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Traffic crime and its prevention
Zemanová, Michaela ; Říha, Jiří (advisor) ; Hořák, Jaromír (referee)
This thesis deals with the issue of traffic crime and its prevention. The topic of traffic crime is a current issue, because transport is a dynamically evolving sector of the economy, but it also brings negatives that affect the most important social values, human life and health. The aim of the thesis is to give a comprehensive treatise on traffic crime, its causes and prevention and to focus more closely on the analysis of criminal offences in traffic. Traffic crime relates to all types of transport, but this work focuses on road transport. The mainstay of the thesis is the analysis of the effective legislation, in particular the criminal law and the assessment whether it meets the requirements of the current situation or it needs to be modified. Traffic crime evolves just like traffic itself. Road users behave differently than they used to. Therefore, the legislation should react and not lag behind. It is important to keep on improving road safety. The thesis consists of five parts. The first one introduces the reader to the topic and explains the key concepts. The second one holds forth on various facts of the cases and provides reflections de lege ferenda. The third one describes the factors causing traffic crime and traffic accidents. The fourth one deals with addictive substances and their negative...
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The crime of torture and other inhuman and cruel treatment
Skovajsová, Klára ; Říha, Jiří (advisor) ; Tejnská, Katarína (referee)
The crime of torture and other inhuman and cruel treatment Abstract This master thesis concerns itself with a concept of torture and other cruel, inhuman or degrading treatment or punishment and how is this concept perceived through the international, regional and last but not least national system of law. Not to mention particular efforts aiming at the eradication of torture and other forms of ill treatment in the context of all the systems of law mentioned above. At the very beginning I am trying to deal with very specific historical approaches towards the torture and other forms of ill treatment themselves. Through this I am trying to provide for more comprehensive view on the given problematics as well as better understanding of why are torture and other forms of ill treatment still subject to controversy. Following chapter is dedicated to legal anchoring of the prohibiton on torture and other forms of ill treatment, especially within the international and regional system of law including particular attempts to define torture and other cruel, inhuman or degrading treatment throughout these systems mentioned above. Next chapter concerns itself with the conception of prohibiton on torture and other forms of ill treatment as a part of the system of fundamental human rights and freedoms followed by thorough...
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Insurance fraud
Nguyenová, Nhan ; Galuška, Jiří (advisor) ; Daňhel, Jaroslav (referee)
The bachelor thesis focuses on the issue of insurance fraud whose number has recently increased. Insurance frauds mainly appear in non-life insurance. The thesis describes the elements of insurance frauds and mentions them in various insurance areas in the 3 most important companies in the Czech Republic. The work contains a detailed analysis of these insurance companies and areas where insurance frauds cause the greatest damage. I also proposed preventive measures and provide a comparison of the current situation of the insurance companies with last year. The aim of my work is to define insurance frauds as a problem weighing our company at present to analyze in detail the problems of insurance companies and to analyze the area of the most frequent occurrences of fraud and to mention preventive measures.
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Crime of fraud, credit, loan and subsidy fraud under section 209-212 of the Criminal Code
Tauber, Jiří ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
(Summary) The main goal of this Master's degree thesis is to thoroughly describe the components of four criminal offences - fraud, insurence fraud, credit fraud and grant fraud pursuant to sections 209, 210, 211 and 212 of Criminal Code, No. 40/2009 Coll. These four criminal offences are classified as crimes against property. This Master's degree thesis deals with constituent elements of the above mentioned criminal offences. The author was focusing predominantly on the actus reus, mens rea, physical and mental elements of these criminal offences. But the thesis isn't confined only to mere description of those elements. The author is also analyzing and describing some of the most important and significant judicial desicions, which relate to this topic. The majority of these judicial decisions was made by the Supreme Court of the Czech republic. In this thesis, the author also deals with the possibility of simultaneity of above mentioned crimes with some of the selected crimes. In the chapter dealing with insurance fraud there is a subchapter which briefly characterizes the main instruments which are used by insurance companies in order to prevent perpetration of insurance fraud. These instruments are very diverese and various - for example, insurance companies are usually using special fraud...
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Criminal Aspects of Artificial Abortion
Hartmanová, Leona ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Criminal Aspects of Artificial Abortion This diploma thesis deals with the issue of artificial abortion, especially its criminal aspects. Legal aspects are not the most important aspects of artificial abortion. Social, ethical or ideological aspects are of the same importance but this diploma thesis cannot analyse all of them. The main issue with artificial abortion is whether it is possible to force a pregnant woman to carry a child and give birth to a child when she cannot or does not want to do so, and whether a state can prosecute a pregnant woman or anyone else for interrupting her pregnancy. The thesis is divided into an introduction, seven chapters and conclusion. After a short introduction, the author of this thesis briefly defines the concept of artificial abortion. The following chapter focuses on two ideological groups - pro choice and pro life. The first group prefers mother's right to self-determination. The second group regards a human foetus as a person and considers killing the human foetus as a murder. The third chapter is dedicated to historical development of artificial abortion. The author regards historical development as an important part of this thesis, especially for understanding the current legislation. The fourth chapter analyzes the current legislation, the Abortion Act...
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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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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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Structure and Development of Criminality in the Administrative Regions of the Czech Republic
Bejbl, Martin ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee)
This thesis is focused on the structure and development of crime in the single administrative regions of the Czech Republic over the period from year 2000 when these new administrative units were established until year 2012. The main aim of the thesis is to map and describe the structure and development of crime in the different parts of the Czech Republic, the profile of typical offenders and crime typical for the given region and last but not least the detection rate of crime committed in the analyzed areas. The text also explains the key terms such as criminology and crime and its structure and development and presents the main sources of data used for the hereabove described analysis. The difference between latent and registered crime is also discussed therein.
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Issues of criminal liability of legal entities
Hudáková, Jana ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
Hudáková, J. Criminal liability of legal persons Criminal liability of legal persons is a significant change to the continental European law. It is a sensible breakthrough into the core principle of an individual criminal responsibility of individuals. In connection with the adoption of Act No. 418/2011 Coll., on the criminal liability of legal persons and proceedings against them, the thesis deals with main aspects of the criminal liability of legal persons in the Czech Republic. After defining of legal grounds of the criminal responsibility author subsequently discusses sanctioning of legal persons. At the same time, the author discusses legal regulation of moral person criminal liability in France. She outlines the principles of criminal liability of legal persons, as well as the conditions for imposing sanctions. The author tries to demonstrate, by means of the attached statistical surveys, the numerous application of this institute in the French legal practice. Finally, the author tries to compare Czech and French legislation in selected aspects.
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