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Structure and Development of Criminality in the Administrative Regions of the Czech Republic
Bejbl, Martin ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee)
This thesis is focused on the structure and development of crime in the single administrative regions of the Czech Republic over the period from year 2000 when these new administrative units were established until year 2012. The main aim of the thesis is to map and describe the structure and development of crime in the different parts of the Czech Republic, the profile of typical offenders and crime typical for the given region and last but not least the detection rate of crime committed in the analyzed areas. The text also explains the key terms such as criminology and crime and its structure and development and presents the main sources of data used for the hereabove described analysis. The difference between latent and registered crime is also discussed therein.
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Environment as a determinant of criminal behaviour
Barilik, Igor Nikolaj ; Jelínek, Jiří (advisor) ; Gřivna, Tomáš (referee) ; Holcr, Květoň (referee)
The dissertation discusses topics in environmental criminology, which is concerned with crime in relation to the environment where it occurs. The environmental approach is based upon a premise that occurrence of crime in space is neither random nor uniform. On the contrary, various types and forms of criminal activity tend to concentrate in certain places during certain times. Environmental characteristics play an important role in behaviour of individuals, hence it is possible to analyse them as one of the most important determinants of criminal behaviour. The aim of the thesis is to comprehensively introduce to the Czech and Slovak legal and criminological scholarship historical background, development and the main contemporary theoretical approaches in environmental criminology, as well as their implications and utilization in crime analysis and crime prevention. The theoretical part discusses in detail rational choice perspective, routine activity approach and crime pattern theory as an environmental meta-theory. The analytical part introduces the basics of the methods of crime mapping and geographical profiling. It also demonstrates how statistical and mapping techniques can be utilized in practice, using a set of police data concerning thefts from motor vehicles in Prague during the first...
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Criminal protection against corruption and its prevention
Pánková, Hana ; Vokoun, Rudolf (advisor) ; Gřivna, Tomáš (referee)
Criminal protection against corruption and its prevention This doctoral thesis entitled "Criminal Protection against Corruption and its Prevention" defines the point of view of the phenomenon of corruption, which I decided to pursue, with its name itself. I examined corruption from the perspective of substantive criminal law, although it should be noted that this work cannot ignore the aspects of other disciplines such as sociology, criminology, philosophy etc., in order to make view of the detrimental phenomenon of corruption, for it undoubtedly is detrimental, complete. I am convinced that the chosen topic is relevant and needed. It is so, because only the effective and sustained efforts to combat corruption may lead to its reduction while avoiding the negative consequences of acts of corruption. These are mainly damages in the area of economic damage, although the negative impact of corruption on civil society should be also emphasized, for example corruption causes the loss of public confidence in politics, public administration and in a fair, objective, impartial decisions. If there isn't sharp fight against corruption, appropriate public education about the harmful effects of corruption and prevention, then the impression, that corruption is a necessary and integral part of our lives, raises...
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The Position of the Defencee Counsel in Pre-trial Proceedings
Nevařil, Vít ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee)
The study "The Position of the Defence Counsel in Pre-trial Proceedings" examines the status of the defence attorney in the preliminary procedure, i.e. in the pre- trial phase of criminal proceedings. First, the text deals with more significant amendments to the Criminal Procedure Code and with the development, purpose and various forms of the preliminary procedure. In the following part, the study provides a brief outline (model) of the course of the preliminary procedure and offers elementary definitions of fundamental institutes of this procedure. The second part of the study focuses at first on an analysis of fundamental principles of criminal procedure. Out of those principles, most detailed attention is paid to the right to the defence counsel and to the attributes of such right. The third part of the study describes the various requirements imposed on the defence attorney, the defence attorney's rights and obligations, the institute of legitimate defence and discusses finally the most fundamental interference into the accused's right to free election of a defence attorney - expulsion of the defence attorney. This part of the study also provides a more detailed analysis of the client's - defence attorney's privilege and discusses the specific features of the defence of a legal entity. The...
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Domestic violence and its prevention
Tichý, Štěpán ; Gřivna, Tomáš (advisor) ; Vanduchová, Marie (referee)
The topic of the submitted diploma thesis is "Domestic violence and its prevention". Domestic violence is a societal problem accompanying the society since time immemorial. For a long time this phenomenon has been understood by society only as a private matter and government should intervene only in extreme cases. This state has been changing for the last two decades. Both professional and general public has begun to accept the opinion that domestic violence is a public issue that requires a state intervention. Domestic violence must be perceived interdisciplinary because it is a very complex problem. In the introductory part there is presented a definition of domestic violence and some other terms related to it. The following criminological part describes domestic violence itself, its dynamics, principles and specifics that make it different from other forms of violence. In this chapter, various aspects of this phenomenon are analysed, such as private nature, repetition and longevity, clearly defined constant roles, etc. Further, domestic violence is divided according to its types and forms that are specified in details. The last section of the criminology part looks at the topic from the perspective of victimology which studies victims of a crime. The aim of this section is to divide and describe...
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The issue of the concept of criminal custody
Kudláček, Michael ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
- The issue of the concept of criminal custody Man's personal freedom is the basic human right, however at the same time it is possible to restrict it in a democratic society under certain conditions defined beforehand. This thesis deals with the most serious personal freedom trial restriction - the institute of custody. Custody consists in a temporary personal freedom restriction of the defendant in a closed facility based upon a court decision. Custody is an utmost means and it shall be used only if its purpose cannot be reached by other measures. Custody is not a means of pressure on the defendant and it is unacceptable to misuse it; it si not a sanction measure either. Custody law is arranged particularly in the Penal Procedure Code, which sets the basic principles and conditions under which the defendant can be limited on their personal freedom with this procedure means. The basic suppositions for taking the defendant into custody are a reasonable concern that they will escape or hide, further that they will thwart clarifying facts crucial for the criminal prosecution, and finally that they will repeat their criminal activity. These three reasons for custody are also indicated as getaway, collusion and surpass custodies. This personal freedom restriction may last only for a certain time,...
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The injured party and his/her protection in criminal procedure
Strapáč, Dávid ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
This dissertation considers the issue of the injured party and his protection in criminal proceedings. The aim of the paper is not only to provide a comprehensive summary of the position of the injured party in criminal proceedings, but to make reference to shortcomings in the existing legal regulation of this institute and propose changes for the future. The methods used in the paper are primarily interpretative, analytical-synthetic and comparative. The author made use of information ascertained by studying primary and secondary sources. The paper is divided into four main chapters, in addition to the introduction and conclusion, and these are themselves divided into sub-chapters. The first chapter looks at defining certain fundamental terms directly linked to the issue of the injured party and his protection in criminal proceedings. Here we find an explanation of the term "the injured party" itself, both at a general level and in terms of individual specifics, and the separation of injured parties into two groups. This chapter also includes a definition of the term victim and of ancillary proceedings. The chapter that follows concentrates on the procedural rights of the injured party, first considering the procedural rights pertaining to all injured parties and subsequently the procedural rights...
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Post-penitentiary treatment and prevention of recidivism
Kačírková, Tereza ; Vanduchová, Marie (advisor) ; Gřivna, Tomáš (referee)
My submitted thesis consists of 5 chapters which are divided into sub-chapters. The first chapter defines some fundamental terms which are crucial for the thesis, such as recidivism, post-penitentiary treatment and penitentiary treatment. The second chapter deals with criminal recidivism. There is a summary of criminal recidivism reflected in Czech legislation why there is a need for a special attitude to it and possible ways how to prevent it. The thesis also presents some statistics concerning criminal recidivism, focusing on statistics of Police Board. The third chapter describes penitentiary treatment which means influencing a convicted person during serving jail sentence. There is a plan of treatment made for each convicted person based on a comprehensive report on the person. Labour activities and activities aimed at forming external relations are the most important activities of the plan of treatment which should lead to social rehabilitation of the convicted person. Plans of treatment are focused on particular categories of convicts with regard to the committed crime or with regard to the fact, that the person has committed a crime again are called standardized plans of treatment. One of the sub-chapters is devoted to a recently introduced instrument called SARPO which is used for assessing a...
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Selected types of crime committed under the influence of alcohol and drugs
Richter, Jiří ; Gřivna, Tomáš (referee) ; Tlapák Navrátilová, Jana (referee)
Selected types of crime committed under the influence of alcohol and drugs In seven chapters, this thesis deals with selected types of crime for which the offender is typically under the influence of alcohol or other addictive substances. The author defines basic concepts and analyze constituent elements of those criminal acts, criminological aspects and mechanisms of influence of addictive substances on the perpetrators of these selected types of crime (drunkenness, threats under the influence of addictive substance, domestic violence, criminality of football hooligans, sexual crimes and drug-related crimes). The first chapter deals with basic concepts and discusses the history and influence of the most commonly used drugs. The second chapter briefly summarizes the development of legislation punishing offenders affected with substance abuse (particularly culpable insane offenders) in our area for the period from Theresian criminal law reforms to the present. The third chapter contains a detailed analysis of crime drunkenness, including criminological aspects examined in the light of the current Czech courts decisions. In the fourth chapter, the author discusses the institution of actio libera in causa in its dolosis and culposis variant. The fifth chapter deals with the analysis of the crime of...
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Crime relating to the abuse of addictive substances
Kubisková, Martina ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
My thesis is focused on crime related to the abuse of addictive substances. It is a broad topic, because the abuse of addictive substances brings with it a whole range of social, health and economic problems and binds a wide range of criminal activities. The aim of my thesis is to analyze the body of each drug offence, related case law and current issues of the drug problem in the Czech Republic. The first chapter defines the basic terms associated with drug issues. The following chapter deals with the classification of drugs and their effects. It classifies drugs as legal and illegal, and lists their most harmful psychological, social and health risks. This chapter helps us to make a picture about the most commonly abused drugs in our country. The third and fourth chapters provide a general introduction to the topic of drug offences and describe the background of their current legislation. The merit of my thesis is contained in chapters 5 - 9. Each chapter focuses on a specific drug offence, as they are enshrined in sections 283 - 287 of the Criminal Code. All atributes of the facts of the crimes and qualified facts of the crimes are described in this chapters. The tenth chapter discusses the common provisions of the section 289 of the Criminal Code and the reasons for its recent partial annulment...
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