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The Crime of Dangerous Stalking under Section 354 of the Criminal Code
Kuřinová, Jana ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Resumé v anglickém jazyce The issue of this thesis is the crime of dangerous stalking, which is set out in section 354 of the Act No 40/2009 Coll., Criminal Code and which criminalizes behavior commonly known under the term of stalking. The thesis aims not only at clarification of the criminal-law aspects of this crime, but also at its presentation in a more complex approach. So the thesis is divided into three parts, which are comprised of seven chapters. The first part, which is comprised of first two chapters, deals with stalking and its victims. This part addresses both the contemporary concept and historical development of this pathological phenomenon, frequency of its incidence, its possible manifestation, impact on pursued individuals and risk, which follow to them from stalking. The second part, which is comprised of third, fourth and fifth chapter, deals with issue of the crime of dangerous stalking itself. This part addresses the process of its implementation in the Czech criminal law and also its criminal- law aspects. So this part analyses this crime and deals also with possibilities of its concurrence with another crimes and with various tools of protection, which for pursued individuals provides the whole legal system. The last third part is comprised of sixth and seventh chapter. These...
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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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Alternatives to unconditional imprisonment
Hrstka, Josef ; Tlapák Navrátilová, Jana (advisor) ; Říha, Jiří (referee)
Josef Hrstka: Alternatives to unconditional imprisonment Abstract The main purpose of this thesis called "Alternatives to unconditional imprisonment" lies in the evaluation of the current alternatives to unconditional imprisonment in the Czech penal law focusing mostly on the substantive aspects of alternative punishments in the narrower conception. Author tried to present proposals based on studying literature, laws, judicial decisions and comparison with foreign legislations, which could lead to improving Czech legal regulation in this area. The thesis is composed of 8 chapters. In the introductory chapter readers are informed about content of the thesis, purpose of the thesis and methods used. Next three chapters deal with topics related to the purpose and functions of punishment, the benefits of alternatives to imprisonment and factors, which counteract against the efforts to reduce prison population. Author deemed necessary to analyze purpose of punishment, before he examined specific alternatives. Author tried to show that some conception of the purpose of punishment supports the use of alternatives to imprisonment, but attention must be also paid to social and economic conditions of offenders. He pointed out that the economic advantages of alternatives must be taken only as a supportive argument not...
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Crime scene inspection
Vrátná, Zuzana ; Štourač, Petr (advisor) ; Musil, Jan (referee)
Examination of s cene of crime When thinking about the topic of my diploma thesis I had quite clear idea that the topic should be from the area of crown-low or criminology, because both of them are my favourite. I have chosen the topic "Examination of scene of crime", because I think that examination of scene of crime is one of the most important processes within the criminal procedure and only with the correct and detailed examination the criminal can be convicted for perpetrated crime. The significance of examination the scene of crime I see in the fact, that it is the only way, how institutions operating in criminal procedures can get information about the relevant incident directly. The thesis is composed of five chapters, which enable us step by step understand and learn about the examination of scene of crime. The first chapter is an introduction and considers the examination as a criminalistic method. This chapter is divided into six parts. The first one explains the conception, principle and signification of examination. Second part is focused on the legal frame of examination. The third part describes types of examination. The fourth part mentions fundamentals of examination, the fifth shows the subjects of examination and the sixth part is dealing with the negative circumstances of examination....
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Stalking
Babčaník, Michal ; Gřivna, Tomáš (referee) ; Vokoun, Rudolf (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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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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Community service punishment and its enforcement
Vitásková, Lenka ; Herczeg, Jiří (advisor) ; Vanduchová, Marie (referee)
The title of the thesis is "The Community Service Punishment and the Execution Thereof". It analyses the alternative community service punishment not only as governed by Czech legal system, but also as covered by legal regulation of this type of punishment in other states. The thesis further describes the relation of the community service punishment to other forms of alternative punishment which are applicable under the Czech legal system and its significance therein. It also covers the topic of the community service punishment according to the doctrine of restorative justice. The thesis includes a brief history of the community service punishment regulation since the middle ages up to nowadays. The goal of the thesis consists in thorough study of the substantive and procedural regulation of the community service punishment not only as set forth by the new Criminal Code and the Criminal Procedure Code, but also as set forth by implementing laws, like e.g. the Probation and Mediation Service Law. The thesis further analyses the execution of the community service punishment as seen from the point of view of all respective actors involved. The thesis comprises eleven chapters. One of the main chapters deals with the de lege ferenda consideration. In cooperation with a Probation and Mediation Service...
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Europeanization of substantive criminal law
Meinlová, Petra ; Scheu, Harald Christian (advisor) ; Gřivna, Tomáš (referee)
Europeanization of substantive criminal law Petra Meinlová This master thesis is focused on the development of police and judicial cooperation in criminal matters in the European Union and the Europeanization of particular crimes. The thesis is composed of four chapters. The introductory chapter defines basic terminology, the European Union with its powers, the European law and the main legal instruments with the effect on criminal law, and finally the part investigating the idea of Europeanization of criminal law. Chapter two focuses on the definitions of police and judicial cooperation in criminal matters. The cooperation in criminal matters is very problematic in relation to the state sovereignty, second part of the chapter outlines the main features of this relation. Chapter three describes the evolutionary process through which the European Union has acquired the competence over criminal law affairs. The cooperation in criminal matters is relatively new field of the European integration. The original purpose of the European integration was the economic cooperation with the target of creation the common market, the founding Treaties of European Community did not refer to the criminal law. The idea of an "European judicial space" was first introduced in the 1970s. Until 1993 criminal law was an...
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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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