|
|
The crime of fraud pursuant to Section 209 of the Criminal Code
Tomanová, Silvie ; Heranová, Simona (advisor) ; Beranová, Andrea (referee)
101 Criminal offence of fraud under Section 209 of the Criminal Code, abstract, key words Abstract The subject of the thesis is the criminal offense of fraud under Section § 209 of the Criminal Code. The thesis focuses on the analysis of the relevant legal regulation, the systematic classification of the criminal offense of fraud, analysis of the constituent elements of the criminal offense, the comparison of the criminal offense of fraud with other criminal offenses against property, and the presentation of proposals de lege ferenda responding to the current regulation of the criminal offense of fraud. The thesis also examines the criminal offense of fraud from a criminological and forensic perspective and further from the perspective of cybercrime. The thesis is divided into 6 sections and which are further subdivided into individual chapters, sub-chapters, sections, and subsections. In the first section of the thesis, the criminal offense of fraud is systematically incorporated into the Criminal Code among other criminal offenses against property. This section also discusses the relations of property criminality. In the second section of the thesis, the fundamental issues of the criminal offense of fraud are examined, with a particular focus on the analysis of the basic elements of the criminal offense...
|
|
|
The principle of legality and opportunity in criminal proceedings
Vrbová, Johana ; Mulák, Jiří (advisor) ; Beranová, Andrea (referee)
THE PRINCIPLE OF LEGALITY AND OPPORTUNITY IN CRIMINAL PROCEEDINGS Abstract This diploma thesis deals with the issue of the principle of legality and opportunity in criminal proceedings. The aim of this thesis was to establish the development of exceptions to the principle of legality. The introductory part focuses on the conceptual definition of both principles, how the view of expert criminal law authors on both principles has changed until current definition. The section on the definition of both principles is followed by their embedding and form in the criminal codes of the years 1873, 1950, 1956, 1961, up to the current version of the Criminal Procedure Code. On what principles were these criminal codes based and what purpose the principle of legality fulfilled, or whether there were exceptions to this principle in the individual criminal codes. The principle of legality imposes the duty on the prosecutor to prosecute all crimes which he becomes aware of, so the thesis then focuses on this duty and how the principle of legality is related to other general principles. The main focus of this thesis is to analyse the individual exceptions to the principle of legality that are enshrined in the current version of the Criminal Procedure Code and those that are based on directly applicable legal regulation of...
|
|
|
Significance of Victimology for the Prevention of Crime
Stejskal, Radek ; Beranová, Andrea (advisor) ; Hořák, Jaromír (referee)
The diploma thesis title: Significance of Victimology for the Prevention of Crime The goal of this thesis is to, firstly, give a comprehensive theoretical introduction to victimology and crime prevention. Based on the acquired information then analyse, what is the significance of victimology for the prevention of crime and apply the findings to a specific, endangered group of people with the goal of developing a course of action to prevent their victimization. The next goal is to critically evaluate the state of crime prevention in the Czech Republic and to present possible solutions to found shortcomings. The thesis consists of an introduction, conclusion and 4 chapters. The opening chapter focuses on the theoretical introduction of victimology as a scientific discipline, its main concepts and the historical circumstances of its founding. The author will then introduce the main sources of information for victimology and evaluate the benefits they bring to this discipline. The second chapter describes crime prevention as a whole. The author will discuss the relationship between criminal law and crime prevention and introduce the main types of crime prevention, including their evaluation. The third chapter describes victimological prevention in great detail. After the theoretical introduction of...
|
|
|
Adversarial principle in Czech criminal procedure
Staněk, Jakub ; Mulák, Jiří (advisor) ; Beranová, Andrea (referee)
Adversarial principle in Czech criminal procedure Abstract Although the principle of adversarial proceedings is not explicitly enshrined in Section 2 of the Criminal Procedure Code, it is one of the fundamental principles of criminal proceedings, as it provides the accused with the opportunity to actively participate in the ongoing criminal proceedings and, through the presentation of his version of the "truth", to influence the court's decision on his guilt and possible punishment. Based on this premise, the case law of the European Court of Human Rights considers it to be an integral part of the right to a fair trial and, in defining it, emphasises both the right to be informed of all the opinions and evidence discussed in the proceedings and the right to comment on them. However, alongside this subjective conception of adversarial principle, there is a more objective approach, which focuses on adversarial principle as a dispute of opinions of the parties to the criminal proceedings, constituting the very essence of the judicial process and providing the court with an effective means of finding the "truth". The subject of this thesis is therefore an analysis of the various conceptions and functions of the adversarial principle and a critical assessment of the scope and limits of its application at the...
|
|
|
The importance of basic principles of criminal procedure
Frňková, Tereza ; Mulák, Jiří (advisor) ; Beranová, Andrea (referee)
The importance of basic principles of criminal procedure Abstract This diploma thesis is devoted to the basic principles of criminal procedure and their importance in connection with the planned recodification of the criminal code. The aim is to explain the importance of basic principles for criminal proceedings and at the same time to point out the advantages and disadvantages of their valid legal regulation. Next, the proposed recodification wording of the principles is presented and compared with the current one, while an assessment is made as to whether the meaning of the basic principles changes in any way in the proposed wording. For this, it is necessary to use mainly the methods of description, analysis, comparison and synthesis. The work is divided into three chapters and sub-chapters. Chapter one outlines what the purpose of criminal proceedings is and how it relates to the basic principles. The second chapter is devoted to basic principles in general. It discusses the concept itself and further the purpose, meaning and function of principles. The sub-chapters of the third chapter report on the individual basic principles and their specific meaning in the current and proposed wording. The conclusion of the thesis is that the principles as a whole create the framework of criminal proceedings. They...
|
|
|
The issue of synthetic drugs in Czech criminal law
Baloun, Ondřej ; Beranová, Andrea (advisor) ; Bohuslav, Lukáš (referee)
anglickém jazyce The inner functioning of human nervous system allows for changes in states of mind after a consumption of specific substances. It is well known that these changes have an impact on the health of a consumer, be it acute or chronic. The undesirable effects are multiplied, if the consumption grows in scale to a society-wide issue and is not properly addressed. Any health damage is followed by social effects that endanger the cohesion of a society. States reacted to this development by a wave of drug regulation, be it their consumption or distribution, through international and domestic legal instruments. This approach is at present time unable to tackle the problem of so called "synthetic drugs". Synthetic drugs are unregulated chemical analogs of illegal drugs. They offer to users' effects very similar to conventional drugs, only without legal barriers and at a fraction of a price. The dangers of synthetic drugs are twofold. Not only are they more accessible to users, but they are also exponentially more dangerous and unpredictable. Dozens of new substances appear in the European market without their effects on human body being studied previously. Czech Republic has tools with which it regulates new synthetic drugs. This process is however often at odds with constitutionally guaranteed...
|
|
|
English Instruction for Children with Specific Learning Disabilities in the Lower Grades of Primary Schools
Beranová, Andrea ; Kucharská, Anna (advisor) ; Májová, Ludmila (referee)
Diplomová práce "Výuka anglického jazyka u dětí se specifickými poruchami učení na 1 .stupni základních škol" se v teoretické části zabývá obecnými informacemi o specifických poruchách, psychologickým pozadím výuky cizího jazyka jako takového a problematiky výuky cizích jazyků u dětí se specifickými poruchami učení. V této kapitole se zejména zaměřuje na zmapování oblastí problémů a jejich projevů ve výuce. V praktické části je práce zaměřena na zjišťování názorů rodičů, týkajících se domácí přípravy na hodiny cizího jazyka za účelem zmírnění obtíží, které se mohou u dětí projevovat. Dále také se snaží zjistit názory dětí samotných a v neposlední řadě i přístup učitelů k výuce cizího jazyka u dětí se specifickými poruchami. V přílohách jsou uvedeny některé ukázky vyplněných dotazníků rodičů a dětí, otázky, které byly pokládány učitelům a seznam elektronických zdrojů materiálů pro výuku cizích jazyků. Powered by TCPDF (www.tcpdf.org)
|
|
|
Current issues of collateral proceedings
Lehejčková, Petra ; Beranová, Andrea (advisor) ; Tejnská, Katarína (referee)
Current issues of collateral proceedings This thesis deals with one of the current issues of the so-called collateral proceedings, namely the compensation for non-material damage in the case of bodily harm and compensation for non-material damage in the case of killing or particularly serious bodily harm in these proceedings. This issue is very topical mainly due to a fundamental change in the legal regulation of the compensation for non-material damage in question brought by the Civil Code in 2014. This topic is also very specific as criminal, civil and medical law intertwine in it. The thesis contains chapters occupying on criminal law institutes of the injured party and collateral proceedings, which are topics closely related to the focus of this work and their explanation should be included in the thesis for the purpose of understanding of the selected topic. However, main part of the work focuses on the private law regulation of the compensation for non- material damage in the case of bodily harm and compensation for non-material damage in the case of killing or particularly serious bodily harm according to sec. 2958 and sec. 2959 of the Civil Code. The thesis is divided into four parts. The first part deals with the injured party as it is the main subject of collateral proceedings. This part...
|
|
|
THE CRIME OF MURDER - JURISTIC, CRIMINOLOGICAL AND FORENSIC ASPECTS
Zárubová, Tereza ; Mulák, Jiří (advisor) ; Beranová, Andrea (referee)
1 THE CRIME OF MURDER - JURISTIC, CRIMINOLOGICAL AND FORENSIC ASPECTS ABSTRACT The objective of this diploma thesis is to formulate complex view on the crime of murder from the perspective of three scientific field - juristic, criminological and forensic - and in three parts to create comprehensive set of information about the most serious crime against human life. First part is dedicated to juristic aspects and it contains development of legislation in time, which by its gradual adjustements led to current legislation. Then the current legislation of the crime of murder is described in details and it is also compared with other crimes against human life and with legislation of selected states. In one of the chapters there is definiton of euthanasia, which is illegal in Czech republic, but this thesis offers comparation with legislation in other states, where euthanasia is legal. In the second part the crime of murder is described with criminological aspects. There are many statistics and graphs showing state, structure and dynamics of this crime in the Czech republic in past few years. One chapter is dedicated to a offender, including psychological treatise, statistics based on gender or relaps, and information about motives for committing. Next chapter is dedicated to the victims and it offers graphs and...
|
|
|
Crimes Against Family and Children - Criminal and Criminological Aspects
Josieková, Vladislava ; Mulák, Jiří (advisor) ; Beranová, Andrea (referee)
Crimes Against Family and Children - Criminal and Criminological Aspects This thesis gives an expert and comprehensive interpretation of the issue of crimes against the family and children as a whole and examines these crimes from both the criminal and criminological points of view, providing the reader with an interpretation beyond the definitions provided by textbooks or commentary literature. In order to achieve these objectives, the work is divided into four chapters. The first chapter deals with the establishment of special protection of family and children in the legal order of the Czech Republic and its development, not only with regard to criminal law protection, but also on the matter of protection of children, and family in the field of international law, as well as national protection already guaranteed by the Charter of Fundamental Rights and Freedoms of the Czech Republic. The second chapter of this thesis is divided chronologically into nine parts, which are named after the individual crimes contained in Title IV of the Criminal Code. The interpretation focuses on the analysis of the central concepts necessary to understand the issue of the offence in question, and the individual offences are examined in particular with regard to the characteristics of the facts of the individual...
|
guest ::
RSS feed.