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Conditional discontinuance of criminal prosecution
Kozojed, Jakub ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The master thesis addresses the institute of the conditional discontinuance of criminal prosecution. Being one part of divergences, the core of the conditional discontinuance of criminal prosecution lays in temporally suspension of further criminal proceeding with a premise of its definitive suspension if the legal requirements are met. Except for the introductory part and the conclusion, the thesis is divided into three main chapters. The first chapter is devoted to the concept of restorative justice and deals also with a concept of divergences. In addition to the definition of the divergence the thesis addresses adequately particular types of divergences as they appear in Czech criminal proceedings. The core of the thesis shall be found in the chapter number two, which provides a closer look at the conditional discontinuance of criminal prosecution itself. Through all the paragraphs in this chapter the conditions of an application of the conditional suspension, the course of the probation period and particularities of this proceeding are being dealt with. Furthermore, the chapter includes also a summarization of an evolution of the law, as well as a brief study of a Slovak conception of conditional discontinuance of criminal prosecution. In the closing chapter several de lege ferenda thoughts are...
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Conditional discontinuance of criminal prosecution
Plávková, Andrea ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Conditional discontinuance of criminal prosecution is an institute that was introduced into Czech criminal procedure law more than twenty years ago. Over the years, this alternative way of handling criminal cases has become the most commonly used (in the last four years, the second most commonly used) means of all alternative ways called diversions. This diversion is used by both prosecutors and courts in cases of less serious criminal offenses. The point of conditional discontinuance of criminal prosecution is the decision of the prosecutor or the court not to initiate criminal court proceedings or cease them under certain conditions, the most important of them being the offender reimbursing the injured party for the damages caused by the crime. The goal of the author of this thesis is to briefly write about the history of alternative ways of handling criminal cases and their introduction into Czech criminal law, then to move on to specifically discussing the institute of conditional discontinuance of criminal prosecution, the conditions that must be met for its use, the benefits it brings into Czech criminal law and criminal proceedings and to compare it with other types of diversions, as well as with the use of the same institute in Slovak criminal law under slightly different conditions. The...
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Criminal Aspects of Corruption
Galovcová, Ingrid ; Tlapák Navrátilová, Jana (advisor) ; Ivor, Jaroslav (referee) ; Vokoun, Rudolf (referee)
This doctoral thesis deals with the selected criminal aspects of corruption pointing out the possibilities to sanction its most severe forms by means of the Czech criminal law. From the substantive point of view, the core of the thesis is the analysis of the bribery crimes and the thorough analysis of their selected elements, which can bring about interpretative and related application problems. It also refers to the issue of corruption in the private sector and the manner in which the Czech national legislation of corruption crimes copes with a requirement for its sanctioning, which follows from international commitments. In terms of procedural aspects, the thesis focuses on certain particulars of detection, investigation and evidence procedure relating to corruption criminality. Corruption criminality is regarded as latent criminality and in its most serious forms it is also connected to organized crime, which consequently requires application of specific means and methods in criminal procedure. However, in the course of their realization they are predominantly connected with an interference with individual's fundamental rights, so, as a reaction to that, a consistent legislation of conditions for their realization ought to be adopted. The thesis points out the shortcomings or problematic...
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Criminological factors related to crime of legal entities
Freimannová, Anna ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
This thesis analyses criminological factors related to crime of legal entities. Criminal liability of legal entities has not been a subject of such extensive research as criminal liability of natural persons, let alone criminology of crime of legal entities - the origins of this field first appeared in the first half of 20th century, when the criminologist E. H. Sutherland introduced and described a white-collar crime phenomenon. Crime of legal entities is an up-to-date issue, being a phenomenon of a considerable danger and it is desirable to make it a subject of a comprehensive research in order to find the most suitable prevention or an adequate reaction to that crime. Understanding criminological factors related to crime of legal entities can help to prepare matching provisions which can serve as an efficient tool for prevention of and response to this type of crime. This thesis is divided into four chapters. The first one addresses the crime of legal entities in general - it describes the historical evolution of crime of legal entities in the Anglo-American judicial system and its variations in the continental judicial system. After that is presented the history of legal regulation in Czech Republic and its current state. The second chapter discusses the criminological factors related to crime...
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Drug related crimes
Váchová, Natálie ; Říha, Jiří (advisor) ; Vokoun, Rudolf (referee)
Drug Related Crimes Thesis - Natálie Váchová - abstract Drug trade spreads throughout every country in the world and thus constitutes one of our society's global problems. As a result, countries try to fight the trade and usage of drugs on the national as well as international levels. Drugs affect various aspects of drug addicts' life - whether this be their health or their social and financial well-being. There are also many crimes that are connected to drugs - illicit production, distribution or possession of drugs (the so called "drug-related crimes"), crimes committed in order to raise funds for the purchase of drugs (i.e. criminal act of theft) or crimes committed under the influence of drugs. The topic of crimes related to substance abuse is very diverse, which is why this thesis will only be focused on the so called "drug-related crimes". The main aim of this thesis is to define "drug-related crimes" in more detail, closely analyse the different interpretations of the term "quantity larger than small" in the case of narcotic and psychotropic substances invoked over time and finally to compare the Czech regulation with the German one. The First Chapter introduces the reader to the issues surrounding drugs by describing the history of usage of drugs and the process of national and international...
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Threat under the influence of addictive substance
Micka, Martin ; Říha, Jiří (advisor) ; Vokoun, Rudolf (referee)
EN: The misdemeanor of endangering under the influence of addictive substance is one of the most frequently occurring criminal offenses that the Czech society encounters. I have divided my thesis into nine chapters. The first chapter deals with elements of the criminal offense under the influence of addictive substance as divided by legal theory. The second chapter describes the issue of the unlawfulness of the deed. The third chapter deals with an analysis of qualifying circumstances that legislature provided in the second paragraph of the misdemeanor of endangerment under the influence of drugs. The fourth chapter describes the issue and the conditions of participation of persons other than the principal perpetrator of the deed. The sixth chapter deals with the most common criminal offenses that occur along with the abovementioned misdemeanor. The seventh chapter is devoted to the new phenomenon of proving a condition that excludes competence in cases of influencing other addictive substance. In the eighth chapter I focus on the issue of showing of various types of sentences with regard to current practice in relation to sentencing for the deed in question under Section 274 of the Criminal Code. The ninth chapter describes various forms of so-called special methods of proceedings which are used in the...
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Wiretapping and Interception of communication
Kučerová, Štěpánka ; Říha, Jiří (advisor) ; Vokoun, Rudolf (referee)
This thesis analyzes legal framework as well as other issues regarding monitoring and intercepting the substance of communication under Section 88 of the Criminal Procedure Act. Also, the characteristics of logging and accessing data relating to communication (such as times, patterns, locations and parties involved) under Section 88a are described. These institutes in certain instances represent lawful interfere with the right to respect for private life and other human rights and both are of critical importance in the investigation of many types of crimes. The thesis is systematically divided into seven chapters. Chapter One presents both concepts in their relationship to the affected basic human rights and describes characteristics, major principles as well as the procedure of issuing a wiretap and data retention warrants. As both concepts have similar features with conception of Surveillance of persons and items under the Section 158d of the Czech Criminal Procedure Act, comparison with this institute is provided in the second chapter. The third Chapter is devoted to the evolution of Wiretapping legislation and its changes due to particular amendments. The first legal regulation of Wiretapping was adopted in the Czech Criminal Procedure Act in 1991 as a response to the political revolution...
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Criminal liability of legal persons for corruption offences
Procházka, Tomáš ; Vokoun, Rudolf (advisor) ; Pelc, Vladimír (referee)
Thesis entitled "Criminal liability of legal persons for corruption offences" focuses on the criminal liability of legal person in relation to corruption offences in the Czech Republic and in other selected countries. Despite the fact that the Act on Criminal Liability of Legal Persons was enacted several years ago, it is still subjected to public discussions. The thesis is divided into four main chapters. First, introductory, chapter defines selected basic terms, e.g. criminal liability, legal persons, and provides a brief comprehensive overview of historic development with focus on main approaches to legislation. The chapter also analyzes the Czech legal rules on the criminal liability of legal persons and the sanctioning of legal persons in the enforcement practice. Second chapter focuses on the general context of corruption and on measures undertaken by the international organizations in order to support the fight against corruption. It also analyzes the Czech legislation on selected criminal offences that are connected with corruption and bribery. Third chapter describes legislation of other selected countries, e.g. USA and the United Kingdom, in order to compare it with the Czech legal rules. In addition, the thesis aims to illustrate results of OECD's stocktaking report on the criminal...
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Comparison of the merits of a particularly serious crime of murder in the Czech and Slovak law
Vrajíková, Melinda ; Vokoun, Rudolf (advisor) ; Herczeg, Jiří (referee)
RESUMÉ The theme of this thesis is comparison of the particularly serious crime of murder in the Czech and Slovak criminal law. The aim of this thesis is to compare the legislation with regard to the particularly serious crime of murder in the Czech and Slovak law, to find its identical, similar or different characteristics and to point them out. The thesis first focuses on the historical development of the legislation with regard to prosecuting the crime of murder, as well as to the constitutional protection of human life in both countries, which are being compared, i.e. the Czech Republic and the Slovak Republic. Furthermore, the thesis focuses on the characteristics of crimes against life in general. The key chapter of the work deals with legislation regarding the particularly serious crime of murder and its qualified and privileged facts in the contemporary Czech law. This is followed by a chapter, which presents the current legislation with regard to facts of the crime of murder and related facts of the same crime in the Slovak Republic. The subsequent chapter includes a comparison of the legislation regarding the crime of murder in both countries. Based on the comparison of the legislation related to facts of the crime of murder in the Slovak and Czech law, it is possible to come to the conclusion...
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The chosen questions of perpetrator's punish
Votočková, Lucie ; Vokoun, Rudolf (advisor) ; Pelc, Vladimír (referee)
This rigorosum thesis is occupied with some chosen questions about perpetrator's punish, focused on causes of establishment and duration of crime, typology of individual perpetrators and the effect of some chosen sort of punish on the perpetrator. It deals with custodial sentence in elaborately, home confinement and community service, and mainly in connexion with their possible impact on re- education of perpetrators. The target of this thesis is analysing of criminality stage, its cause and the way how to deal with it.
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