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Contentious issues of self-defence in Czech case law
Janšta, Lukáš ; Vokoun, Rudolf (advisor) ; Tlapák Navrátilová, Jana (referee)
Controversial Issues Surrounding Necessary Defense in Judicial Practice The purposes of this essay are to point out some of the controversial issues surrounding the legal institute of self-defense in Czech law (Czech law uses the term "necessary defense") and to analyze judicial practices that deal with those controversial issues. Moreover, this essay will explore the institute of self-defense in a broader context. This essay is composed of six chapters, each of which dealing with different aspects of self- defense. Chapter 1 consists of an introduction that sets the aims and purposes of this essay, as well as introduces the institute of self-defense as a fundamental element of any democratic society. Chapter 2 deals with self-defense as a sociological phenomenon. The chapter is subdivided into three subchapters. Subchapter 2.1 focuses on the importance of self-defense in society. Subchapter 2.2 analyzes the problems associated with an insufficient usage of the institute of self-defense. Lastly, Subchapter 2.3 focuses on issues of legal consciousness in matters of self-defense. Chapter 3 briefly introduces the historical development of self-defense. It is subdivided into two parts. Subchapter 3.1 focuses on the ancient roots of the institute of self-defense, and Subchapter 3.2 describes the...
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Crime of stalking under s. 354 Criminal Code
Kubaričová, Sarah ; Šámal, Pavel (advisor) ; Gřivna, Tomáš (referee)
1 Resumé v anglickém jazyce The thesis is focused on the crime of stalking under s. 354 Criminal Code no. 40/2009, affecting the socially undesirable conduct knows also as "stalking". It provides comprehensive view on issue of stalking, respectively issue of dangerous pursuit (literal translation for crime of stalking in the Czech republic that is used in this resume for the lucidity) with wider contexts than just within the czech and criminal law. The dangerous pursuit is a new crime, because its merit was introduced into Czech legal system thanks to Criminal Code effective on 1st of January 2010, therefore this thesis has up to date character and responds to the current situation in the domestic legal environment. This thesis is divided into three main chapters - stalking, historical geography of legal provision and crime of dangerous pursuit itself. First chapter is focused on phenomenon of stalking through its defining, history of term, chosen types according to seriousness of acts of stalkers, victim characteristcs, modern means used while conducting stalking and expartner stalking, the most frequent form of stalking. Categorization based on common factors such as personality of stalker or his dangerousness follows. Subsection no. 1.4. is aimed on assessment of stalking threats and risks, which is very...
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Guilt and responsibility in the context of criminal law: Discursive practices and strategies
Vávra, Martin ; Hájek, Martin (advisor) ; Válková, Helena (referee) ; Večeřa, Miloš (referee)
The thesis deals with the ways political and expert (especially legal and criminological) discourses formulate and reproduce the meanings, assumptions and definitions constructing the man as a subject of criminal law, a subject responsible for his actions. It focuses on the ways the political domain (in particular, the lower and upper chambers of the Czech Parliament) and the scientific domain (in particular, legal science, criminology and psychiatry) form and formulate the opinions of "criminal law" and the ways these opinions are reflected in meanings embodied in criminal law itself. Methodologically, the thesis builds on critical discourse analysis. Put in plain language, what makes discourse significant is the oppression it brings upon us by defining what can be said about the world and how one can meaningfully act in it. Thus, it is not (only) a reflection of another, more real reality and it cannot be fully reduced to some other social phenomena. Therefore, by investigating discourse, one can identify the assumptions social actors build on and the argumentative frameworks they apply in discourse. The theory section formulates premises for the subsequent analysis of specific topics related to the formulation of "criminal" guilt and responsibility. After a short review of sociological...
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Euthanasia
Vlčková, Klára ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
The aim of this Master's degree thesis is an overall assessment of the issue of euthanasia and a consideration of its possible legal regulation. In order to accomplish this aim it was necessary to carry out an analysis of foreign legislations of euthanasia. Furthermore, I have dealt in this thesis with the current status of euthanasia under the legal order of the Czech Republic with primary emphasis on criminal law. This thesis consists in total of four chapters. Chapter One deals with the most general matters of euthanasia, in particular with the matter of the term itself, usually determined forms and historical developments of attitudes towards euthanasia. Chapter Two compares foreign legislations of euthanasia and their impact on practice. Chapter Three clarifies the status of euthanasia in respect of the Czech legal order, in particular from the perspective of criminal law, in respect of recent legislative efforts for its legal regulation and considerations of possible future legal development. The last chapter deals with fundamental arguments of supporters and dissenters of euthanasia and provides its summarizing assessment. The conclusion, which I have reached while working on this thesis, is kind of a compromise. I suppose that legalization of euthanasia does not stand for a right direction,...
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Criminal aspects domestic violence
Smetanová, Kristina ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
Smetanová, Kristina. Criminal aspects of domestic violence The topic of this thesis is the criminal aspects of domestic violence. The aim of the thesis is to describe this dangerous and complicated social problem and focus on outlining the possibilities of protection under Czech criminal law. The thesis consists of eight chapters. The first chapter explains what the domestic violence is and which sources, types and characters does it have.The second chapter shows who can be the violent person and this part is then divided into two sections according to the sex of the aggressor. Chapter number three illustrates possible victims of domestic violence. The next chapter deals with the types of legal protection that goes beyond criminal law and the chapter presents the Act against Domestic Violence, possibilities of civil court orders as well as it presents the orders issued by the police. Chapter number five points out the main criminal offences committed by aggressors most frequently in domestic violence situations. The sixth chapter shows the most important aspects of criminal proceedings in relation to victims of domestic violence and it especially describes their rights, possibilities and ways of protection during prosecution. The following chapter presents some of the foreign legislations which...
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Animal protection in criminal law
Krupková, Kristýna ; Hořák, Jaromír (advisor) ; Vanduchová, Marie (referee)
English abstract I chose theme of my Master's degree thesis because it's actual because of the situation in society and new Civil Code, which changes legal status of animal. The purpose of my thesis is to analyze legal status of animal in Czech law, particularly in criminal law. I want to think about it, if is actual legislation sufficient, about problems and propose possible solutions. The thesis is composed of nine chapters. Chapter one is devoted to animal legal status in Czech law. It is divided into four subchapters, which are deal with explanation of the concept of animal, its legal status, its protection instruments and in the last subchapter is deal with animal legal status by the new Civil Code. Chapter two is focuses on public animal protection in general. In Four subchapters I summarize animal legal status in public law, constitutional framework, legislation in administrative and criminal law. Chapter three is devoted to Act No 246/1992 Coll., on the protection of animals against cruelty. Four subchapters are deal with purpose of this Act, definition basic concepts, administrative delicts and authorities of animal protection. Chapter four is called Criminal law protection of animals. This chapter has six subchapters, and in these I am thinking of causes of "new" Criminal Code, its purposes, its...
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Criminal legislation of drug abuse
Tukinská, Markéta ; Jelínek, Jiří (advisor) ; Záhora, Jozef (referee) ; Herczeg, Jiří (referee)
Title: Criminal legislation of drug abuse Author: Mgr. Markéta Tukinská Supervisor: Prof. JUDr. Jiří Jelínek, CSc. Abstract: Drug abuse is a worldwide problem. The production and illegal trade of drugs is the domain of international organized crime. Illegal weapon trade and human trafficking often follow these activities. The drug abuse means serious threat for the society. It doesn't mean danger only for the drug addict, who is suffering from health problems, which are following the addiction, family and friends alienation, financial problems and losing its place in the society, drug addicts often need medical care, they commit crimes to earn money, because they are unable to do it legally, and they are often carrying and spreading lots of infectious diseases. It's not only the people living on the fringe of society who become drug users. Due to the very rapid lifestyle, consumerism, desire for experiences, which are more intense, even managers who want to be more efficient at their work or young people desiring the amusement are becoming drug users. We should not forget the most famous and abused drug - alcohol. The real danger of this drug is in the social tolerance of drinking alcohol and also its abuse, because not to drink is abnormal for our society. It is not so rare to see on the news that the...
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Europeisation of Czech Criminal Procedure Law
Fabianová, Zuzana ; Herczeg, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
The topic of this thesis is the Europeanisation of Criminal Procedural Law in the European Union region and in the Czech Republic. The thesis deals with the general questions of Europeanisation of Criminal Law including definition of the institute of Europeanisation of Criminal Law, outline of historical evolution of Europenisation and characteristic of the sources of law and besides concentrates on basic instruments of Europeanisation of Criminal Procedural Law, institutional framework for cooperation and the position of victims and aggrieved person. The last chapter deals with the analysis of fundamental rights and freedoms in the criminal procedure within the process of Europeanisation of Criminal Procedural Law with a view to the judicature of the Court of Justice of the European Union.
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Criminal aspects of domestic violence
Váňová, Radka ; Hořák, Jaromír (advisor) ; Vanduchová, Marie (referee)
Criminal aspects of domestic violence SUMMARY Domestic violence is a serious social concern with high level of latency. The domestic violence victims protection is ensured by legal standarts of Civil, Administrative and Criminal Law and other legal standarts. Criminal Law is one of the important instruments for tackling of serious forms of domestic violence. However Criminal Law is an instrument "ultima ratio" which needs claiming of subsidiarity principal of the crime repression. The purpose of my thesis is to bring a summary of the legal standarts of Criminal Substantive Law and Criminal Procedure, that are dedicated to protect the victims of domestic violence. It also provides the brief analyses of the legal standards with respect to this serious phenomenon. The emphasis is put particularly on the criminal offences maltreatment of a person living in common domestic matters, maltreatment of a person in a guardianship and stalking. From procedural point of view the thesis addresses the issue of the consent of the victim to the criminal prosecution, institute of detention and the status of victims in criminal proceedings. The thesis also makes recommendations for the legislation de lege ferenda. Chapter one outlines theoretical and practical findings of domestic violence, defines the notion and describes...
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Euthanasia
Taschnerová, Lucie ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
Euthanasia was and still is one of the most controversial topics. It is a complex problem that involves religious, moral, medical and legal aspects. My thesis is focused on euthanasia in relation to the law. The aim of the thesis is to analyse the issue of euthanasia from the perspective of legislation in the Czech Republic. The thesis consists of five chapters. The first chapter contains introduction to the topic of euthanasia. The second chapter is devoted to the definition of term euthanasia. Euthanasia is a word of Greek origin ("eu"- good and "thanatos"- death). Its meaning is good, beautiful or merciful death. Nowadays the term is used in the sense of intentionally termination of life on request to relieve pain and suffering. This chapter also includes the definition of forms of euthanasia. The third chapter is focused on euthanasia in the sense of killing on request. In this meaning, euthanasia has never been explicitly regulated in the Czech Republic. But it does not mean that the issue of legislation of euthanasia is not actual. This chapter is subdivided into the three parts. The first part is about history of legislation of euthanasia. The second part is concentrated on legal classification of euthanasia according to the Czech Penal Code. The last part contains the ideas de lege ferenda....
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