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Alternatives to Unconditional Sentence of Imprisonment
Kuchaříková, Martina ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
The topic of my thesis are the alternatives to unconditional sentence of imprisonment, while the main emphasis is given to conditional sentence, conditional sentence with supervision, house arrest, a sentence of community service and financial penalty, which means alternative punishments in narrow sense. The aim of my thesis is to describe and summarize the legislation concerning alternative sanctions to unconditional sentences of imprisonment, and to assess the usage of alternative sanctions, as well as to present proposals de lege ferenda. The paper consists of introduction, six chapters, and conclusion. The first chapter analyses the concept of punishment, its purpose and elemental principles that apply for imposing sentences. The introduction to the second chapter focuses on disadvantages of imposing unconditional sentence of imprisonment. It also deals with short-term punishments. It mentions international approaches to alternative measurements, especially the activity of the UN and the Council of Europe. Furthermore, this chapter describes the system of alternative measures. It presents process alternatives, known as diversions, and substantive alternatives, including alternatives to punishment and alternative sanctions. The conclusion of the second chapter deals with the alternative...
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The principle of Contradictority and Its Application in Criminal Proceedings
Zukalová, Jana ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The purpose of my thesis is to provide an analysis of the principle of contradictority and its application in criminal proceedings. I have decided to use the term "contradictory proceedings" even though The European Court of Human Rights that developed the concept usually uses the term "adversarial proceedings". The reason consists in the difference between adversarial proceedings as a special kind of criminal proceedings which is typical for countries within the Anglo-American legal culture and adversarial/contradictory proceedings as a wider concept of proceedings which is based on a respect for the rights of people charged with criminal offences and which can be (and actually is) used both within the Anglo-American legal system and the legal system of the countries in the continental Europe. In this sense, the correct translation into Czech language is "kontradiktorní řízení". The thesis is composed of six basic chapters. Chapters One and Two provide introduction, presenting some theoretical approaches to what contradictory proceedings could or should be. Chapter Three is subdivided into three subchapters. First two of them examine the evolution of adversarial and inquisitorial models of criminal proceedings, dealing with their similarities and differences. The third one summarizes why both of...
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Fraud, Insurance Fraud, Credit Fraud and Grant Fraud
Šenkýř, Emil ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
Resumé (AJ) Fraud, Insurance Fraud, Credit Fraud and Grant Fraud The thesis elaborates on the crime of fraud under Section 209 of the Criminal Code (CC), one of three types of property crimes with enrichment. The author further analyzes three special forms of fraud: insurance fraud (Section 210 of the CC), credit fraud (Section 211 of the CC) and grant fraud (Section 212 of the CC). After an introduction explaining the significance of the topic examined, the author proceeds in the first chapter to a broader interpretation of criminological and sociological context of property crimes and the crime of fraud in particular. In four subsequent chapters the author firstly discusses the general constituent elements of fraud under Section 209 of the CC and subsequently addresses the constituent elements of three special forms of fraud under Sections 210 to 212 of the CC. Analysis maintains the same structure in all chapters: determination of the object of the crime, interpretation of the objective aspect of the crime, discussion on possible offenders and on the subjective aspect of the crime. The author further elaborates on possibility of tougher sanctions for crimes involving aggravating elements and considers possible concurrence with other crimes. In conclusion, the author summarizes the findings reached and...
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Bribery offences
Jančík, Marek ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This diploma thesis deals with bribery offences which constitute the core of the criminal law prosecution of corruption in our country. Initially, the text discusses the notion of corruption and bribery, then it deals with the development of legislation in this area from 1852 to the present time. The paper also analyses the consequences of changes in the concept of criminal offence under the current Criminal Code (Act No. 40/2009 Coll.) in comparison with the previous one (Act No. 140/1961 Coll.). Attention should be given mainly to the fact that formalizing the concept of crime did not bring desired clarification to the facts of crime of the criminal bribery offences. The goal of this diploma thesis is a deeper analysis of the current regulation concerning bribery offences. The Criminal Code which is currently in force recognizes crimes of Accepting Bribes, Bribery and Indirect Corruption. The core part of this work presents an analysis of key notions in the field of bribery offences such as bribe, general interest, official and business person. The text also contains a treatise on the regulation of bribery offences in the Slovak Republic and the Federal Republic of Germany. In conclusion, there are presented some proposals de lege ferenda, which are based on a detailed analysis of the Czech...
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Criminal offence of the unauthorised production and other handling of narcotic and psychotropic substances and poison under section 283 of the Criminal Code
Janoušek, Jaroslav ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The main topic of the presented thesis is a criminal offence of unauthorised production and other handling of narcotic and psychotropic substances and poison under the section 283 of the Criminal Code. The issues raised in this thesis could be considered as permanently topical, since the drug scene is constantly evolving together with the national and international drug policies which are changing as well. This thesis is divided into introduction, five chapters and conclusion. First chapter is focused on a brief historical overview of drug offences with main focus on an unauthorised production and other handling of illegal substances. This chapter also describes gradual development of the legislation regulating unauthorised production and other handling of illegal substances. Second chapter deals with the most significant international treaties and legislation of European Union related to the main focus of this thesis, which have substantive impact on the Czech national legislation regarding the criminal offence under section 283 of the Criminal Code. These regulations are analysed especially in the relevant parts, that are implemented into Czech legislation and that have direct impact on the current version of the criminal offence under section 283 of the Criminal Code. In the third chapter author...
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New Options of Social Inclusion and Prevention of Recurrence of Criminal Offenders
Dvořáková, Magdalena ; Arnoldová, Anna (advisor) ; Jelínek, Jiří (referee)
Trend of declining crime rates in recent years, on the other hand rising recidivism raises many questions for the existing criminal justice system. High return to prison gives the impression that the purpose of a sentence of custodial sentence lose at the beginning of the third millennium its meaning. The challenge not only for the state apparatus, but the whole society is more than ever becoming reintegration of offenders, which is a predictor of risk of recidivism. The aim of this thesis is therefore description and evaluation aspects of the process of social reintegration, taking into account current possibilities to prevent reoffending. Empirical part extends the intention of re-socialization efforts charting selection of innovative programs in social work with offenders. Theoretical material consists of key concepts weighing the Criminology and Penology, which is completed at the end of work formulating recommendations for social work with offenders as a possible guide changes in the life of each individual offender.
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Domestic violence and its prevention
Koblížková, Hana ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
Domestic violence is a vast and grave social problem which pervades the whole society. In my diploma thesis, I follow it up because of its complexity as well, since it comes not only under the field of law and criminology but also psychology and sociology. It was necessary to define domestic violence as a term in the first part of the thesis, and to describe its characteristics which are constancy of aggressor and victim roles, escalation, cyclicity, continuation and repeatability. I deal with impacts of domestic violence on the society as a whole, and present a brief perspective on coping with this issue abroad. Furthermore I look into myths floating around about domestic violence because they show the public's attitude to domestic violence, and in my opinion, that plays an important role for setting the prevention appropriately. The second chapter of the diploma thesis relates to criminological aspects of domestic violence. Successively it concentrates on incidence of domestic violence, its typology, perpetrators and victims, emphasizing exactly the victimological part including the specifics of particular victim groups. The next chapter of the thesis contains an overview of previous development of the legislation in the field of protection against domestic violence. In the fourth part of the diploma...
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Criminal liability of corporations in selected countries of the European union
Slobodník, Martin ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
The author of the propounded thesis is dealing with a controversial issue of criminal liability of legal entities in various countries of Central Europe, i.e. the Federal Republic of Germany, the Republic of Austria, the Slovak Republic, the Republic of Poland and attention is dedicated to their comparison with each other or with the relevant legal provisions of the Czech Republic. The criminal liability of legal persons is not perceived by the experts of criminal law as mere complement of the criminal liability of individuals, but as an equal branch of penal responsibility side by side with the liability of natural persons. For this reason, the author deems its closer examination to be beneficial. This work refers to legislative activities in the Czech Republic, but also in the Slovak Republic and the Federal Republic of Germany, which clearly show that the legislation of these countries is constantly evolving and that their legislators are still looking for the optimal embedding of effective sanctioning of legal entities, including the related penal institutes. In the introduction, the author points out the common international and European obligations of particular researched countries and also provides evaluation of the implementation of commitments by member states to the European Union or to...
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Circumstances excluding illegality
Bláha, Tomáš ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Rigorous thesis mainly proposes a legal analysis of the circumstances excluding illegality contained in the penal code and other related issues. Thesis is especially about private defence, exigency, compliance, tolerable risk and lawful use of a weapon. The first part deals with the historical development of the circumstances excluding illegality, followed by a comprehensive analysis of current legislation and the work concludes fundamental analysis of German law. In the crucial part of the thesis, which deals with applicable law, is noticeable emphasis on the fact that the interpretation links to relevant case law. This is especially true in the case of exigency and private defense as the two most frequently occurring circumstances excluding illegality. Rigorous thesis also includes an excursus into the realm of sports, because one of the chapters focuses more on application of individual facts in issue of the circumstances excluding illegality in sports law.
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The criminal liability and sanctioning of legal person
Hanušová, Zuzana ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
This thesis mainly deals with the analysis of the substantive aspects of criminal liability and sanctioning of legal entities within the meaning of the Act No. 418/2011 Coll., on criminal liability of legal persons and proceedings against them (hereinafter "ZTOPO"), entered into force on January 1, 2012 in the Czech Republic. The law governing the criminal liability of legal persons is effective for almost five years, yet this topic is still very controversial and debated. The aim of this study is to provide a comprehensive brief overview the issue of criminal liability and sanctioning of legal persons in the Czech Republic. The third chapter, which deals with the substantive provisions of ZTOPO regarding the criminal liability of legal persons, is the main content of this work and then also the fourth chapter, which is devoted to the question of delimitation of sanctions, that can be imposed to condemned legal person. This work deals with legal regulation of legal entities, comparisons of the criminal liability legislation of legal entities in France, the Slovak Republic and in Germany, the development of criminal liability of legal persons in the Czech Republic and in particular analysis of selected substantive provisions of ZTOPO. It is also pointed out some of the major shortcomings of the...
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