|
|
The Crime of Dangerous Threatening under Section 353 of the Criminal Code
Čivrný, Vojtěch ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
1 Abstract The Crime of Dangerous Threatening under Section 353 of the Criminal Code This thesis is focused on the crime of dangerous threatening according to section 353 of Act No. 40/2009 Coll., Criminal Code. The aim of this work is to comprehensively evaluate and analyze the historical and current legal regulation of the crime of dangerous threatening and to reflect on the considerations de lege ferenda. The thesis is divided into three chapters. The first chapter deals with the historical development of the social phenomenon of dangerous threatening and its criminalization on the territory of today's Czech Republic. In particular, the period from the adoption of the Criminal Code in 1852 to the current legislation regulated by the Criminal Code of 2009 is mapped in detail. The second chapter is devoted to the current regulation of the crime of dangerous threatening, especially to the obligatory and facultative elements of the actus reus of this crime. Special attention is then given to the imprecise legal concept of reasonable fear, the real content of which is clarified with the help of relevant case-law. Furthermore, this chapter contains an analysis of individual types of sanctions that can be imposed or certain statistical data. The third chapter is reserved for comparation. In its first...
|
|
|
Restrictions on personal freedom in theory and practice
Pouska, Tomáš ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
1 Restrictions on personal freedom in theory and practice Abstract The subject of this rigorous thesis is the connection of the theoretical and practical concept of permissible interference with the personal freedom of an individual in criminal proceedings, with an emphasis on the protection of the fundamental rights and freedoms of the person concerned. The basis of the thesis is the description and more detailed definition of some specific institutes of criminal law, in the form of detention, arrest, detention and imprisonment, which seriously interfere with personal freedom and are directly connected with the imprisonment of persons. The rigorous thesis compares and analyzes the legal embedding of the above- mentioned criminal law instruments at the national and international level with their application in real life practice and points out some fundamental differences that occur when they are used by law enforcement authorities. Attention is primarily paid to the degree of compliance with the guarantees of permissible interference with personal freedom by public authorities, the legitimacy of individual interference and also their adequacy and proportionality in relation to the goal pursued by these means. The rigorous work examines whether these criminal law institutes are applied rationally, whether...
|
|
|
The institute of allowable risk with focus on the area of health care
Vojtěchová, Eliška ; Vokoun, Rudolf (advisor) ; Richter, Martin (referee)
The institute of allowable risk with focus on the area of health care Abstract The topic of this thesis is the institute of allowable risk in health care, i.e. one of the expressly stated circumstances excluding unlawfullness in the Czech Criminal Code. At first, this thesis deals in general with the definition of unlawfullness, with expressly stated circumstances excluding unlawfullness in the Criminal Code in its general and special part and subsequently with circumstances excluding unlawfullness not expressly stated. In the next part, this thesis contains the international and constitutional law basis for the right for life and health, untouchability of a person and scientific research liberty. Third main part of this thesis is devoted to a detailed study of allowable risk in the area of health care. At first, attention is given to positive description of allowable risk, i.e. benefit for the society, definition of risk, exercise in the course of employment or post, subsidiarity of risky conduct and term achieved state of knowledge - term and advancement de lege artis. After positive characteristics, description of negative characteristics of allowable risk follows, i.e. of free and informed consent and its absence, proportionality principle, contradiction with a legal regulation, public interest,...
|
|
|
The Moral Crime and its Prevention
Dlouhá, Eliška ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The Moral Crime and its Prevention Abstract The thesis deals with the topic of moral crime and its prevention. The aim of this thesis is to provide a basic overview of the field of moral crime, to define the basic concepts related to this issue and to provide a deeper insight into the interpretation of selected sexual offences. This thesis is composed of four main chapters, each of which focuses on different aspects of the matter at hand and attempts to grasp it from multiple different perspectives. The introductory chapter contains definitions of basic terms related to sexual offences. It concentrates on defining terms such as morality, law or moral crime itself. It focuses primarily on the relationship between these terms, how law and morality differ from each other, and defines the general concept of crime in terms of legal and sociological concepts. The central part of this chapter is the definition of the concept of moral crime and its relationship to morality and law. Furthermore, the focus is on the statistical development of moral crime. The second chapter discusses the offender and victim of moral crime. The concept of the offender is defined from both a criminal law and criminological perspective. The categorization of offenders is described from various perspectives and the issue of sexual...
|
|
|
Euthanasia and related issues
Vékony, Jakub ; Vokoun, Rudolf (advisor) ; Dvořák, Marek (referee)
The diploma thesis is focused on the legal institute of euthanasia and related issues with emphasis on the criminal law aspect. The aim of this work is to introduce the reader to the concept of euthanasia, to provide an analysis of basic human rights related to euthanasia, an analysis of the criminal law of euthanasia in the Czech Republic and a comparison of euthanasia legislation in European countries. The work offers the author's reflection on legislative proposals in this area and a controversy over whether the criminal law sufficiently reflects social needs. The thesis is divided into seven chapters, some of which contain subchapters. In the first part, the author clarifies the research issues and goals of the thesis. In the second chapter, the author offers an introduction to the issues of law and punishment, he also introduces the reader to the concept of euthanasia. The most comprehensive third part of the thesis is focused on the controversy regarding the existence of the right to death, the view of the right to death in the context of human rights and freedoms from the point of view of the ECtHR and the comparison of euthanasia legislation in selected European countries. The fourth chapter deals with the criminal qualification of euthanasia from the perspective of the current criminal law...
|
|
|
The criminal offence of dangerous threatening under Section 353 of the Criminal Code
Lotterová, Helena ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The criminal offence of dangerous threatening under Section 353 of the Criminal Code The topic of this diploma thesis is the offence of dangerous threatening pursuant to Section 353 of the Criminal Code. The thesis, which is divided into seven parts, focuses on a comprehensive presentation of this topic and provides an insight into the jurisprudence and the legislation in other states. The first part describes the historical development of the crime of dangerous threating, first with a brief mention of the early beginnings, which is followed by a more detailed regulation in the Czech Republic and Czechoslovak Republic. The second part of the thesis is focused on the general concepts of criminal law, especially on the concept of a criminal offence. The aim of this part is to present the basic definition of key concepts, which are further worked on in the third part of the thesis. The third part, which is the main part of this Master thesis, is devoted to the regulation of this criminal offence, its classification within the criminal law, international and constitutional context and its detailed characteristics. The Czech court case law is also taken into account, especially with regard to questions related to the arousing of legitimate concern. The fourth part is devoted to the relationship of the...
|
|
|
Penal aspects of corruption
Mottl, Jiří ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
57 Penal aspects of corruption Abstract This thesis deals with the aspects of corruption that are sanctioned under criminal law. The aim of the thesis is to define the current criminal legislation punishing this form of crime, to present its problematic aspects and to propose possible solutions to these issues. In this context, a part of the thesis is also devoted to the definition of the concept of corruption, the historical development of the legal regulation in the Czech Republic in particular, the legal regulation in the field of international and European law, as well as legal comparison with foreign countries. First, the thesis devotes a section to various definitions of corruption by both Czech and foreign academics. Subsequently, the typology of corruption and the factors influencing its occurrence, extent and severity are outlined. Next, the first cases of criminalisation of corruption, the development of legal regulation in the Czech lands, and in particular its regulation within criminal codes are presented in the framework of historical development. Then, the international conventions dealing with the fight against corruption to which the Czech Republic has acceded are presented, as well as the legislation within the European Union. Furthermore, the thesis defines the crimes that are committed...
|
|
|
The imposition of the punitive measure of unconditional imprisonment on juveniles and its execution
Stará, Renata ; Vokoun, Rudolf (advisor) ; Mulák, Jiří (referee)
The imposition of the punitive measure of unconditional imprisonment on juveniles and its execution Abstract This rigorous work deals with the imposition of the punitive measure of unconditional imprisonment on juveniles and its execution and aims to expound the process of imposing and executing this most severe criminal measure. The aim of the thesis is also to point out the lack of legal regulation and its practice. In general, juvenile criminal law is very specific as juveniles are individuals who are still developing; the chapters of this thesis are therefore focused mainly on the specifics by which unconditional imprisonment of juveniles differs from unconditional imprisonment of adults. Even though the application of diversions and alternative punishments is, according to the principle of restorative justice, currently preferred, the issue of unconditional imprisonment is still often discussed, which is why I believe that it is still a topical issue. The thesis is divided into six successive chapters; the merit of the thesis is covered mainly in the third and fourth chapter. The first chapter is focused on the substantive and procedural specifics of juvenile criminal law which are reflected in various criminal law issues. The beginning of this chapter deals with the history of juvenile criminal law....
|
|
|
Selected issues of criminal liability in health care
Houzar, Petr ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Selected issues of criminal liability in health care Abstract The work deals with selected issues of criminal liability in health care. In the introductory chapter it names some specifics of the relationship between health care and law. The second chapter presents selected, fundamental sources of medical law, which in addition to national legislation include selected international conventions and attention is paid to the role of court decisions in the Czech legal system. The same chapter defines some basic concepts that are important for the whole work and for its subject. The third chapter of this work can be considered as a theoretical basis of the subject of this work. The work deals mainly with the theoretical foundations of criminal liability and its origin, in connection with the specifics of criminal liability in health care and finally the specifics of criminal liability of legal entities. Furthermore, this chapter discusses other legal responsibilities that come into play in connection with the provision of health services - civil, administrative, labor and disciplinary liability. This chapter ends with a separate subchapter, which deals with the importance and role of expert opinion in assessing the emergence of legal liability in health care. The fourth chapter of this work is a practical part....
|
|
|
Sanctioning of legal persons
Bartoš, Jan ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
1 Sanctioning of legal persons Abstract Sanctioning of legal person is a topic that is more than relevant. Although the phenomena of criminal liability of legal person is not unknown to the continental Europe, rapid development can be seen in the second half of 20th century and in the beginning of the 21st century where most of European countries enacted laws regarding criminal liability of legal persons. The Czech Republic enacted the Act No. 418/2011 Coll. on the criminal liability of legal persons (hereinafter "ZTOPO"). This diploma thesis is divided into six parts. The first part is about criminal liability of legal persons in general. It provides a quick historical evaluation and analysis of the term criminal liability of legal persons itself, then it is focused on the ZTOPO. The second part is focused on compliance program with regard to its function, preferable content and relevant case law. The third and fourth part is the core of this diploma thesis. The third part solely focuses on sanctioning of legal entities under the ZTOPO. It separately describes every sanction that could be imposed under the law and focuses on the deficits of the legislation. The fourth part describes the criminal liability of legal persons in France, Germany and Austria and thus provides international comparison with the...
|
guest ::
