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Criminological aspects of crimes committed by legal entities
Tichonov, Alexandr ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
1 Criminological aspects of crimes committed by legal entities Abstract The subject of this work is problematic of criminological aspects of crimes committed by legal entities, and the individual definition of a legal entity as a criminal offender. The institute of criminal liability of legal entities is relatively young, provided that the research in this field began in the second half of the 20th century. In the nowadays the research of criminal liability of legal entities is still actual topic, namely because it is massive, often concealed, sophisticated and dangerous phenomenon. The importance of research of this criminal activity grows in line with globalization of world economy and the growing importance held by the legal entities in society. The outputs of the researched issue can thus enable an adequate response to the crimes of legal entities and help create effective prevention programs. This work is divided into four parts. The introductory first part explains the terms "criminology" and "crime" in general, introduces the terminological and methodological apparatus of crime investigation, explains the concept of legal entity - the perpetrator of the crime. The second part deals with the history of criminal liability of legal entities in the world and the change in the understanding of crime. It...
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Defence by the defence counsel in the trial
Juráň, Martin ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Defence by the defence counsel in the trial Abstract The thesis provides the reader with practical overview of the exercise of the rights and obligations of the defense counsel during the trial phase. The aim of the thesis is, in addition to a comprehensive definition of the rights and obligations of the defense counsel in relation to the trial phase of the criminal proceedings, to also set out controversial issues of interpretation of norms of the criminal procedure and deficits of the criminal procedure regulations and outline their possible solutions with regard to the right of defense. The thesis is systematically divided into two parts, the first of which deals with a brief and general description of concepts related to the scope of the thesis. These are, in particular, the right of a fair hearing, the institute of a defense counsel and the stages of the criminal proceedings with an emphasis on the concept of trial phase. The second part is designed taking into account the practical nature of the topic and provides a detailed analysis of the exercise of the rights and obligations of a defense counsel in the trial phase. Emphasis is placed primarily on the exercise of such rights and obligations by which the defense counsel has the opportunity to influcence the decision of the court in favor of the...
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Criminological and criminal law aspects of the ransomware spread
Oborák, Daniel ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The subject of this diploma thesis is the ransomware spread, which is currently one of the most prominent global cybernetic threats. Ransomware is malicious code that, when activated on a computer system, usually blocks access to that system or encrypts the data contained in it, which is then used to blackmail the user. This thesis deals with criminological and criminal aspects of this phenomenon. In its criminological part, this thesis deals with the issue of the etiology of the ransomware spread and its criminogenic factors, while examining, among other things, the applicability of cybercriminological theory named space transition theory to a given phenomenon. It also deals with the victimological aspect of the matter, listing the most fundamental factors influencing victimization, both in the case of widespread non-targeted ransomware attacks and in the case of specifically targeted attacks. It also examines the issue of the high latency of this phenomenon and cybercrime in general and the possibility of prevention, which it considers to be the best way to defend against a ransomware attack. In particular, it deals with the issue of ransomware attacks on hospitals and critical infrastructure, and also raises the issue of the increase in the number of attacks due to the COVID-19 pandemic. The...
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Criminological aspects of cybercrime
Kopáč, Jan ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Today, the phenomenon of cybercrime can no longer be considered something obscured or unknown to the general public. Yet the majority of general population is aware of only a fraction of the offenses committed in cyberspace. As a result, a substantial proportion of Internet users act in violation of valid legislation in cyberspace, whether they do so knowingly or not. Cybercrime cannot be considered less dangerous than other forms of crime. On the contrary, due to its availability, globality and possible distance of the offender from the crime itself, this kind of criminal behaviour is on the rise year by year and its effects are becoming more severe, mainly due to the dependence of today's society on information and communication technologies. The aim of this thesis is to provide an introduction to the cybernetic world crime and offer a general view of the various aspects of this criminal activity. The introduction of my thesis deals with detailed description of the basic terminology present throughout the whole thesis and contains a brief description of the history and origins of the computer and Internet. An essential part of my thesis is the presentation of the legislative framework in the field of cybercrime regulation. This section mentions the laws that apply in the cyberspace environment...
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Conditional discontinuance of criminal prosecution
Žďánský, Michal ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Conditional discontinuance of criminal prosecution is a method for alternative dispute resolution of criminal cases, also labelled "diversions" by the professional public. It is a criminal procedural measure allowed to be used for case settlement by the court and at the pre-trial stage by the public prosecutor on conditions laid down in the Criminal Code. If the accused committed minor offence and afterwards pleaded guilty; compensated for damages; returned unjust enrichment, or concluded a contract to compensate for damages or to return the unjust enrichment; or he has taken other necessary measures to do so, the determining authority can - with consideration of the accused's character - thereafter decide to conditionally discontinue criminal prosecution. If the accused has committed a serious offense, the public prosecutor or the court may take such decision only if the accused fulfills additional and stricter condition. That is, a probationary period must be determined in the resolution phase, obligating the accused to behave in an orderly way for its duration. If this condition is met, the determining authority will rule that the accused proved himself and then subsequently discontinue criminal prosecution. Otherwise, prosecution will continue, which can potentially lead to indictment and...
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Nemo tenetur se ipsum accusare principle
Konečná, Zuzana ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Nemo tenetur se ipsum accusare principle Abstract This thesis deals with the concept and selected aspects of the nemo tenetur se ipsum accusare principle. This principle is one of the fundamental pillars of defence in criminal proceedings and is closely related to the right to a fair trial. The thesis focuses on the principle's theoretical starting points and attempts to outline problematic issues related to the interpretation of its content when applied in practice, particularly with regard to the permissible degree of coercion. The first chapter of the thesis deals with the historical development of the principle in both the continental and anglo-american legal systems. The second chapter contains an overview of how the principle is ensrished in international and national sources of law. The third chapter deals with the relationship between the privilege against self-incrimination and the right to remain silent based on the case law of the European Court of Human Rights and the US Supreme Court. The fourth chapter is devoted to the evidence, in particular the procedural consequences of an infringement in the proceedings, focusing on lawful and unlawful methods of coercion and the individual defects resulting therefrom. The chapter also includes treatise on the doctrine of fruit from a poisoned tree, which...
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Comparison of legislation concerning criminal liability of legal entities in the Czech Republic and the Slovak Republic
Kubala, Tomáš ; Tejnská, Katarína (advisor) ; Bohuslav, Lukáš (referee)
Comparison of legislation concerning criminal liability of legal entities in the Czech Republic and the Slovak Republic Abstract This master thesis deals with a very recent phenomenon of criminal liability of legal entities. Its recent implementation into national legislation of the Czech and the Slovak Republic provides evidence of its current relevance, which is followed by relentless criticism, lack of clarity and application difficulties confirms its currency. Nevertheless, discourse about its implementation by legislations of various countries around the globe can be seen in ancient history. Therefore, the first part of this thesis deals with the introduction of historical background and analyses in detail the development of this doctrine. Furthermore, it also examines the development of international discussion and lays down several international legal documents which serve either as recommendations or impose obligation onto the parties to introduce proper liability of legal entities. The most relevant part of this thesis consists of the comparison of current national legislation of the criminal liability of legal entities in the Czech and the Slovak Republic. But it also doesn't avoid the necessary line of reasoning of social essentiality of this doctrine including the disproval of reasoning which...
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Self-defense and Necessity: Current Issues
Fridrich, Daniel ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
1 Self-defense and Necessity: Current Issues Abstract This diploma thesis concerns the institutions of self-defense and necessity as circumstances excluding unlawfulness, and current issues related to them. Both institutions entail the possibility of individuals to act in order to protect their interests, as protected by criminal law. These interests can be individual or society-wide. Such conduct may be considered a criminal act, however, upon meeting statutory conditions, the unlawfulness of such conduct is excluded entirely. Therefore, it will not be a criminal act and the individual cannot be punished, neither under criminal law, nor legal rules of other legal areas. The aim of this thesis is to focus on current aspects of these institutions. Furthermore, the thesis explores whether the institutions' conditions are appropriately set for individuals acting within them and whether the legislation gives courts sufficient room for assessing specific situations. The resulting finding is that both institutions are effective at reacting to a large number of situations, including those that have only recently started emerging. The institutions' conditions are set in an accommodating manner, and allow the courts a wide margin of discretion. The first chapter defines the circumstances excluding unlawfulness in...
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Selected Issues of Criminal Proceedings against a Legal Entity
Čabrádek, Josef ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Selected Issues of Criminal Proceedings against a Legal Entity Abstract As the name implies, this work deals with selected issues of criminal proceedings against a legal entity. In the presented work, the author aims to draw attention to some difficulties that may arise in criminal proceedings due to the typical nature of legal entities, and to the selected institute of criminal procedural law comparison of the application of principles of criminal proceedings between natural person and legal entities. In fact, the initial problem may be that the current criminal law relating to legal entities is launched briefly. Therefore, this work reflects the current special legislation governing criminal proceedings against legal entities in the sense of Act No. 418/2011 Coll., of criminal liability of legal entities and proceedings against them, applying the relationship of subsidiarity to the general legislation of criminal procedural law, namely Act No. 141/1961 Coll., of Criminal Procedure. At first, the author briefly addresses the question of whether the principles of criminal proceedings apply to criminal proceedings against a legal entity. For the purposes of further formulation of this work, the author simultaneously discusses in the first chapter the principle of equality before the law. In other parts of...
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Appeals in criminal proceedings
Dvořáková, Radka ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Appeals in criminal proceedings Abstract This diploma thesis deals with appeals in criminal proceedings. The aim was mainly to analyse the current legislation on appeals and the problematic areas of this institute from the perspective of experts in the field of criminal law, where the thesis offers their different views on fundamental issues related to appeals. These questions concern in particular the functioning of this institute in practice, its effectiveness, economy and efficiency, as well as the evaluation of the principles on which the appeal is based with de lege ferenda considerations. For better orientation of this criminal institute the thesis first maps the development of appeals in criminal proceedings during the second half of the 20th century and the 21st century, when three criminal codes and fundamental amendments gradually came into force, in which the regulation of appeals sometimes changed fundamentally to the current form. In order to get acquainted with the essence of the functioning of this institute of work, it also presents the basic principles and principles that are applied in appeal proceedings. The thesis also introduces the reader to the current legislation of the appeal, when it deals with its nature, characteristics and basic properties, discusses the subject, content and...
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