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Progres of Criminal Law in 18th Century in Our Countries
Zíka, Tomáš ; Malý, Karel (advisor) ; Soukup, Ladislav (referee)
The progress of criminal law in 18th century in our country The main theme of this graduation thesis is the progress in substantive criminal law and procedural criminal law in the 18th century in our countries. Part of the work focuses on the codex published in 1803, as it was highly progressive for the period. Its inclusion in the thesis was, therefore, logical and necessary. The whole development of criminal law in Czech countries has been derived from the progress of criminal law of the Habsburg monarchy, which Bohemia was a part of. As a secondary theme the thesis elaborates the historical development of the monarchy in this period, philosophical and religious orientations and beliefs, the greatest thinkers and previous legislation drawn by policy makers in the 18th century and often accepted in the first half of the 18th century. This work also discusses the progress of the structure of capital justice in our country, which focuses mainly on personal and material equipment and the reason for the gradual reduction of capital court. In a special chapter the correction progress of crimes against divine majesty, on which the opinion has changed over the century, is discussed; namely the change from strictly punishable crime to offenses and then their return back to crime. This chapter also includes a...
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Protection of human foetus
Holub, Adam ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
Protection of human foetus - summary The thesis gives a detailed analysis of the extent and standard of protection of the human foetus in the Czech legal system, concentrating on the aspects of criminal law. In the introductory part it presents a brief chronological survey of the synopses of the most significant instruments which constitute the subject of the thesis. The legal institutions concerned are - in the minimum necessary extent - put in the context of several key international agreements, with the emphasis laid on the provisions of the Convention on Biomedicine whose concept significantly influenced that of the Czech medical law. Also the role of civil law and its connection - both as regards the terminology and content - with the other relevant provisions of the legal system are briefly mentioned in the third chapter. However, the thesis focuses mainly on criminal law and therefore its greatest part is concerned with the means by which criminal code guarantees the protection of human foetus. Not only does it give a survey of selected criminal offences and their matters of issue, but it also underlines their connection with the provisions of the first part of the law in question as far as the interpretation and application are concerned. A brief separate chapter deals with the connection of...
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Stalking
Babčaník, Michal ; Jelínek, Jiří (advisor) ; Gřivna, Tomáš (referee)
Resumé The aim of this final thesis is to evaluate stalking - the phenomenon which gained infamy over the last few decades - and its legal definition. Stalking or "dangerous pursuit" (literal translation name of the Czech criminal offence of stalking) is also a new offence under Czech Criminal Code no. 40/2009 which was entered into force on the 1st of January 2010. The main goal of this newly introduced criminal offence is to cover the psychological and social phenomenon of the same name, stalking, and the main goal of this thesis is to critically assess whether this criminal offence, "dangerous pursuit", is successful in criminalizing the stalking phenomenon and whether its form is an effective instrument in fighting stalking. The thesis begins with a short overview which aims to unveil the main ratio behind the call for a legal regulation of stalking. Then a psychological and social peek into the depths of this phenomenon follows (encompassing some of the most widely used typologies and even some clinical opinions on punishing and treating stalkers), which allows to critically evaluate the efficiency of that new criminal offence later on. After this explanation of stalking as a psychological and social phenomenon, comparing the various foreign legal definitions of stalking will follow. The Czech legal...
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Problems of the contemporary Czech prison system
Voldán, Michal ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
The aim of this paper is to analyze the actual problems of the Czech penitentiary system and to find its weak points. It also tries to propose the convenient solutions. The extend is reduced to the Czech prison system and pre-trial or other forms of detention are excluded. The thesis is divided into seven chapters. The first one deals with the finance related issues, which can be marked as the most significant problem. As in the other parts of the world, Czech prisons are beyond the usual sphere of interest of the politicians and therefore face a long-term funds shortage. I am afraid it is not going to change soon. The prison service of the Czech Republic, which keeps our prisons, has to be more efficient in spending money. Privatization or appropriate outsourcing policy is a good example how to achieve it. The second chapter describes overcrowding in the prison facilities. It is considered to be a very actual topic. The law guarantees 4 square meters per a convict, but we are nowadays facing a huge income of new prisoners and the prison capacities are not sufficient. It causes several problems. Inmates live in inhuman and degrading conditions, overcrowding creates underground prison life and it also impedes social reintegration. Another weak point is that the average capacity of the Czech prisons is 500...
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Case-law of Czech courts in the area of environmental protection through criminal law
Zetek, Miroslav ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
The aim of the thesis is to analyse judicature dealing with environmental crime of Czech courts. The reason for my research is fact, that environmental crime is one of the most dangerous for all human kind and there is such a small attention paid to it here in Czech Republic. The thesis is composed of five chapters. Chapter one is introductory and lines out goals of the thesis, terminology and techniques used in the thesis. Chapter two provides an outline of relevant Czech case law. This chapter is subdivided into six parts. Each part looks at special kind of environmental crime such as cruelty to animals, poaching, illegal wildlife trade, forest damage etc. Chapter three concentrates on impact of criminal liability of legal entities on environmental crime. Chapter four examines the infrequency of environmental crime coming before the court. Conclusions are drawn in Chapter Five. Frequent changes of complicated legislation have crucial influence on fighting the blight that is environmental crime. Prosecuting authorities are not motivated to prosecute the environmental crime because of light sentences. Czech courts also sometimes tend to legal positivism which brings out controversial judgements, especially in combination with poor-quality legislation.
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Criminal Law and Criminological Aspects of the Internet Criminality
Krupička, Jiří ; Jelínek, Jiří (advisor) ; Záhora, Jozef (referee) ; Gřivna, Tomáš (referee)
Criminal Law and Criminological Aspects of the Internet Criminality Key words: Internet, Criminal law, Criminology Abstract (EN): Internet criminality is a very young phenomenon; the internet itself was presented in the recent form only about 20 years ago. Nevertheless, the relative youth of the internet does not mean that the internet crimes are less serious or less prevalent than other criminal activities. The mass, relative anonymity and progressive globalization of the internet together with bustling development of computer technology provide both the organized crime and individuals with perfect means to commit all sorts of offences. With regard to its extant, this study is not supposed to serve as an overall and full detailed analysis of the internet criminality. The objective of this paper is a criminological description of socially dangerous phenomenons related to the internet, concretely the origin of these phenomenons in the society, the most frequent modus operandi of the internet crime, means of prevention and the criminal law qualification of the relevant criminal activities. The paper itself is divided into four separate parts. The first part contains a general introduction into the problems of internet criminality. We can find there a definition of the term "internet" and "internet...
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Criminal Law and Euthanasia
Dřímal, Pavel ; Císařová, Dagmar (advisor) ; Vokoun, Rudolf (referee)
Euthanasia represents one of the most controversial topics around the world. As I mentioned in the first chapter there is no worldwide consistency whether to accept the idea of legalization Active Voluntary Euthanasia ("AVE") or not. The goal of this diploma thesis is not to persuade anybody. In approximately 60 pages of the text I am providing readers with some essential information about euthanasia in the Czech Republic. I am also trying to compare the foreign legal regulation of euthanasia and assisted suicide but theoretical ideas as well. The first chapter is mainly trying to capture the reader's focus and setting the theme of my diploma thesis. The second chapter of my thesis is called ,,The Term Euthanasia". This chapter provides readers with several definitions of euthanasia and Physician Assisted Suicide ("PAS") as well as some historic data. The act of euthanasia has its origin in Greek. First word euthanasia is mentioned in old Greek literature. The term euthanasia is composed from two Greek words. Eu which means good or normal and Thanatos which means death. The word euthanasia can be literally translated as a "good death". It should be mentioned that during the centuries the meaning of euthanasia has changed. Today's understanding of euthanasia is ending ones life in order to relieve...
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The issue of life imprisonment
Andrlíková, Naděžda ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
The aim of my thesis is to analyze the issue of life imprisonment. This punishment is in the recently legal order of the Czech Republic the strictest punishment, which is imposed only for the most serious crimes. It is the punishment, which replaced the death penalty in many countries of the world. The goal of my research is to find the answer to question, if the life imprisonment is a convenient punishment for the worst cases of enormity. My thesis deals not only with the law aspects of this problem, but also discusses the sociological, psychological, moral and economical implications too. The thesis is composed of twelve chapters, each of them dealing with different aspects of the issue of life imprisonment. The brief introduction is followed by the chapter about the conception and purpose of the punishment. Chapter Three discusses the problem, if life imprisonment is a sufficient alternative to the cancelled death penalty. After that follows the inevitable chapter about the historical excursion. Next part of my thesis concentrates on the position of life sentence in the system of criminal law in the Czech Republic. The main law aspects of life imprisonment, which are the crux of this thesis, are drawn in chapters Six, Seven and Eight. Here you can find the material and procedural conditions, in...
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