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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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The diversion of criminal proceedings
Havelková, Tereza ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This paper deals with diversion in criminal procedure which is an alternative to criminal proceeding conducted in a classical way and which is an important part of modern criminal trial. The paper analyses single diversion groups and conditions for their use. Diversion has been outlined effective means for simplification of criminal procedure with a significant part of criminal cases. It has been pointed out that the most important effects of using diversion is unburdening of criminal justice, a not inconsiderable economisation of financial funds spent by the state on enforcement of criminal justice and with some kinds of diversion it is also the desirable strengthening of the position of the injured party in criminal procedure. The role of the Probation and Mediation Service of the Czech Republic, as an irreplaceable subject when dealing with criminal affairs by diversion, has been generally outlined. A simple excursion into the French legislation relating to diversions and the latest kind of diversion in the Czech Republic - agreement on guilt and punishment - has been described.
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The injured party in criminal procedure and his/her protection
Kadlčíková, Eva ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The injured party in criminal procedure and his/her protection The purpose of my thesis is to analyse position of the injured party and his/her rights in Czech criminal procedure and to highlight changes which will be brought to rights of injured party by The Victim of Crime Act. This thesis is divided into five chapters. The first chapter briefly introduces the historical evolution of legal regulation of the injured party position in criminal procedure in the territory of the current Czech Republic. Next chapter is concerned with the term "injured party" in the current legal regulation. This part of thesis is especially focused on the need to differentiate between the terms "the injured party" and "victim of crime". The third chapter contains a crucial part of my thesis - it deals with the injured party position in criminal procedure and his/her rights. The chapter is composed of six subchapters. The first subchapter addresses the issue of general interpretation of procedural position of injured party in the Czech Criminal Procedure Code. Next subchapter shifts the focus to two categories of injured parties in criminal proceedings (the first category is the party of adhesion procedure with special rights, the other one is not). The third subchapter describes the procedural rights which are granted...
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An agreement on guilt and punishment
Pospíšilová, Aneta ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
An agreement on guilt and punishment The presented thesis deals with the relatively new institute of the criminal procedure, namely the agreement on guilt and punishment (hereinafter also referred to as "agreement") that was implemented into Czech law by an amendment of the Code of Criminal Procedure, namely by the Act no. 193/2012 Sb., effective from 1 September 2012. The introductory chapter deals with a closer description of the agreement on guilt and punishment. The author presents first available definitions of the agreement and points up its questionable classification as one of the so called "deviations" from the regular criminal procedure. The thesis evaluates the harmonization of this institute with the basic principles of criminal procedure, the fulfilment of which is decisive for the typical character of the continental criminal procedure. In this chapter, the thesis also deals with the question whether the agreed sanction is capable of fulfilling the purpose of punishment as such. The second chapter of the thesis is focused on the prerequisites that are necessary for the prosecutor and the accused to be allowed to enter into the agreement on guilt and punishment. Further, the chapter elaborates on the negotiation process and legal requisites of the agreement. Last but not least, the...
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