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Stages of the Commission of Crime under the Czech Penal Code and the Model Penal Code
Maternová, Tereza ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The master's thesis provides a rare insight into the issue of stages of the commission of crime from the perspective of two different legal systems through a comparison of the 40/2009 Coll., Penal Code's and the Model Penal Code's provision on criminal attempt in all its major aspects. The purpose of such comparison is to identify the most important differences between the two approaches, to assess the quality of the Czech Penal Code's arrangement and to consider any de lege ferenda suggestions arising for the Czech Penal Code from the detected distinctions. Such is provided through a thorough analysis of the Czech relevant legal framework, an analysis of the major relevant aspects of the Model Penal Code and a following scrutiny of the differences discovered. Powered by TCPDF (www.tcpdf.org)
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Witness and his protection in criminal proceedings
Babincová, Aneta ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The thesis deals with witness in criminal proceedings. The thesis defines witness as a person, it states witness's rights and duties, the most important duty is witness general duty, recognition, confrontation, investigative experiment and reconstruction. The thesis concisely deals with interrogation of the witness and with special interrogation situations as a interrogation person under age of fifteen, person who is old, sick or dying. In thesis, there is mentioned the institute of material witness and with the institute of cooperating accused. The thesis also focus on protection of witness, from point of view the Criminal Procedure Code and special Act. no. 137/2001. In thesis, there is also briefly delineates analysis of legal status of witness in Slovakia, with focusing on protection of witness and on institute of material witness. The thesis tries to comprehensive focusing on the status of witness. The thesis contains seven chapters.
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The means of custody substitution in criminal proceeding
Škařupová, Petra ; Jelínek, Jiří (advisor) ; Gřivna, Tomáš (referee)
The aim of this thesis is to outline the general assumptions of custody in criminal proceedings, the historical development of institutes of custody means up to the present legal form, and interpretation of current legislation of means of custody substitution. Among these alternatives belongs association or trustworthy person guaranties, written promise of accused, probation officer supervision and bail. Furthermore, this thesis includes the means of custody substitution for juveniles, comparison with foreign legislation in area of custody substitution with the Federal Republic of Germany and the Slovak Republic and also includes an outline of a new form of treatment of these institutes with a view to preparing the new version of the Criminal Procedure. This work is complemented by specific findings and results concerning the use of funds in the custody of compensation practice. The conclusion includes my own arguments relating to means of custody substitution and form their proposals de lege ferenda, which aim to streamline and modernize the criminal proceedings so that this better fulfill its true social purpose, which is to detect and prosecute the real criminals.
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Crime relating to the abuse of addictive substances
Juránková, Sandra ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
95 Summary - Crime Related to Substance Abuse This diploma thesis deals with the phenomena of drugs from the criminal law point of view. This topic represents a danger for a lot of domains, eg. criminality, therefore it is necessary to pay appropriate attention to it. The first chapter is introductory and it defines the basic terminology concerning drug problem. The next chapter looks at the drugs in international dimension. It focuses on international treaties handling narcotic drugs and psychotropic substances, which affected legislation in the Czech republic, especially by those adopted in the United Nations. I briefly mention overall situation in the Czech republic after 1989. The third chapter describes the evolution of legislation from the time of Austro- Hungarian empire until the times of new criminal code. The principal part of my diploma thesis concerns primary and secondary aspects of drug-related crime. The fourth chapter is a detailed analysis of drug crimes according to criminal code Nř 40/2009 Coll. Analysis of the individual merits follows after defining common features of these crimes. This chapter also reflects the Constitutional court decision. This decision cancels part of criminal code that enabled government to determine in its regulation the quantity of the drug which is to be treated...
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Crime of theft under s. 205 of the Criminal code
Žídek, Ivo ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The crime of theft under s. 205 of the Criminal Code Theft is a traditional offence against a property and it is the most frequent offence in Czech Republic. A statistic of the thefts committed in 2011 compared to the other offences against a property is attached to this dissertation work. Every criminal offence in Czech Criminal law must be established by a statute. Theft is regulated in section 205 of the Criminal Code. Theft is unique for its duality of body of an offence. Subsection 1 regulates the basic form of the theft, whilst subsection 2 regulates recidivism. The following subsections 3-5 deal with circumstances in which more severe sanctions might be applied. The basic element of theft is wrongfulness. Only a wrongful act might be regarded as a crime. The wrongfulness might be presumed from various statutes and branches of law other than Criminal law (e.g. Civil law, Constitutional law). The other element of a theft is its body of an offence. It consists of an object, objective side, subject and subjective side. The object of the theft is value against which the offender's action is aimed. Theft's object is proprietary right of an owner. Objective side generally consists of a conduct, result and causality. The objective side of the theft according to subsection 1 is "appropriation of thing...
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Participation of the Counsel in the Preliminary Proceedings
Jelínek, David ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Participation of the Counsel in the Preliminary Proceedings A right of defence is one of basic rights of democratic state of law. It is contained in various international treaties and also in our constitution, namely in article 40 of Charter of Fundamental Rights and Basic Freedoms. In case of criminal procedure it is further adjusted in Criminal Procedure. Representation by a defence counsel is one of the main ways how to fulfill a right of defence. A defence counsel becomes essential compoment of criminal procedure. Especially in preliminary procedure is defence counsel and his services irreplaceable. For that reason I decided to examine the role of defence counsel in preliminary procedure. My diploma thesis consists of five chapters, whilst first chapter is introduction and last conclusion. First chapter is an introduction into topic of right of defence and role of defence counsel in criminal procedure. It also deals with legal sources of right of defence and its brief history form 1873Criminal procedure until recent Criminal procedure. In second chapter of my thesis I deal with right of defence in general and with different concepts in several subheads. Therefore subheads deal with problems of representation by defence counsel and subsequent mandatory defence. Subheads also deal with chosen and...
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Murder and manslaughter within the Czech criminal law
Vlasáková, Barbora ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The crimes of murder and manslaughter described in this thesis consist in intentional killing of other person. These crimes are very serious ones and are contained in the first part of first chapter of Act No. 40/2009 Coll. the Criminal Code, as amended, and attack against one of the highest and the most protected interest - the human life. The aim of this thesis is to provide its reader with a rather complex and well arranged description of the above-mentioned crimes from the criminology and criminal law standpoint. The author tried to capture the most essential differences between the murder and manslaughter, both being often called the intentional killing. The author endeavors to briefly outline in this thesis a historical development of legal regulation of intentional killing from the past to the present day. The thesis also defines the human life, the moment of its commencement and termination as a crucial moment from which the crimes of murder and manslaughter are considered accomplished. Furthermore, it describes their basic and qualified facts of the case, a possibility of punishment of its offenders and individual phases of both crimes described in this thesis. The crimes are also covered from the criminology standpoint, criminology is characterized as a science, individual offenders of violent...
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Action in caused by insanity
Šimek, Milan ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
This paper contains historical and analytical analysis of the specific problems of crime committed culpable and lumpy and pursue irregularities in the Czech legislation, which is currently done through the special facts of the case that are contained in the criminal code, and that its section 360, when by the legislator used the name of their concept of a singleton in criminal law the offence is "Drunkenness". When it has developments of previous legislation and, secondly, the interpretation and analysis of the current legislation in the Czech criminal code. The introduction is then carried out the interpretation of the problems of substance abuse and their result in the invocation. The work also includes a comparison with foreign legal regulations and considerations de lege ferenda.
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The criminal liability of legal persons
Krátká, Lenka ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The thesis discusses the new institute, which was introduced in the Czech criminal law, the criminal liability of legal persons. Until the adoption of the law on criminal liability of legal persons and proceedings against them, could be the perpetrator of the crime only an individual person. From 1st January 2012, which came above the law in force, the offense can be committed by persons in addition to physical and legal person. The first part is focused on defining the term of a legal person and criminal liability. The next section is then analyzed foreign legislation, which is to see the different concepts and embedding corporate liability. Finally, it analyzes the new act, along with the author's proposals de lege ferenda a description of the use of the new institute in practice. In the Czech Republic, the first discussions about the introduction of criminal liability unleashed already in the twenties and thirties of the last century. In the very beginning the idea of introducing criminal liability of legal persons rejected, but with the passage of time and the development of crime committed by legal persons anchoring penalties and sanctions to those already seemed as unthinkable. The adoption of the law on criminal liability of legal persons Czech Republic live up to their commitments to it arising from...
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Criminal act of fraud with focus on fraud in the health care system
Klos, Dušan ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
This rigorous thesis deals with the crime of fraud as regulated by the Czech criminal law with focus on fraudulent practices within the system of healthcare services provision. The crime of fraud represents generally one of the most frequent wrongful practices. The Czech legislation distinguishes between the general form of fraud and special form of fraud, within the framework of which specific subtypes of fraud are defined. Fraudulent practices not only occur in the healthcare system, but are also supported by the system. The reasons are numerous. The first reason is that there is a large number of participants in this system with multiple complex links between them, which are part of the healthcare system as such, the second reason is the rather unclear and non-transparent situation of financing and cash flows in this area, and finally, there is a considerable amount of money going into the healthcare sector annually. Financial losses within the system, which are caused by such wrongful practices, are estimated to amount to about 3% of the contributed amount, i.e. 3% of the CZK 290 billion flowing into the healthcare system of the Czech Republic. This sum is alarming and calls for increased attention from the professional public and for the creation of a rational and functional model for fighting the...
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