability of health-care providers
Miřejovská, Martina ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Criminal liability of health-care providers Abstract This diploma thesis focuses on the criminal liability of the health-care providers. Its main objective is to provide a comprehensive overview of the fundamental issues, such as who can be a provider, what is the definition of healthcare services and what are the possible conditions of criminal liability. Another aim is to provide an overview of selected offenses that can be committed in connection with providing healthcare services and summary of the relevant legislation in the United Kingdom of Great Britain and Northern Ireland and in the Federal Republic of Germany. In this thesis, I mostly use the methods of description, analysis and comparison. The thesis is divided into six chapters, which follow a logical order. The first chapter explains the key concepts. Specifically, it is the definition of healthcare services, facilities and providers, lege artis procedure, informed consent and criminal liability. The second chapter focus on the criminal liability of natural persons, on the definition of a criminal offence and also the relevant circumstances excluding liability from the provision of healthcare point of view. The third chapter deals with the criminal liability of legal persons and their possible exculpation. The fourth chapter analyses selected...
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Criminal liability of physician for a non lege artis medical procedure
Zmeková, Veronika ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Criminal liability of physician for a non lege artis medical procedure Abstract This diploma thesis is focused on the issue of the criminal liability of physician for a non lege artis medical procedure. The main objective of submitted thesis is to define all the requirements and elements of criminal liability of the physician, therefore, to find an answer to under what conditions and in what situations the physician will be criminally responsible, and in what situation he will not be criminally responsible. Another objective of the thesis is to provide a definition of what can be considered as a lege artis procedure, what will be considered as a non lege artis procedure, who will assess such a procedure and what will be the consequences for the assessment of the criminal liability of a physician. In this thesis it was used mostly the method of description, analysis, deduction and a partial comparison. Thesis is divided into four main chapters, which are further divided into relevant subchapters. The first chapter is focused on the definition of all prerequisites for the criminal liability of a physician and also deals with the question of possible criminal liability of a legal person who is authorized to provide health services. The second chapter defines individual circumstances excluding illegality. The...
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Criminal law regulation of public procurement
Mikula, Tomáš ; Púry, František (referee)
CRIMINAL LAW REGULATION OF PUBLIC PROCUREMENT ABSTRACT The Objective of this rigorous work is primarily to present the basic features of criminal activities related to public procurement, to analyse the offences that are either directly related to the award of public contracts or to which the Commission may The context of public procurement and, last but not least, the analysis of certain specific means of proof in the case of such offences. The Rigorous work is thematically divided into five chapters and possibly other subchapters. The Subject of the first chapter (Generally for public procurement) is an analysis of the issue of public procurement, the definition of the concept of public procurement, the outline of the basic principles of procurement, the definition of the concept of contracting authority and Supplier and not least an analysis of the types of procurement procedures and their comparison in the framework of the former Public Procurement Act and the current Public Procurement Act. The Subject of the second chapter (Generally for criminal regulation of public procurement) is to outline the criminal law basis for the following chapters; Therefore, the introduction of offences directly related to the award of public contracts, offences which may arise in connection with the award of public...
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Regulationship between delicts and criminal offences
Parýzková, Julie ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
Relation between Administrative and Criminal Offenses Abstract This thesis deals with the analysis of the relation between two public offenses; administrative offenses as delicts of administrative law to criminal offenses as delicts of criminal law. The thesis introduces the historical development in the Czech lands, illustrating the origin of the division of offenses of public law and its gradual transformation over time. The chapter on history concludes with the description of the models of relation between administrative and criminal offenses which have arisen in civil law over the course of history. It is followed by an analysis of the conceptual features of offenses de lege lata, in which the definition of an administrative offense is compared to the definition of a crime. The main topic of the thesis is the boundary between administrative offenses and criminal offenses, which compares the current legal regulation with the theoretical basis and further analyses the aspects of the division of public-law offenses with the indication of alternative possibilities of this division. The thesis also looks at criminal records and the influence of European Union law in determining the boundary between offenses and crimes. Furthermore, the thesis deals with the comparison of administrative and criminal...
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The possibilities of criminal's reintegration into society
BILENČUKOVÁ, Tereza
The bachelor thesis is focused on the possibility of integrating criminals back into society. In the theoretical part are introduced the main terms and issues to layman, thanks to the literature and acquired information. In the practical part will be described the process of data collection up to the results of the research. The main aim of the bachelor thesis on "Possibilities of social integration of criminals back into society"is to clarify the integration of the perpetrator of criminal activity back into society after release from imprisonment. In a secondary goal will be found out whether the needs of released prisoners, when they are reintegrated into society, correspond to the possibilities provided by our society.
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Criminal-law treatment of fraudulent conduct
Doseděl, Marek ; Heranová, Simona (advisor) ; Tejnská, Katarína (referee)
Criminal-law treatment of fraudulent conduct Abstract The Act No. 40/2009 Coll., the Criminal Code, effective as of the date of this thesis, penalizes one's behavior fulfilling the criminal signs of a fraud (Section 209 of the Act) and its special variations, such as insurance fraud (Section 210 of the Act), loan fraud (Section 211 of the Act) and subsidy fraud (Section 212 of the Act). This means that four separate criminal offences are penalizing fraudulent delinquency under the Czech legislation. Laws penalizing fraudulent delinquency have developed rapidly over the post- revolutionary era and reflected new social and political environment. It was mainly the lack of ability to punish all fraudulent actions by applying the so called general fraud provisions (nowadays Section 209 of the Act) which served as the initial power motivating legislators to pass an amendment containing provisions regarding the three abovementioned criminal offences that are penalizing fraudulent behavior relating to insurance, loans and subsidies. This action taken by the legislators is generally perceived as suitable since, as mainly demonstrated in the nineties of the twentieth century, fraudulent criminality has broad-reaching effects impacting the country's economics and the society's trust in the rule of law. Legal theory...
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