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The institution of an organised criminal group in conjunction with the Penal Code and case law
Kohút, Pavel ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The institution of an organised criminal group in conjunction with the Penal Code and case law The submitted diploma thesis concerns the institution of an organised criminal group in terms of effective legal regulation, and suggests legal solutions for the future. To meet the objectives of this thesis, it was necessary to study available legal regulations, case law, specialised literature and documents of international law. At the beginning of this thesis, it was necessary to distinguish the term of an organised criminal group from other two similar terms included in this thesis, namely the term of organised crime and the term of an organised group. This distinction was essential because all of these terms were further used in the thesis. The second chapter is dedicated to historical context of legislation regarding the organised criminal group. It was especially documents of two international organisations, the UN and the EU, which had considerable influence on the legislation in the Czech Republic. One subchapter also deals with the development in the Czech Republic itself. In the third chapter, there is a research of the institution of an organised criminal group in terms of effective legal regulation. The research was aimed at following terms: a) organised criminal group according to section 129...
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Crime of fraud, credit and loan fraud pursuant to section 209, 210, 211 and 212 of the Criminal Code
Votava, Petr ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Crime of fraud, credit and loan fraud pursuant to section 209,210, 211 and 212 of the Criminal Code Criminal code, No. 40/2009 Coll., contains the criminal offence of a fraud (Section 209) and it's special cases such as the insurance (Section 210), loan (Section 211) and subsidy fraud (Section 212), in total of four separate offences dealing with fraudulent deliquency. The author of the thesis deals with the characterization of facts of fraud. Property fraud (Section 209) is a damage crime, but the special forms of fraud have features of pre-accomplished crime (preparation of crime). Fraudster's criminal liability for insurance, loan or subsidy fraud is rather larger than criminal liability for general type of fraud. Analysis of the judicial decisions of the Supreme Court and the Constitutional Court of the Czech republic is one part of the diploma thesis. From the results of the analysis the author concludes that there is a personal criminal liability for fraud when the perpetrator sues for a fake debt. This kind of deceptive activity is an attempt of crime of the fraud. The difference between special type of fraud (insurance, loan or subsidy Sec. 210 - 212 Criminal code) and general fraud (Sec. 209 Criminal code) is evident also in the level of evidence. Culpability of fraud must comprise of the intent to...
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Internet and computer criminality
Hefka, Rostislav ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Internet and computer criminality Summary This thesis, as its name indicates, deals with the problems of our times associated with computers and the Internet, which make it possible to commit all sorts of crimes. Computers are part of our daily life and the sphere of information and communication technologies are constantly and rapidly developing, which gives space to potential perpetrators to find new approaches. The thesis is composed of eight chapters. The opening chapter of this thesis describes the basic concepts related to computer and Internet criminality. It includes the definitions of computer criminality, cybercrime, cyberspace, as well as basic technical concepts such as computer, hardware or software. Approximation of this terminology is essential to understanding the issue. Next chapter is devoted to some illegal activities in cyberspace, which are then legally assessed. The third chapter forms the most important part of the whole thesis because it describes in details the issue of copyright violations in connection with computers. At first it generally talks about intangible goods, and after that it acquaints to readers with piracy of audio and audiovisual works and later with software piracy. It shows the most important judgments that are connected to the discussed topic and were judged at...
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Preliminary hearing of the indicment in the case law
Kočová, Tereza ; Bohuslav, Lukáš (advisor) ; Gřivna, Tomáš (referee)
The thesis includes the analysis of the preliminary hearing of the indictment institute as an optional part of criminal proceedings, which follows after bringing an indictment to court. The thesis is focused on summary of theoretical findings, which draws mainly from the commentary literature, but a key focus of the thesis is the analysis of relevant judicial decisions that relate to the institute investigated. The thesis works in particular with the decisions of the Supreme Court of the Czech Republic and High Courts, to a lesser extent with decisions of the Constitutional Court of the Czech Republic and several regional courts are used. The text is (except introduction and conclusion) divided into eight parts. The first part contains an explanation of the concept of preliminary hearing of the indictment. Next part of the thesis is focused on the historical development of the preliminary hearing of the indictment, from 1850 to the present. This part also summarizes the most important amendments of the currently effective Criminal Procedure Code. Following parts are focused on explanation of purpose of preliminary hearing of the indictment and explanation of the difference between this and the obligatory review of indictment in accordance with § 181 par. 1 and 185 par. 1 of the Criminal Procedure...
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Protection against bribery and corruption and their prevention
Doleček, Michal ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Thesis describes often mixed terms of corruption and lobbying, tries to distinguish them and explain why there is a crucial difference between disruptive corruption and legitime lobbying, which is one of the key stones of modern demorcracy. The first chapter deals with the general term of corruption, its typology and bribery. The second chapter describes corruption criminal offenses in the czech criminal code and divides them into general and special ones. The third chapter deals with the term of lobbying, and the history of lobbying in the United States of America from the begining of lobbying in 19. century described as influencing politicans by powerful and influential individuals using all aviable techniques and corruption, through advancing regulation by the state. The next part of the chapter is dedicated to lobbying and corruption in the Czech Republic. It gives a few examples on which there is possible to demonstrate the level of current legal regulation, which does not allow transparent control of public on decision making of the public officials. The last part of the chapter shows most serious reasons for appearance of corruption in lobbying, which need to be cleared. The fourth chapter is about analysis of the regulation of lobbying in the United States of America and the United Kingdom....
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Criminal liability of municipal representatives and other persons for acts and omissions within the municipal unit
Richter, Martin ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
This diploma thesis deals with basically unstudied topic of criminal liability of municipal representatives and other involved persons. At the beginning there is an attempt to create at theoretical level distinction between political decisions where no legal consequences should be brought and implementing decisions. This thesis pays special attention to questions of mens rea with respect to special conditions within municipal units. Therefore it is created different levels of duty of care based on relationship between subject and draft of decision. It is also remembered influence of an error to mens rea and a special situation of an error caused by improper advice or materials. The thesis pays attention also to basic criminal offences connected to this topic - breach of trust, abuse of authority and corruption. At the end there is a brief comparison with the system of liability of municipal representatives in chosen countries. Powered by TCPDF (www.tcpdf.org)
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The concept and legal consequences of the transgression of the limits of self-defense and necessity
Baran, Zbyněk ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The concept and legal consequences of the transgression of the limits of self-defense and necessity The thesis is based on the criminal institutes of necessity and self-defense. The aim of the thesis is to analyse the concept of necessity and self-defence, set limits to those institutes, define cases of transgression of these limits and describe legal consequences of excess. The thesis is drawn as the analysis of current legislation regulating necessity and self- defense. Given that everyone can make use of these institutes, the thesis concentrates on the fact that the legislation in this matter should be comprehensible and expedient for the acting person and contains a thorough analysis of case-law. The comparative method is used to the lesser extent, Czech legislation is compared with legislation of some other European countries. A part of the thesis concentrates on the frequent de lege ferenda suggestions. In author's opinion, the enactment of these suggestions would help to promote legal certainty and extend the possibility to act in necessity and self-defense. The thesis is divided into an introduction, three main parts, which are further divided into chapters and subchapters, and a conclusion. Part one defines the concept of illegality as a requirement of commiting a crime, then the...
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Protection against corruption and bribery and their prevention
Kraus, Šimon ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
1 Summary The thesis deals with certain aspects of corruption and its prevention. It focuses mainly on whistleblowing as an instrument of corruption control. The thesis is structured into an introduction, three chapters and conclusion. The first chapter contains a general introduction to the corruption issue. With the aid of several historical examples of corruption cases in various social systems, I attempt to emphasize the complexity and ubiquity of this phenomenon. Further on, the chapter is concerned with clarifying the notion of corruption as well as other key concepts, such as bribery, lobbing etc. The second chapter provides an overview of Czech substantive anti-corruption criminal law with special focus on bribery offences incorporated in Sections 331 to 333 of the Czech Criminal Code. Two excursions are made within this chapter. The first covers the topic of gift acceptance by civil servants based on the new Czech Civil Service Act as well as the potentially corruptive effect of such practice, if allowed even to a limited extent. The second excursion discusses the fundamental differences between lobbing and the criminal offence of indirect bribery according to Section 333 of the Czech Criminal Code. This topic is highly relevant as these two concepts are frequently confused in practice, which is...
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Mediation in Criminal Matters
Albrechtová, Lucie ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Mediation in Criminal Matters is a part of Restorative Justice concept focused primarily on the reparation of harm caused by an criminal act. The ruling principle of Restorative Justice process is an active participation of the victim, offender and other persons affected by the crime on handling the concequences of crimes. Mediation in Criminal Matters has many common features with civil mediation, thus this thesis is concentrated on its specifics. This thesis is interested in fields of possible application of Mediation in Criminal Matters and its risks and benefits for the participants. There is offered an overviw of legal setting of Mediation in Criminal Matters in the Czech Republic and also in some european countries, which can serve as inspiration for future changes of our legal frame, which are suggested in the end. According to the actual results of criminological reseach seems Mediation in Criminal Matters to be an useful tool to handle consequences of crimes. This statement is valid under condition of respecting the rules for victims safety and proper case selection.
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A defence counsel in the criminal trial
Šmídek, Petr ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
In my thesis I focus on the position of the defence cousel at a criminal trial, which is considered the most important stage of the criminal proceedings, since it is decided on the guilt or innocence of the defendant and possible punishment. I refer to the current relevant legislation , evaluate it, and at some points compare with the previous legislation . In the text, emphasize the important role of the relationship between the defence counsel and his client, ideally based on mutual trust . I mention the vital role properly chosen tactics of the defense in criminal proceedings , targeted so that in relation to the accused have been as successful as possible. It also deals with the issue of the defence counsel prior to the commencement of the criminal trial itself, where I point out that the defence should not be idle, but already at this stage have carry out activities to achieve the defendents best interest. Futher in the thesis I mention when and under what circumstances a defence counsel appears for the client in the criminal trial, how he suggests the best way to present evidence and question witnesses and experts. Furthermore, the focus on the conclusion of the criminal trial, in particular, how the defence counsel should lead to his final speech The criminal trial ends with the verdict and...
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