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Extraordinary remedies in criminal proceedings
Fejklová, Lucie ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee)
Remedies in criminal proceedings are designed in particular to remedy and rectify errors and mistakes occurring in the course of the proceeding, and as such serve for the review and rectification of both legal and factual defects. Remedies may be ordinary or extraordinary. Ordinary remedies include appeal, complaint and protest, while extraordinary remedies include extraordinary appeal, complaint for breach of law and renewal of proceeding. The principal prerequisite for the stability of final and enforceable decisions in criminal proceedings is their unchangeability. It is impossible to rule out a serious error, and such a defect in the final and enforceable decision of a law enforcement or judicial body may occur as a result that insisting on its binding and unchangeable nature would disrupt fair and correct decision-making. The finality and enforceability of a decision ought to be pierced in exceptional cases only, and then only when it is necessary and when the stability of the decision cannot be insisted on. Extraordinary appeal was introduced into the Czech legal order by the 2001 amendment to the Criminal Code. This extraordinary legal remedy serves to remedy enumerated defects in the most important types of court decisions, or to review life sentences. Extraordinary appeal can only be used...
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The Tasks of Probation and Mediation Service in Serving Alternative Sentences
Herinková, Kamila ; Vanduchová, Marie (advisor) ; Gřivna, Tomáš (referee)
At present time the most of developed countries are seeking alternatives to unconditional sentence of imprisonment. In serving alternative sentences to unconditional sentence of imprisonment the Probation and Medition Service has its particular role. The description of PMS and its activities in ensuring and controlling the serving alternative sentences is the central issue of this thesis. The PMS was found in 2001 by the act No. 257/2000, Collection. The content of this work is composed of the interpretation of contents of the restorative justice, the probation and the mediation, the characterization of the PMS and its activities in focus of the ensuring and controlling the serving alternative sentences. We can find there also the view of the legislature of the probation and mediation services in France and the analyses of the PMS activities in last 5 years. This work is based on the theoretical knowledge as well as the knowledge and informations from probational officers acquired during the consultations in the center of PMS situated in Prague and Jihlava.
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"Money laundering - criminal and criminological aspects".
Babjaková, Radka ; Hořák, Jaromír (advisor) ; Gřivna, Tomáš (referee)
This thesis deals with the issue of money laundering in terms of both criminal and criminological perspective. The aim of this thesis is to analyse the issue of money laundering and to raise questions related to de lege lata discussions and de lege ferenda proposals, to formulate my opinion and to make recommendation for legislative changes. The first part (Chapters 1, 2 and 3) contains the definition of this term and discusses methods in which money laundering occurs. In addition to well-known methods, it is dedicated to new methods focusing on the use of virtual currencies and online computer games. The question of organised crime, which is very close to money laundering, is analysed too. The second part (Chapters 4 and 5) describes international regulation, legislation of the European Union and measures against legitimisation of proceeds of crime in Czech legislation. It is focused on the most important conventions and directives related to money laundering. This part also explains Act No. 253/2008 Coll., on selected measures against legitimisation of proceeds of crime and financing of terrorism, and activities of Financial Analytical Unit. The third part (Chapters 6 and 7) examines relevant Czech legislation, especially issues of money laundering using legal entities, their criminal liability...
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Agreement on Guilty and Punishment
Pavel, Jan ; Gřivna, Tomáš (advisor) ; Zeman, Pavel (referee)
Résumé The presented thesis deals with the new legal institute of criminal procedural law, the "agreement on guilt and punishment". The aim of the Czech legislator, when constructing the Czech version of the otherwise traditionally Anglo-Saxon concept of conciliation proceedings, was mainly to simplify and speed up the criminal trial, because according to his/her conclusion the present legislation does not use every opportunity to ensure the accused the full right to a speedy and fair trial. Despite the certainly legitimate need to ensure criminal proceedings in a way so as to ensure "quick" justice, the question is, considering the still ongoing debate of not only professionals, whether an agreement on guilt and punishment is the right tool to deliver this. The agreement on guilt and punishment is generally an Anglo- Saxon concept, it is thus a product of legal culture different in principle from the domestic one, and for it to be able to work effectively in such different conditions, it was necessary to somewhat overlook the traditional idea of a criminal trial as we know it in the standard form. Before its codification the proponents of this legal institute argued that the conciliation proceedings will support the activity of procedural parties, simplify the proceedings, in particular regarding the...
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Domestic violence and its prevention
Kubátová, Marcela ; Gřivna, Tomáš (advisor) ; Vanduchová, Marie (referee)
The topic of the thesis is domestic violence and its prevention. Domestic violence has been present in society from time immemorial, however only recently it has become a topic of public discussions. Domestic violence is not only a private matter of a particular family but it is a problem of the whole society. The first chapter introduces the issue of domestic violence. It aims at providing definition of domestic violence and it describes its key features (domestic violence is not an one-time act; violence escalates in relationship; everything happens in private; fixed roles are typical). Domestic violence tends to be cyclical when the periods of calm, tension and violence alternate. Victims may be exposed to physical violence, psychological violence, emotional violence, social violence, economic violence and sexual violence. The first chapter also deals with the causes of domestic violence and focuses on the myths associated with domestic violence. The second chapter characterizes and describes a profile of an offender. The majority of offenders are men (up to 90-95 %), however even a woman can be an aggressor in the relationship. The third chapter deals with victims and tries to picture their characteristics. The violence can be directed both at women and men. The violence can also affect seniors...
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Domestic violence and its prevention
Polenová, Jaroslava ; Gřivna, Tomáš (advisor) ; Vanduchová, Marie (referee)
Title: Domestic violence and its prevention Abstract The purpose of my thesis is to analyze the issues of domestic violence, outline the basic characteristics of its essential aspects and focus on preventive measures of protection against domestic violence, especially the applicable legislation of the Czech Republic. The paper is divided into four chapters. The first chapter contains the characteristics of domestic violence as a criminological concept. At first there is a definition of the phenomenon of violence as the intentional act involved in the maltreatment and abuse. The second subchapter presents actual domestic violence which is explained by a description of its elements, types and forms, its process, method of identifying and documenting its causes. Chapter One concludes with a part regarding myths prevailing in the society about domestic violence. The following chapter focuses on violent persons and endangered individuals by domestic violence. The aim of this chapter is to describe the profile of both actors regardless of the gender expectations. Subchapter relating to endangered individuals includes the definition of victim and further discusses long term psychological consequences of abuse and specific groups of endangered individuals. The third chapter deals with the current legislation which...
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Organized crime in the Czech Republic
Hanke, Martin ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee)
(En) The presented thesis analyses the (international) organized crime from the point of view of the criminal law and also with the respect to the international cooperation in the field of fighting against organized crime. The thesis describes also the roots of the international organized crime including Its penetrating into the social live and Its progress in the Czech republic. The thesis adverts also preventive and repressive instruments used by the governments in their fight against organized crime. The integral part of the text are actual statistical data too.
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Cyber crime
Bartůněk, Jan ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
Development of information technology is one of the most dynamic parts of today's global society. Along with the coming of new technologies it generates new types of crime, eventually existing types of criminal activities in this area are moving from the real world to cyberspace. This rapid development of cyber crime enforces corresponding changes in the legislation related to cyberspace. In the Czech Republic the most fundamental changes in cyber crime law have been made along with the new Criminal Code. The new code has modified some areas, that were not mentioned by previous criminal code, refined or amended previous terminology related to cyberspace and added institutes required by international commitments, especially by the Convention on Cybercrime. The purpose of this diploma thesis on "Cyber crime" is to outline the issues of cyber-crime, point out some troubling topics, which are currently present in cyberspace, and outline possible future development of criminal law in cyberspace. In the beginning of the thesis there is a short summary of cyberspace and cyber crime history, that is followed by definitions of selected basic concepts of cyberspace and cyber crime. In the following chapters, there is a summary of current Czech legislation of selected areas and there some examples of such...
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Crime relating to the abuse of addictive substances
Mořkovský, Jan ; Vokoun, Rudolf (advisor) ; Gřivna, Tomáš (referee)
This diploma thesis is divided into nine chapters. The introductory chapters are focused mainly on currently highly discussed issues concerning criminal acts connected with drug abuse and historical roots and development of contemporary Czech legal regulation. The main part of this diploma thesis consists of the description of every single crime regulated by sections 283-287 of Act No. 40/2009, Criminal Code. The last chapter of this diploma thesis afterwards presents the description of the other crimes which are according to the author the most drug abuse related.
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Europeanisation of Criminal Law
Martinů, Iva ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
This thesis deals with the Europeanisation of criminal law. The aim of the thesis is to examine the evolution of Europeanisation within the European Union, to analyse current regulation and to focus on law enforcement institutions. The paper is composed of three chapters. Chapter One is introductory and explains the notion of the Europeanisation of criminal law and describes the evolution of police and judicial cooperation in criminal matters within the European Union. The text then concentrates on the impact that case law of the European Court of Justice has had on the Europeanisation. Chapter Two investigates the current versions of treaties and the main changes that the Lisbon Treaty brought about. Subsequently the paper explores the harmonisation of substantive criminal law and criminal procedure, the new legal concept of the 'emergency brake' and the extension of powers of the European Court of Justice. The following part of Chapter Two illustrates the accession of the European Union to the Convention for the Protection of Human Rights and Fundamental Freedoms and it also discusses the Charter of Fundamental Rights of the European Union. A brief summary is given at the end of Chapter Two. The last chapter is essential and looks at law enforcement institutions. It consists of three parts. Part one deals...
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