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Crimes of rape and sexual coercion - comparison of legislation in the Czech Republic and Republic of Ireland
Nová, Laura ; Říha, Jiří (advisor) ; Hořák, Jaromír (referee)
Rape and Sexual assault - legal comparsion of offences in the Czech Republic and the Republic of Ireland Summary The diploma thesis is comparsion of sexual offences, in particular rape and sexual assault, which are closely scrutinized from a two different legal systems - czech and irish criminal law. The aim of the thesis is to analyze each offence and to find potentionally applicable de lege ferenda solutions for the czech criminal law. It shall be noted that while czech criminal law is mainly to be found in a single piece of legislation known as Code No. 40/2009, the Criminal Law Act. Irish criminal law on the other hand not only has a separate statutory legislation but also and mainly common law doctrine. The thesis is composed of eight chapters. First chapter outlines brief history and characterises sexual offence of rape in the czech criminal code. Second chapter, characterises the offence of rape from the common law doctrine and also statutory legislation in the irish legal system. Third chapter is focused on comparison of the offence of rape, and points out the main differences between czech and irish criminal law. Fourth, fifth and sixth chapter likewise does so with the offence of sexual assault. Seventh and eight chapter describes importaint proceedural institutes, which are related to sexual...
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Youth Criminal Responsibility - Comparison of Regulations in the Czech Republic and in England and Wales
Němcová, Jana ; Vanduchová, Marie (referee) ; Hořák, Jaromír (referee)
The aim of this diploma thesis is to introduce and compare the rules and regulations of criminal responsibility and ways of punishing of youth offenders in the Czech Republic and in England and Wales. The thesis is divided into three parts. The first part deals with rules and regulations in the Czech Republic, the second part deals with rules and regulations in England and Wales, and the third part compares the rules and regulations in both jurisdictions mentioned. The third part also includes de lege ferenda considerations about the possible usage of findings from the English jurisdiction in the Czech legal system. The first part of this thesis systematically describes relevant provisions of Act No. 218/2003 Sb., the Juvenile Justice Act (ZSVM). This act is partly based on a welfare model, when it accents protection of a youth against outer risk factors, and it is partly based on a justice model, when it imposes an obligation on a youth to take responsibility for his/her unlawful actions. Besides, it acknowledges the principles of restorative justice - it stresses the obligation of a youth to redress the harm he/she has caused, to satisfy the needs of his/her victim and to reintegrate back into society. ZSVM differentiates between three types of sanctions - educational, protective and criminal. The minimal...
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Crime of Stalking under section 354 of the Czech Criminal Code
Řeháková, Tereza ; Hořák, Jaromír (advisor) ; Vanduchová, Marie (referee)
This thesis is focusing on the topic of the crime of stalking under section 354 of the Czech Criminal Code (Act. no. 40/2009). The offence of stalking captures in its merit the harmful psychological and social phenomenon known under the name stalking. Aim of this thesis is to provide comprehension of the offence of stalking particularly in the context of the phenomenon on its broad forensic psychological level. The conclusions about the crime itself are then derived from the observations made while examining stalking in its whole complexity. Aim of this thesis is also providing suggestions through comparison of the Czech legislation and legislations of selected foreign countries. The topic of this thesis in opened with proper definition of the term stalking followed by and insight of its understanding and concept in the course of centuries. Moving towards modern era, evidences contradicting common myths associated with stalking phenomenon are given, following the historical background. Following chapters deal with the perpetrators of stalking and introduce the problematics of stalking in the light of forensic psychology. Forensic insights are then used as a stepping stone for the journey towards examination of stalking through the lens of criminal law. In these chapters focus is primarily on...
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Prevention of recidivism
Oliberiusová, Jitka ; Gřivna, Tomáš (advisor) ; Hořák, Jaromír (referee)
The criminal recidivism is a serious social problem. The aim of the thesis is to analyze the existing means used to suppress recidivism, their evaluation and to propose how to make them more effective. The thesis consists of four main chapters, which are divided into subsections. Chapters deal with the introduction of recidivism and crime prevention and also with the various measures that serve to prevent recidivist crime. After the introduction follows the chapter introducing the concept of recidivism. This chapter outlines also the differences in conceptions of this concept and introduces different kinds of recidivism based on their different conceptions. This chapter also shows how recidivism is conceived and repressed in Czech law. The second chapter deals with crime prevention in general and with its impacts on preventing recidivist criminal activity with respect to the specific causes of recidivism. This chapter also explains the differences between primary, secondary and tertiary prevention and also introduces the possible preventive activities. The third chapter presents various possible criminal sanctions and their possible alternatives. The first subchapter is dedicated to imprisonment and activities that are made within it for subsequent elimination of recidivist activity. Furthermore...
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Euthanasia and the Criminal Law
Křečková, Veronika ; Hořák, Jaromír (advisor) ; Vanduchová, Marie (referee)
The goal of this thesis is to point out the weaknesses of the current terminology of euthanasia and get a closer look on the role of the euthanasia in the Czech legal system with the main focus on criminal law. The secondary goal is to evaluate de lege ferenda legislation. To address this issue comparison of Czech and foreign legislation was included. The analysis leads to conclusion that the term euthanasia needs to be correctly defined to be usable in academic discussion. The definition needs to include differentiation from other conducts that are called euthanasia by the general public even though they cannot be classified as euthanasia by law. The main conclusion of the thesis is that legislation of euthanasia is not a right way forward in the Czech Republic. Nevertheless the Czech legislation should include criminal act of "killing upon request". Alternative to euthanasia should be improvement of palliative care and application of the institute of living will in practice. All future solutions of this controversial issue have to be based on comprehensive and diverse discussion amongst both the public and the legal experts.
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Domestic violence - in particular, criminological and criminal aspects
Kudryová, Michaela ; Hořák, Jaromír (advisor) ; Gřivna, Tomáš (referee)
Resumé (Aj) Domestic violence - in particular, criminological and criminal aspects The domestic violence is a significant societal problem which requires the attention of every state. But this opinion did not prevail in history. Although the domestic violence appeared across all social strata and historical periods, it was viewed as private problem of the family. In the Czech Republic the domestic violence has started to be considered as a public affair in last years. Nowadays the state guarantees especially a protection to victims of domestic violence. The legal order of the Czech Republic contains several acts affecting the domestic violence. The regulation of this phenomenon can be found in both private and public law. The aim of my thesis is to provide an integrated view to the domestic violence issue focusing on criminological and criminal aspects. This thesis is divided into eight chapters. First I tried to define a fundamental characteristics of domestic violence, then I turned my attention to the victimilogy and mainly to victims of domestic violence and impacts of the violence on their psyche. Third chapter is devoted to the Domestic Violence Act, which contains in particular legislation relating to expulsion as a protective instrument against domestic violence or introduces intervention centers....
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Elderly crime and specifics of criminal proceedings incl. the execution of sentences imprisonment in case of offenders over the age of sixty-five
Pfannová, Anna ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Elderly crime and specifics of criminal proceedings incl. the execution of sentences imprisonment in case of offenders over the age of sixty-five Abstract The diploma thesis deals with the specifics of the criminality of offenders over the age of sixty- five and its criminal sanctions. The author examines the criminality of offenders over the age of sixty-five from several perspectives, it is a comprehensive composition of the issue. The author works with examples from the decision-making practice of courts and statistical data obtained in response to requests under Act No. 106/1999 Coll., on free access to information. The diploma thesis is divided into five chapters. The first chapter defines the basic legal terms of criminology and criminal law, as well as legal terms and institutes related to the criminality of the elderly (diminished sanity of the offender, criminal career etc.). The relevant section of the applicable legislation is also defined. The second chapter is devoted to elderly offenders and elderly convicts primarily in terms of their categorization. The author also distinguishes between the terms of aging crime and elder crime. The chapter includes a comparison of elderly criminality with juvenile criminality. The third chapter deals with older offenders in the position of criminal...
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Current issues of criminal liability for tax reduction
Sák, Ondřej ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Current issues of criminal liability for tax reduction Abstract This thesis is focused monothematically on the crime of tax, fee and similar mandatory payment reduction under § 240 of the Criminal Code. The main goal of this thesis was to focus on current issues related to criminal liability for this crime, which is, even according to results of the statistics presented in this thesis, the most significant tax crime. As the introduction to this thesis, the sources of tax criminal law were presented and the tax system was also described. The second part of the thesis was devoted to a detailed analysis of the individual elements of the crime of tax, fee and similar mandatory payment reduction, while the main problem was identified as the subjective aspect and its burden of proof. Attention was also paid to the extent of tax cuts and the related continuation of the crime. An equally important element related to the criminal liability for this criminal offense is the qualified factual basis, to which a separate chapter has been devoted, in which, as in the previous ones, the assessment of these issues in the context of current case law, is emphasised. The following chapters deal with the issue of effective remorse and the principle of ne bis in idem, which has received a great deal of attention in recent years...
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Criminal Complaints and its Significance in Criminology
Pipek, Tomáš ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Criminal Complaints and its Significance in Criminology Abstract Criminal reporting is the most important source of initial information on criminal offences for law enforcement authorities. The number of filed criminal complaints and the willingness of the public to report crimes affect the number of initiated criminal proceedings, prosecutions and convicted offenders, i.e., the fight of the state (or society) against crime, directly. The institute of criminal complaints is examined in terms of law, criminology, sociology, and psychology. Finally, the real role of criminal complaints in the fight against crime is identified through statistics. The topic of the thesis is the criminological significance of reporting crimes. Within the thesis, the concept of criminal complaints is introduced and legally classified as a way in which the law enforcement authorities learn about the facts indicating that a crime has been committed. The requirements of the criminal complaint and the consequences of any formal and content deficiencies are mentioned, too. There are also discussed the obligations to make and receive a criminal complaint, the procedure, and ways of settlement, but also to the unlawful acts which the reporters may commit when making criminal complaints. The thesis also pays attention to the reporters...
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Reporting of Crimes and Significance of Reporting in Criminology
Kubínová, Aneta ; Hořák, Jaromír (advisor) ; Vokoun, Rudolf (referee)
Aneta Kubínová: Reporting of Crimes and Significance of Reporting in Criminology, 2016 Abstract: A criminal complaint is an instrument of criminal law, which allows the public to participate on suppression of crime. Furthermore, a criminal complaint is the most common mean how the criminal justice learns about committed crimes. This master thesis aims to cover the topic of reporting of crimes via a criminal complaint in the legal system in Czech Republic. The thesis is divided into six chapters. The first chapter covers the basic principles regarding the reporting of crimes in the Czech Republic. The subchapters revolve around criminal law principles relevant to the submission of the complaint, registered and latent criminality and perspective of the victim of reported crime. The second chapter studies the legislative requirements of the reporting of crimes in the Czech Republic, which is mostly regulated in the Criminal Procedure Code. The subchapters focus on a criminal complaint viewed as an incentive for criminal prosecution and on the formal and content requirements. The third chapter examines the preparatory proceedings of prosecution. The subchapters address the proceedings following the filing of a criminal complaint, the criminal investigation and introduce the reduced preparatory proceeding. The...
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