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The influence of the real rape stereotype on decision-making practice in acquaintance rape cases
Šimkovská, Nella ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
1 Abstract The influence of the real rape stereotype on decision-making practice in acquaintance rape cases Although the crime of rape is a very serious interference with dignity and subsequent decisions in future intimate life, there are many myths related to this issue among the lay public and in decision-making practice, which are reflected in discussions about this issue. The diploma thesis deals with the question of myths about so-called "real" rape and their influence on decision-making practice regarding acquaintance rape. Acquaintance rapes are not only and exclusively between two steady partners. These are rapes where the victim and the perpetrator have known each other for more than 24 hours - this includes family, friendship, collegial relationships and other acquaintances. Using the method of content qualitative analysis, a total of 337 valid court decisions of regional and district courts were collected on the basis of the Act on Free Access to Information. The work first defines the concept of myths about "real" rape, including the definition of its sub- parts, which will be processed within the work. Subsequently, the thesis analyzes five myths related to the central issue: a) Rape perpetrators are mostly strangers in relation to the victims; b) Rape perpetrators suffer from paraphilia; c)...
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The principle of subsidiarity of criminal repression
Bauerová, Kristýna ; Mulák, Jiří (advisor) ; Richter, Martin (referee)
The subject of this master's thesis is the principle of subsidiarity of criminal repression, which is one of the most important principles of substantive criminal law. According to this principle, the means of criminal law can only be applied to cases that reach the required level of social harm, and at the same time, in these cases, the application of liability under another legal enactment is sufficient. The thesis is divided into three chapters, which are subdivided into subsections. In the first chapter, the basic principles of substantive criminal law and their possible relationship to the principle of subsidiarity of criminal repression are discussed in more detail. This part is followed by a definition of the concept of subsidiarity of criminal repression. The concept of ultima ratio is inextricably linked to the principle of subsidiarity of criminal repression. For this reason, a separate subsection is devoted to their mutual relationship within the first chapter of the thesis. As part of the thesis, attention is also paid to the relationship between criminal liability and liability under private and administrative law. The provision of the Criminal Code containing the principle of subsidiarity of criminal repression raises questions about its significance for the application of criminal...
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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...
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Appeal
Houdková, Martina ; Mulák, Jiří (advisor) ; Richter, Martin (referee)
Appeal Abstract This Master's thesis introduces the Czech legal regulation of the institute of appeal in criminal proceedings. First of all, it focuses on the subjective and objective conditions of appeal and analyses the course of proceedings before the court of appeal. The main aim of this work is to present the concept of the current legal regulation and thus provide the reader a basic and comprehensive concept of this remedy. This thesis offers a view of the individual points of the current regulation of the institution of appeal through the eyes of experts in the field of criminal law and at the same time presents my own views. The thesis also briefly discusses and evaluates the forthcoming changes to the appeal procedure that are contemplated by the government's draft to recodify the Code of Criminal Procedure, which was presented to the public in the autumn of 2022. Chapter one is a brief excursus into the system and nature of legal remedies, which provides an important introduction to the subject of appeal and an understanding of the institution itself. This is followed by a chapter dealing with the basic and specific principles that substantially affect the appeal process that is built upon them. Knowledge of the various principles and their application in the appeal process is essential for...
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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...
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Child as a victim of sexual crimes
Telska, Rosalie ; Čírtková, Ludmila (advisor) ; Mulák, Jiří (referee)
Child as a victim of sexual crimes Abstract Child sexual abuse is a very serious issue on a global scale. Although child abuse is gradually being de-tabooed and has more space, there is still a significant amount of people in our society who believe that this problem should be looked at as a personal matter of each family to be resolved on their own. Precisely this opinion is the factor that does not allow children to reach the support they so desperately require and reduces the likelihood of detecting the criminal activity and punishing the perpetrator. It is therefore essential for appropriate education to be offered to our population containing enlightenment on the issue of sexual abuse of children and the specific features that are typical for this type of criminality. Children are much more vulnerable as victims than adults. It emerges from their physical and psychological prerequisites. They are smaller and weaker. Their psyche is not yet fully developed, so they are more impressionable, trusting, submissive and open. At the same time, they do not yet possess fully developed complex thinking to enable them to thoughtfully gauge. And their weakest point is their utter dependence on adults. The child is fully reliant on his adult environment, not only in the aspect of material security such as shelter,...
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Children's internet safety in a social medial age with the focus on sexual assault
Holubová, Dominika ; Krupička, Jiří (advisor) ; Mulák, Jiří (referee)
1 Children's internet safety in a social media age with the focus on sexual assault ABSTRACT The thesis focuses on Internet sexual predatory crimes against children. It contains not only the theoretical aspects related to this issue, but also presents the related effective legislation, presents conclusions obtained from personal research and suggests possible partial changes. Sexual abuse of children in cyberspace in the form of cyber grooming is becoming a more current social issue every day. With the development of the Internet and social networks and the frequency of their use is growing at an uncontrolled rate by the day. Its effects can be severe for child's present and future life. It should therefore be given sufficient attention, both by the existing legal regulations and the tools available to detect and investigate it, and by the children themselves and their parents. In view of the social harmfulness of cyber grooming, there was a need to regulate this problem within the European Union. As a result, the criminal offence of making unlawful contact with a child was introduced into the Criminal Code with effect from 1 August 2014, with the aim of punishing the preparation of sexual offences, where the preparation is not in itself punishable. Even though many years have passed since its enactment,...
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The Criminalization of Cyberattacks on Information Systems
Stanková, Pavla ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
NÁZEV DIPLOMOVÉ PRÁCE V ANGLICKÉM JAZYCE The Criminalization of Cyberattacks on Information Systems ABSTRACT This master thesis deals with the issue of criminalization of attacks on information systems. The topicality of the topic is supported by the rapid development of information and communication technologies and the shift of everyday activities to the virtual environment. Nowadays, cybercrime poses a growing danger not only to individuals but also to the state. The aim of this thesis is to introduce cyberattacks and to classify them criminally. Furthermore, attention is concentrated on the procedural aspect of attacks, in particular on their detection, investigation and the procedure of international cooperation. The transnational and international framework in the fight against cybercrime is not omitted. The thesis seeks to identify what problematic aspects domestic legislation faces and what future developments in the field of cybercrime can be expected. The introductory section explains the basic terms that are used extensively in the thesis. Subsequently, key international instruments in the fight against cybercrime are introduced. The focus is on introducing the different types of cyberattacks and their subsequent criminal classification. The subsequent part introduces the procedural level of the...
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The Issue of Pre-trial Detention in Criminal Procedure
Spourová, Dominika ; Tlapák Navrátilová, Jana (advisor) ; Mulák, Jiří (referee)
The Issue of Pre-trial Detention in Criminal Procedure This thesis deals with the topic of pre-trial Detention. The main focus is on the analysis of the interference with the rights to personal freedom of a person. This procedural institution restricts the freedom of a person who has not yet been found guilty; therefore, when implementing it, the principle of ultima ratio must be carefully observed. However, this fundamental requirement is not always respected, which is why this thesis seeks to provide a perspective on the issue of detention not only in terms of legal regulation but also in terms of application practice. The work is divided into eight chapters. Taking into account the long tradition of the link in the territory of the present Czech Republic, the first chapter summarizes the historical development essential for putting the whole issue into context. The most important part of this chapter is devoted to the period from 1950 to the present. The second chapter describes the general features of pre-trial detention, especially conditions and principles under which can be pre-trial detention applied, focusing on the principle of the presumption of innocence and the limits of the restriction of personal liberty. In order for an accused to be lawfully detained, the material conditions of...
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Punishment of house arrest, its execution and control
Šarman, Dominik ; Tlapák Navrátilová, Jana (advisor) ; Mulák, Jiří (referee)
The punishment of house arrest, its execution and control Abstract The thesis deals with the punishment of house arrest and topics closely related to it, especially its execution and control. The thesis elaborates on the findings of the relevant literature, namely textbook, commentary and monographic literature, and draws on scholarly articles that are an important source of information for this topic. There is also an analysis of available case law and statistical data. The thesis also widely uses internet sources. The thesis attempts to provide a comprehensive treatment of the topic by introducing the issue of punishment, followed by a detailed treatment of the legal regulation of all relevant phases of the imposition and execution of house arrest in the Czech Republic. Throughout the thesis, the author tries to present the pros of this punishment, analyses the shortcomings and facts that hinder the wider use of the punishment in the Czech Republic and reflects on its future direction. The thesis is divided into seven chapters, which proceed from the theoretical basis to the legal treatment of the institute itself and then deal with the execution and control of the execution of the sentence of house arrest, as well as other related issues. The introductory chapters offer an insight into the issue of...
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