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Crimes related to substance abuse
Abu Dayeh, Christián ; Říha, Jiří (advisor) ; Hořák, Jaromír (referee)
Crimes related to substance abuse Criminal offences related to substance abuse are still a highly topical issue having serious social, health-related, financial and security impacts on the whole society. Since the subject is very broad, I decided to focus on substantive law of so-called drug-related crimes. The thesis is divided into eight sections. In the first one I define the basic terms that are frequently used in the thesis and whose definition is crucial for understanding the text as a whole. Second section contains historical background of the current legal form of drug- related crimes in the Czech Republic, while also some international legal rules are included as they influenced local legal development as well as many legal obligations result from them for the Czech Republic until the present. Third section covers current legislation; it contains a common introduction for individual elements of the drug-related offences as well as a broader context within the Penal Code, and it also mentions certain non-penal legislation that is closely connected to this topic. Substance of this thesis is in sections 4 - 8 describing individual elements of the drug offences. In each section there is also some part devoted to analyzing current issues. In the fourth section I deal with an act of cannabis...
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Criminal offence of the unauthorised production and other handling of narcotic and psychotropic substances and poison under section 283 of the Criminal Code
Janoušek, Jaroslav ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The main topic of the presented thesis is a criminal offence of unauthorised production and other handling of narcotic and psychotropic substances and poison under the section 283 of the Criminal Code. The issues raised in this thesis could be considered as permanently topical, since the drug scene is constantly evolving together with the national and international drug policies which are changing as well. This thesis is divided into introduction, five chapters and conclusion. First chapter is focused on a brief historical overview of drug offences with main focus on an unauthorised production and other handling of illegal substances. This chapter also describes gradual development of the legislation regulating unauthorised production and other handling of illegal substances. Second chapter deals with the most significant international treaties and legislation of European Union related to the main focus of this thesis, which have substantive impact on the Czech national legislation regarding the criminal offence under section 283 of the Criminal Code. These regulations are analysed especially in the relevant parts, that are implemented into Czech legislation and that have direct impact on the current version of the criminal offence under section 283 of the Criminal Code. In the third chapter author...
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Crime relating to the abuse of addictive substances
Mandík, Jan ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The purpose of my thesis is to analyse crime relating to the abuse of addictive substances. This is a very broad topic that affects many non-legal areas such as health care or economy. It is also associated with many criminological questions. However, in my thesis I focused on drug offences stated in the Czech Criminal Code. This topic was already processed several times, yet it still remains topical since the drug scene is constantly evolving, especially thanks to advanced technologies. The thesis is composed of seven chapters and the first chapter is aimed on defining the basic terms, which I consider crucial for the understanding of the issue. In this chapter I also define the basic terminology used in the thesis. The next chapter deals with the history of the legal regulation of the abuse of addictive non-alcoholic substances. I focused especially on the national legislation and to the limited extent also on international treaties. The first act I mentioned is "Břetislav decrees" from 1039 and gradually I'm getting to the current Criminal Code. One part of the chapter is devoted to the previous Criminal Code no. 140/1961 Coll. The merit of my thesis is contained in the chapters 3 - 7. Each chapter describes one of the drug offences, which are found in the articles 283 - 287 of the Criminal Code....
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The Crime of Trafficking in human beings
Kučera, Václav ; Bohuslav, Lukáš (referee)
The aim of the thesis is to investigate the crime of Trafficking in human beings from the point of view of substantive criminal law in the Czech Republic, to analyze its weaknesses and propose their solution. The investigation should include an assessment of whether the Czech Republic's regulation is in line with international law obligations to criminalize this crime. In this work, compilation, legal-historical, analytical and general and legal interpretation methods are used. The first part is an introduction to the issue of human trafficking. This part introduces the subject of the social deviant phenomenon and points out the necessity of its perception in various, not only legal, fields. The following is a historical outline of the development of looking at human trafficking. In the second, fundamental part of the thesis, there is an analysis of the valid substantive criminal law, which deals with human trafficking. This hermeneutic-critical analysis serves to determine the problems that are proposed in the third part of the thesis. The work for quality analysis explores the historical basis of the legal regulation of the crime of trafficking in human beings. It also sets out the three most important sources of international law, which affect the current regulation and compares whether they are...
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The issue of legal regulation of drug related crimes in Czech criminal code
Janošíková, Veronika ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
The issue of legal regulation of drug related crimes in Czech criminal code Abstract The thesis deals with the alcohol and drug-related substantive crimes and aims to provide the reader with the detailed analysis of the basic substituent elements of a crime with the analysis of the basic terms of the problematic and application of the existing case law. The analysis of some vague terms which are the subject of unending discussion of both the legal community and the general public is also provided in the thesis. I processed the thesis with the focus on the substantive law with emphasis on the drug- related crimes regulated in legislative provisions § 284 to § 287 of the Criminal Code and further on the chosen crimes from the area of secondary drug-related criminal activity, especially on the crime of endangerment under the influence of drugs or alcohol according to provision § 274 of the Criminal Code and the crime of drunkenness according to provision § 360 of the Criminal Code. The thesis is divided into eleven chapters. The first chapter is dedicated to the problematic of addictive substances in terms of their characteristics, division into groups according to their properties and effects and within them are listed the most known addictive substances. Furthermore, it focuses on the individual risks...
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Crime relating to the abuse of addictive substances
Pacovský, Josef ; Bohuslav, Lukáš (referee)
Crime relating to the abuse of addictive substances The abuse of addictive substances is an issue of the whole society, which in current globalized world, considering continuous development of drug scene, still remains topical. The abuse of addictive substances, as a significant criminogenic need, relates to all kinds of different criminal offences, both those committed by addicts and those committed against them. This includes for example property crimes, crimes against life, person and health, or endangerment. Because of such wide scope of crimes related to the abuse of addictive substances, the focus of my work is on substantive regulation of so-called drug offences, which is stated in the articles 283 - 287 of the Criminal Code. The purpose of this thesis is to analyse constituent elements of the particular drug offences, coherent case-law, as well as some questionable issues related with this kind of criminal offences. It is for instance, the issue of determining the term "greater than the small amount" and regulation of making cannabis accessible for medical use. Higher consideration is given to the questions of so called growshops and the issues of the distribution of drug addiction. The thesis is divided into general part and special part. In the general part, there is a definition of some...
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Crime relating to the abuse of addictive substances
Pacovský, Josef ; Bohuslav, Lukáš (referee)
Crime relating to the abuse of addictive substances The abuse of addictive substances is an issue of the whole society, which in current globalized world, considering continuous development of drug scene, still remains topical. The abuse of addictive substances, as a significant criminogenic need, relates to all kinds of different criminal offences, both those committed by addicts and those committed against them. This includes for example property crimes, crimes against life, person and health, or endangerment. Because of such wide scope of crimes related to the abuse of addictive substances, the focus of my work is on substantive regulation of so-called drug offences, which is stated in the articles 283 - 287 of the Criminal Code. The purpose of this thesis is to analyse constituent elements of the particular drug offences, coherent case-law, as well as some questionable issues related with this kind of criminal offences. It is for instance, the issue of determining the term "greater than the small amount" and regulation of making cannabis accessible for medical use. Higher consideration is given to the questions of so called growshops and the issues of the distribution of drug addiction. The thesis is divided into general part and special part. In the general part, there is a definition of some...
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Crime relating to the abuse of addictive substances
Pacovský, Josef ; Říha, Jiří (advisor) ; Hořák, Jaromír (referee)
Crime relating to the abuse of addictive substances The abuse of addictive substances is an issue of the whole society, which in current globalized world, considering continuous development of drug scene, still remains topical. The abuse of addictive substances, as a significant criminogenic need, relates to all kinds of different criminal offences, both those committed by addicts and those committed against them. This includes for example property crimes, crimes against life, person and health, or endangerment. Because of such wide scope of crimes related to the abuse of addictive substances, the focus of my work is on substantive regulation of so-called drug offences, which is stated in the articles 283 - 287 of the Criminal Code. The purpose of this thesis is to analyse constituent elements of the particular drug offences, coherent case-law, as well as some questionable issues related with this kind of criminal offences. It is for instance, the issue of determining the term "greater than the small amount" and regulation of making cannabis accessible for medical use. Higher consideration is given to the questions of so called growshops and the issues of the distribution of drug addiction. The thesis is divided into general part and special part. In the general part, there is a definition of some...
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The Crime of Trafficking in human beings
Kučera, Václav ; Bohuslav, Lukáš (referee)
The aim of the thesis is to investigate the crime of Trafficking in human beings from the point of view of substantive criminal law in the Czech Republic, to analyze its weaknesses and propose their solution. The investigation should include an assessment of whether the Czech Republic's regulation is in line with international law obligations to criminalize this crime. In this work, compilation, legal-historical, analytical and general and legal interpretation methods are used. The first part is an introduction to the issue of human trafficking. This part introduces the subject of the social deviant phenomenon and points out the necessity of its perception in various, not only legal, fields. The following is a historical outline of the development of looking at human trafficking. In the second, fundamental part of the thesis, there is an analysis of the valid substantive criminal law, which deals with human trafficking. This hermeneutic-critical analysis serves to determine the problems that are proposed in the third part of the thesis. The work for quality analysis explores the historical basis of the legal regulation of the crime of trafficking in human beings. It also sets out the three most important sources of international law, which affect the current regulation and compares whether they are...
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Crime relating to the abuse of addictive substances
Koula, Ivo ; Říha, Jiří (advisor) ; Hořák, Jaromír (referee)
Název práce, abstrakt a klíčová slova v anglickém jazyce Title Criminal offences related to substance abuse. Abstract The main purpose of this work is to acquaint the reader with the Czech legal regulation of the so-called drug criminal offenses defined in the provisions of Sections 283 to 287 of the Criminal Code in the view of substantive law. This work will provide a general description of individual relevant crimes, their interpretation, as well as analysis of some terms that are associated with these crimes and which are still under discussion. Overall, the work is divided into six parts. The first part is devoted to the explanation of several basic terms, which are used in the work and whose understanding is necessary to understand the rest of the text, as well as the purpose of some legal provisions, which are further addressed. The second part deals with the issue of addictive or narcotic and psychotropic substances as such. This part provides several possible variations of the classification of these substances into groups and subgroups according to various aspects. Finally, the individual groups of addictive substances are mapped with regard to their characteristic psychoactive effects, toxicity or ability to induce psychological or physical dependence on an individual. For each of the groups of...
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