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Europeanization of Criminal Law
Slezák, Marek ; Kopečný, Zdeněk (advisor) ; Jelínek, Jiří (referee)
Europeanization of Criminal Law Abstract The topic of this diploma thesis is europeanization of criminal law. It can be described as a process of approximation of criminal legislation of european countries. This process typically gets set in motion by organizations in which european countries associate. Said organizations use europeanization as one of the tools for achieving their goals. The goal of the thesis is to analyze how the process of europeanization of criminal law developed so far and to examine the tools which the organizations use in order to approximate the legislation of their member states. At the same time it also aims to point out some practical challenges which arise both generally in the organizations themselves and specifically as part of the application of selected tools. The first chapter is concerned with the tools the most important European organizations, the Council of Europe and the European Union, use to approximate their member states' criminal law legislation in general. It provides a brief look into their history and into the changes of the tools used throughout it. It also points out that not all the member states of the organizations might participate in their cooperation methods to the same extent. The second chapter then examines the most important institutions which...
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EU linguistic regime in practise: comparison of availability of documents in Czech, French and English language on the website of the OLAF
PÁNKOVÁ, Lucie
The topic of this bachelor thesis is the EU linguistic regime in practice: comparison of availability of documents in Czech, French and English language on the website of the OLAF. (European Anti-Fraud Office) The theoretical part describes the institutional system of the European Union and the location of OLAF in this system. Afterwards, introduces the development of international judicial cooperation and, in connection with that, the formation and functioning of the agency OLAF, which is focused on the protection of financial interests of the EU. Last chapters of the theoretical part are aimed at the issue of multilingualism of the European Union. First of all, the practical part deals with an analysis of the structure of OLAF´s website. After that, it analyses and compares the availability of documents in English, Czech and French language on the above-mentioned website. The results of analysis are finally evaluated in conclusion. At the very end of the practical part, a three-language glossary of terms related to the issue of the protection of the EU´s financial interests, was drawn up.
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Judicial and Police Cooperation in the European Union
Coufalová, Tereza ; Jelínek, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee) ; Sváček, Jan (referee)
The criminal justice as well as the persons participating in criminal proceedings, they both are currently facing number of newly posed challenges and unanswered questions so far, due to the onward going integration of the European Union and much closer cooperation of the Member States, in the field of the Procedural Criminal Law. There have been established many new institutions within the field of the European Union in last few years and there were adopted many legal tools which directly influence the cooperation between the judicial and police authorities of individual countries. In connection with newly emerging forms of the crime and more coherent cooperation of the perpetrators of severe crime, the relevant authorities at the union level as well as at the national level encounter situations not being resolved at all, or which are specified by theoretical standards only and have not been put into practice yet. Due to the diversity and abundance of the legal tools and institutions which interfere the criminal law sphere without adjusting their mutual cooperation or without having sorted out the priority of application in many cases, the author of this thesis considers as an appropriate to have such comprehensive view to this relevant issue introduced to the specialized public, as well as having...
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Cybercrime: Selected issues of prosecution in international environment
Rademacherová, Kristina ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The thesis deals with an issue of cybercrime prosecution in international environment. The text focuses on particular problems met by law enforcement agencies when prosecuting cybercrime. Within the prosecution, the emphasis is put on the aspects of detection and investigation of cybercrime. Within the thesis, cybercrime is understood as a part of computer crime. Computer crime is approached rather as global crime due to typical characteristics of information and communication technologies. Therefore, the international cooperation of law enforcement agencies is considered crucial. First chapter introduces the issue of computer crime, including adopted terminology. It discusses the transformation of computer crime and cybercrime following its historical development and broad forms of modus operandi. Criminological findings about perpetrators and victims of computer crime are discussed likewise. Second chapter deals with criminal law jurisdiction and enforcement within cyberspace. The accent is put on local applicability of criminal law and related jurisdictional conflicts with possible remedies. Third chapter concentrates on the interconnection of computer crime and organized crime, as well as computer crime and terrorism. Why and how are the perpetrators of organized crime and terrorism abusing...
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Legal Aspects of Cooperation between the International Criminal Court and the Czech Republic
Opatová, Helena ; Bílková, Veronika (advisor) ; Balaš, Vladimír (referee)
1 Abstract This thesis presents an analysis of the mutual relationship between the Rome Statute of the International Criminal Court and the legislation of the Czech Republic with a special regard to the legal obligation of the Czech Republic to cooperate with the International Criminal Court. The Czech Republic committed itself by the ratification of the Statute of the International Criminal Court (Rome Statute) to provide international judicial cooperation to the International Criminal Court. For this reason the thesis attempts, via analysis of legal instruments, to compare the link between the Rome Statute and the relevant Czech legislation, especially the constitutional and criminal law. The purpose of this thesis was to find answers for the following questions: whether the Rome Statute is in accordance with the constitutional order of the Czech Republic, whether the crimes in the jurisdiction of the International Criminal Court are sufficiently covered by the Czech criminal law and whether the Czech law allows procedural steps required by the Rome Statute.
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