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Extraordinary Appeal
Marada, Radim ; Šámal, Pavel (advisor) ; Vokoun, Rudolf (referee)
The thesis is devoted to the issues associated with an extraordinary appeal in criminal proceedings. An extraordinary appeal is an extraordinary remedial measure by which final decision of the court may be contested if the court decided in the second instance and the law permits it. The chapter seventeen of the Rules of Criminal Procedure consists of 18 sections which represent the main source of law to this extraordinary remedial measure. The thesis focuses on their analysis while taking the literature and case law into account. Therefore, the paper aims to point out the problematic aspects of corresponding sections and case law that determine the conditions by which an extraordinary appeal may be lodged and processed. Naturally, the paper also seeks to convey the ideas of solving the particular problems in which its readers have been introduced in the thesis. Brief comparsion to the rest of the remedial measures contained in the Rules of Criminal Procedure is also presented. The thesis consists of the introduction, nine individual chapters and the conclusion. The individual chapters are divided into subsections to make the content of the paper easier to be oriented within. The first chapter deals with the conditions of admissibility of an extraordinary appeal. The term decision on the merits is...
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Conditional discontinuance of criminal prosecution
Nacházel, Vojtěch ; Šámal, Pavel (advisor) ; Gřivna, Tomáš (referee)
This diploma thesis focuses on issues connected with conditional discontinuation of criminal prosecution. This concept enables to temporarily suspend criminal prosecution with the provision that if the accused complies with certain set conditions during a certain probation period, the criminal prosecution will be discontinued with final effect. This paper chiefly aims to analyse in detail the conditions required by the Code of Criminal Procedure for the application of conditional discontinuation of criminal prosecution. The paper also presents a brief analysis of the conditions required for other diversions of criminal proceedings permitted under Czech laws. This diploma thesis consists of the introduction, five individual chapters, of which the third and fourth are further divided into subchapters, and the conclusion. The first chapter deals with the concept of restorative justice, which serves as the ideological basis for procedural diversions. An analysis of its individual values, principles and ideas is presented. The first chapter also includes an outline of the programmes under which restorative justice is being developed. The conclusion of this chapter contains the author's thoughts concerning the individual programmes and their implementation in the Czech legislation. The second chapter...
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Criminal aspects of the public procurement
Novák, Martin ; Šámal, Pavel (advisor) ; Gřivna, Tomáš (referee)
147 Summary: The subject of this work, as it follows from its title, is the issue of crimes committed in connection with public procurement. The author emphasizes that it is a problem more than actual. Crime in connection with the public procurement has significant economic and social impacts and is subject of a long-term criticism and constant interest of media. The aim of this work is to present the main features of this form of crime, not only through a detailed analysis of the applicable criminal regulations, but also, using practical experience and analysis of the current case-law of general courts, through identification of the most significant legal or forensic problems in detection and investigation of this type of crime. The work is divided into five parts, which are further divided into sub-chapters and sections. The first part is dedicated to a valid criminal regulation. It defines in detail the various constituent elements of the relevant offenses and the most important legal concepts. The criminal liability of legal persons is not omitted. The second part, though still focused on the criminal regulation, has been concentrating on the applicable regulations of the Public Procurement Act, rather than the Criminal Code, with focus on legal concepts contained in this Act that are also normative...
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The concept and legal consequence of the excessive use of self-defence and necessity
Tušiaková, Kateřina ; Vokoun, Rudolf (advisor) ; Šámal, Pavel (referee)
The concept and legal consequence of the excessive use of self-defence and necessity A principal theme of this diploma thesis is the institute of necessity and self-defence - two circumstances precluding wrongfulness which represent the essential criminal law means enabling citizens through the conduct to protect their and third parties' interest should their rights be endangered. It is not within the power of the state to efficiently defend citizens from all danger and attacks which are aimed against them and, therefore, the institute of necessity and self-defence plays a significant and exceptional role in the society. The Criminal Code provides within the meaning of Sections 28 and 29 the protection only to those who - while averting a directly imminent danger or a directly imminent or pending attack against the interest protected by the Criminal Code - satisfy the statutory requirements. Only such conduct is lawful, beneficial to the society and does not involve the illegality as attribute of crime. By establishing the statutory conditions of the conduct satisfying necessity and self- defence the legislature expressed that the state of danger does not enable discretion on the part of a defender and the rights of an attacker needs, to a certain extent, be preserved. The ramification of a breach...
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Life imprisonment
Černovská, Veronika ; Šámal, Pavel (advisor) ; Vanduchová, Marie (referee)
Life imprisonment Resumé The purpose of my thesis is to penetrate into the issue of life imprisonment and to analyse consequences which are connected with its legislation. The death penalty was replaced by life imprisonment in our country in 1990. The penalty of life imprisonment as the toughest punishment in the legal system of the Czech Republic necessitates big attention, because it causes considerable harm to the human rights of people sentenced to it. That is why it is possible to impose life sentence only in compliance with the strict conditions and only for enumerated crimes, both stated in the penal code. Nevertheless, life imprisonment has its supporters and opponents as well as death penalty, because it has not only advantages in comparison with capital punishment, but also some disadvantages. The thesis tries to describe these problems and propose solutions to it. The thesis is composed of seven chapters, each of them dealing with the issue of life imprisonment from a different point of view. The chapters are thematically divided into subchapters. It is necessary to know the historical context to understand the present legislation of life imprisonment, therefore Chapter One looks at development of life imprisonment, briefly in the world, but it focuses mainly on its development in our territory...
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Crime of murder and killing under Section 140 and 141 of the Czech Criminal Code
Žáčková, Michaela ; Hořák, Jaromír (advisor) ; Šámal, Pavel (referee)
Resumé This thesis called "Crime of murder and killing under Section 140, 141 of the Criminal Code" focuses mainly on description these two crimes, basic problems with interpretation of vague legal concept and evaluating the benefits of the new legislation. Thesis deals with the issue in terms of criminal law, not the criminological point of view. In the beginning, it contains the history of legal regulation of intentional killings in our country, development the protection of human life and main principles governing penal codes in Czech history. Subsequently, the thesis applies one's mind to the status of human life in the present. The protection of human life occupies one of the leading places in the Charter of Fundamental Rights and Freedoms of Czech Republic and in a new Criminal Code effective from the year 2010. Right to life is also the subject of many international treaties or declarations, the most important of them are mentioned. One chapter is devoted to question of precise determination the moment of commencement and termination of human life, which is very important for answering the other question, whether the crime of murder or killing, have been committed or not. The core of the thesis is devoted to characterizing the main elements in murder and killing. New criminal code, Act No. 40/2009,...
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Criminological and Criminalistic aspects of organized crime
Novák, Jiří ; Šámal, Pavel (advisor) ; Gřivna, Tomáš (referee)
English summary The diploma thesis is concerned with the phenomenon of organized crime as one of the most serious forms of crime. The basis of the thesis is formed by its criminological part in which emphasis is within the first chapter laid on delimitation and definition of this phenomenon from phenomenological perspective, description of its characteristic features and distinguishing it from other forms of crime. The second chapter focuses on the causes and conditions giving rise to organized crime, where individual factors facilitating this phenomenon are systematically divided within individual subchapters and are examined always with practical examples of formation and development of individual criminal organizations with regard to their historical context. Emphasis is placed on high level of social dangerousness of this phenomenon for the society as such. The last chapter of the criminological part of the thesis deals in more detail with the main characteristic of organized crime, or criminal organizations, i.e. the notion of internal organizational structure, which is also mentioned in the statutory definition of organized criminal group in Czech criminal law. This section contains numerous examples of individual types of this internal organization and attention is further paid to its significance...
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Identical facts of crime
Sýkorová, Dáša ; Šámal, Pavel (advisor) ; Vanduchová, Marie (referee)
The purpose of my thesis is to describe and analyze the subject of the identical facts of crime. The reason for my research is the close relation of this subject to the practical decision-making by the courts in particular. The thesis is composed of three main chapters, each of them dealing with different aspects of the identical facts of crime. Chapter One focuses on the introduction to the legal regulation of the identical facts of crime in Czech legislation. By reference of several cases it presents the general principles accompanying the courts'consideration of the identical facts of crime. Chapter Two concentrates on the international context of the identical facts of crime. It is subdivided in two parts. Part One looks at the EU-regulation and the decision-making by the Court of Justice of the EU and subsequently, part Two illustrates the approach of the European Court of Human Rights to the interpretation of the Article 7 Protocol Nr. 4 to the European Convention of Human Rights. Chapter Three examines the problems resulting from the incorrect translation of the term "offence" used in Article 4 Protocol 7 to the European Convention of Human Rights into Czech language. Furthermore it focuses on the key decision of the Supreme Court in 2004, which adjusted the interpretation of the above...
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Protective Therapy and Preventive Detention
Úředníčková, Adéla ; Šámal, Pavel (advisor) ; Vanduchová, Marie (referee)
The primary aim of this work is to summarize and evaluate the current legislation for institutions providing compulsory treatment and preventive detention, and if possible to also provide a comprehensive overview of the development of these institutions, ordering and discharging them, with respect to the relevant decisions of the court. This work consists of six chapters, with each one dealing with individual aspects of these institutions, and the introductory chapter mainly explains the circumstances behind the choice of this theme and their impact on the assignment and goal of this work. Another chapter is devoted to the historical development of compulsory treatment and preventive detention. It is demonstrated here how these institutions developed in Europe, as well as the development of protective measures before the establishment of independent Czechoslovakia, namely until the adoption of the Safe Detention Act and embedding compulsory treatment and preventive detention in the new Criminal Code. The third chapter is devoted to protective measures as a whole. It describes what is actually meant by protective measures, which parts of these institutions belong to this category, and in particular it shows major differences between punishment and protective measures. Special attention is also given...
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Criminal Trial
Mitošinková, Zdeňka ; Šámal, Pavel (advisor) ; Říha, Jiří (referee)
This Thesis is focused on the most important part of criminal proceedings - the trial - and also on its actual problems. The purpose of the Thesis is to grant a complex view of the trial and its course as well as chronological summary of particular problems which appear in legal practice. Individual institutions are then analyzed from both academic and practical perspective. The Thesis is divided into five basic chapters each covering different aspects of the trial. The first part deals with general introduction in which are also discussed reasons for focusing on this particular topic, defined key goals and basic structure of the Thesis. Chapter One discusses basic principles of criminal proceedings, especially those most important for the trial. Chapter Two deals with persons taking part in the trial. This chapter analyzes their position during the trial as well as their rights and obligations during aforementioned stage of criminal proceedings. Chapter Three is focused on trial preparation which has extraordinary importance for successful development of the whole trial. Chapter Four, subdivided into four parts, deals with the trial itself. First part concentrates on the arraignment. Second part, the most important one, is focused on the law of evidence and is further subdivided according to...
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