|
|
The crime of habitual drunkenness under s. 360 of the Criminal Code
Velich, Roman ; Říha, Jiří (advisor) ; Vanduchová, Marie (referee)
The crime of habitual drunkenness under s. 360 of the Criminal Code The purpose of this thesis could be summarized as a complex analysis of a crime of habitual drunkenness under s. 360 of the Czech Criminal Code. The described crime (sometimes named 'rauschdelikt᾿) represents one of possible approaches to a problematic question: How to hold a perpetrator who has committed a crime in mental state of insanity (irresponsibility), in which he had induced himself by use of alcohol, narcotics or similar substances, liable? As far as conformity with elementary principles of criminal law (such as 'nullum crimen sine culpa᾿) is concerned, the crime of habitual drunkenness seems to be the most suitable answer to the previous question. The crime of 'rauschdelikt᾿ is an old legal institute that is specific in many aspects. I have chosen the topic within the context of recent recodification of substantive criminal law. A previous regulation of this crime was often criticised for many reasons (e.g. improper title, too stringent penal sanction etc.). Thus we can now review if those criticised deficiencies have been set right. The thesis is divided into ten chapters. Chapter One is introductory and defines basic terminology used in the thesis, such as 'insanity᾿, 'culpability᾿ and so on. The third subchapter...
|
|
|
House Arrest Punishment, Its Execution and Control
Sommer, Ivo ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
House Arrest Sentence, Its Execution and CHouse Arrest Sentence, Its Execution and CHouse Arrest Sentence, Its Execution and CHouse Arrest Sentence, Its Execution and Controlontrolontrolontrol House arrest is one of the new types of sentences brought by the new penal code, which came into force in 2010. This thesis should give a brief view on the matter of imposing, executing and control of the house arrest sentence in the Czech Republic. House arrest is a type of sentence when offender serves his sentence at home instead of prison. He or she must stay at home at night from 22.00 till 5.00 or in time determined by court and all the weekends and public holidays. It means that the sentenced person is able to perform his job or studies and take care of his/her family. Other reason for enacting the house arrest sentence is that the convicted person is not affected by the prison environment, which makes his return to normal life difficult or even impossible. Very important is also the financial matter of the sentence, because compared to imprisonment, the house arrest should save more than 2/3 of expenses. A court may impose house arrest when the criminal offence is punishable by the prison sentence in maximum duration of 5 years. The offender's explicit consent with the imposing of this sentence and other...
|
|
|
Death penalty
Kotroušová, Lenka ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
The issue of the death penalty is not just a matter of legal and political, but mainly social, ethical and moral. As other questions like abortion, euthanasia and gay adoption of children, this issue forces us to make up our own opinion and take an attitude. In addition, capital punishment is not only historical relic, but there are still lot of states that retained it in their legal system and also a lot of states that can perform it today. And it is not just a totalitarian or authoritarian states, as it might seem, but also a modern democratic society such as Japan or the United States of America. In the second chapter of his work, I focus on issue what is punishment and what kind of punishment and purpose exists. In the third chapter I try to outline the history and present of the death penalty, in the fourth chapter on methods of its execution. In the fifth chapter I introduce arguments of supporters and opponents of the death penalty, in next chapter I focus on public opinion. In the seventh chapter I work with international documents that deal with the death penalty. In the eighth chapter, I try to look at the death penalty from the perspective of Christian faith. The ninth chapter focuses on alternatives to the death penalty and the tenth deals with several well-known cases which have occurred in our...
|
|
|
Issues of criminal liability of legal entities
Krumlová, Monika ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Resumé Issues of Criminal Liability of Legal Entities This thesis deals with criminal liability of legal entities and with delictual liability of legal entities. Even though there is no Czech equivalent for the institution of criminal liability of legal entities, and consequently it cannot be part of Czech legal system, there have been many heated debates, conducted both by professionals, politicians and amateurs. Czech criminal law does not contain the term collective responsibility, as it is traditionally based on the individual criminal liability. It has adopted the principle societas delinquere non potest, and for this reason the introduction of criminal liability of legal entities would be perceived as massive change, change that could have profound impact on the Czech criminal law as such. The topic is controversial; it is manifested in the way the arguments pro and contra are submitted. The thesis consists of seven chapters. Basic definitions are followed by a short historical overview of delictual liability of legal entities in European continental law. Next chapter lists arguments pro and contra introduction of criminal liability of legal entities. Tendencies in international and in European continental law constitute one of the main arguments for introducing this institution into Czech legal...
|
|
|
Concept of Crime in the New Criminal Code
Glatzová, Andrea ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The Criminal Act, No. 140/1961 Sb., was amended many times during its effectiveness. The amendments reacted mostly to the actual needs given by changes of crime development. During the 1990s it became obvious that these changes could not be sustainable for the future. Recodification of criminal law was prepared, and finally approved by the Parliament of the Czech Republic. The new Criminal Act came into force on 1st January 2010. The purpose of my thesis is to analyse the concept and classification of offences in the new Criminal Act. The thesis consists of eight chapters, each of them dealing with different aspects of the concept and classification of offences. Chapter One is an introduction briefly explaining the need for the new Criminal Act. The introduction also includes a short outline of the thesis. Chapter Two defines basic terminology used in the thesis (the definition of an offence, the concept of an offence and the classification of offences). Chapter Three examines the historical development of the concept of an offence and categories of offences. This chapter focuses on the Austrian Criminal Act 1787, the Austrian Criminal Act 1803, the Austrian Criminal Act 1852, draft bills of the Criminal Acts 1926 and 1937, the Criminal Act 1950 and the Criminal Act No.140/1961 Sb. Chapter Four...
|
|
|
Security detention in the Czech Republic and its legal regulation in England and Wales
Bye, Zuzana ; Vanduchová, Marie (advisor) ; Vokoun, Rudolf (referee)
Security detention represents a new type of protective measure, which became part of the first amendment to the Criminal Code and then in the broader sense of its recodification, with effect from 1.1.2009, respectively 2010. Security detention aimed to deal with a pressing social problem regarding the treatment of certain particularly dangerous patiens in psychiatric hospitals. While studying the problem I contacted the then chief of the detention Institute in Brno, MD. Petr Stožický who provided me with qualified information on the practical operation of the first detention institute within the Czech Republic. The available laws, comments and controversy in 2010 ranged broadly at a theoretical level. The study contains the legislation of a similar programme in England and Wales.
|
|
|
The Crime of Evasion of Alimony Payments under s. 196 of the Criminal Code
Štulík, Jan ; Vanduchová, Marie (advisor) ; Vokoun, Rudolf (referee)
This thesis deals with the Crime of Evasion of Alimony Payments under s. 196 of the Criminal Code. By this provision the Czech law protects the statutory claim to maintenance between family members. The aim of this thesis is comprehensive explanation of all aspects of this crime. In introduction are analysed reasons, which led Czech lawmaker to enact punishability of failure to fulfill maintenance obligation. Special attention is given to historical evolution of this crime in Czech law. Main part of this thesis deals with elements of the crime, including definition of statutory maintenance obligation. Attention is given to condition of effective repentance (s. 197 of the Criminal Code) and possibility of concurrence. In the last chapter are described some procedural aspects.
|
|
|
Diversion in criminal procedure
Vlček, Vratislav ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This thesis deals with the institute of the diversion in the czech criminal procedure law. The introduction of the thesis is devoted to the conception of the diversion in general and to the position of the diversion in the czech criminal law. It also explains particulars of the subject and extend of the evidence concerning the diversion. Then it analyses the specific forms of the diversion in czech criminal procedure. Special chapter deals with the possibilities of aplication of diversion in the procedure conducted against the juveniles. Each form of the diversion is compared with the relevant international legal documents. Frequency and representation of specific forms of the diversion according to the statistic numbers are also not left out of consideration. The advisability and the correctness of specific forms of the diversion in czech criminal procedur is viewed too. In the conclusion of the whole thesis contains the reasoning de lege ferenda and offers solutions for more effective use of the diversion.
|
|
|
Alternatives to unconditional imprisonment
Sýkorová, Pavlína ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
ALTERNATIVES TO UNCONDITIONAL IMPRISONMENT Pavlína Sýkorová My diploma thesis deals with alternative punishments which may be imposed as an alternative to imprisonment. The thesis is divided into six chapters. In the introduction of my thesis first I deal with general issues, I define the term and the purpose of punishment and I outline the concept of Restorative justice which presents the base of alternative approaches in the penal law. The second chapter describes the system and various forms of alternative sentences and criminal procedure alternatives (procedural diversions), their historical development in the Czech Republic since 1989 and the activity of international organisations in this domain, especially United Nations and The Council of Europe. In this chapter I also present the institution and characterise the activity of the Probation and Mediation Service which has an important role during the imposition and execution of some alternative punishments. The main attention in the thesis is concentrated on the chapters 3 to 6 which concern particular alternative forms of punishment in the valid and effective Czech legislation, their imposition and execution. Successively, I deal with conditional prison sentence, pecuniary punishment, community service and home arrest. Final subchapters of these...
|
|
|
"Crime of murder under Section 140 of the Czech Criminal Code, criminal-law and criminological aspects"
Vlasáková, Barbora ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This thesis called "Crime of murder under Section 140 of the Criminal Code, criminal-law and criminological aspects" focuses mainly on description of variety aspects connected with the above mentioned crime. It does not thus concentrate only on a legal standpoint. In the beginning, it contains history of legal regulation of the crime of murder, depiction of punishment for such crime in a "historical" area of the Czech Republic within past centuries, as well as development of principles governing the main criminal codes (or regulations) throughout history. Term and principle of protection of the human life is, as an integral part and key term of the thesis, mentioned therein including very precise and detailed definition of the commencement and termination of the human life such moment being very important for determination whether the murder may have been, in certain cases, committed or not. Actually, right to life is also one of essential notions used also in international-law treaties and declarations whose list is also contained in the thesis. As it follows from the title of the thesis, its core shall be (and, indeed, is) represented by the valid legal regulation of the crime of murder under Czech law. After decades of usage of socialist criminal code, Act No. 40/2009 Coll., Criminal Code, as amended,...
|
guest ::
