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Crime of stalking under s. 354 Criminal Code
Kubaričová, Sarah ; Šámal, Pavel (advisor) ; Gřivna, Tomáš (referee)
1 Resumé v anglickém jazyce The thesis is focused on the crime of stalking under s. 354 Criminal Code no. 40/2009, affecting the socially undesirable conduct knows also as "stalking". It provides comprehensive view on issue of stalking, respectively issue of dangerous pursuit (literal translation for crime of stalking in the Czech republic that is used in this resume for the lucidity) with wider contexts than just within the czech and criminal law. The dangerous pursuit is a new crime, because its merit was introduced into Czech legal system thanks to Criminal Code effective on 1st of January 2010, therefore this thesis has up to date character and responds to the current situation in the domestic legal environment. This thesis is divided into three main chapters - stalking, historical geography of legal provision and crime of dangerous pursuit itself. First chapter is focused on phenomenon of stalking through its defining, history of term, chosen types according to seriousness of acts of stalkers, victim characteristcs, modern means used while conducting stalking and expartner stalking, the most frequent form of stalking. Categorization based on common factors such as personality of stalker or his dangerousness follows. Subsection no. 1.4. is aimed on assessment of stalking threats and risks, which is very...
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Wiretaping and record telecommunications operation
Valentová, Hana ; Šámal, Pavel (advisor) ; Gřivna, Tomáš (referee)
Interception and Recording of the Telecommunication Operation Diploma thesis, Hana Valentová, 2013 Abstract This thesis describes legislation of two criminal procedure institutes: the interception and recording of telecommunication operation and the data identification of telecommunication traffic. These institutes are covered in the Code of Criminal Procedure. Purpose of this thesis is to analyze this legislation considering protection of human rights and suggest possible improvements of this legislation, which would prevent inappropriate interventions to human rights, particularly personal privacy. The thesis is composed of introduction, conclusion and five chapters. Introduction explains basic issues of this topic. Primarily it concerns relation between these institutes and human rights and general requirements on such legislation given by The Charter of Fundamental Rights and Freedoms. Subsequently, it describes structure and basic aims of this thesis and secondary sources. Chapter One explains history of development of these institutes. It consists of two subchapters. The first subchapter is concerned with the section 88 of the Code of Criminal Procedure, which governs the interception and recording of telecommunication operation. The second subchapter contains relating institute of the data...
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Criminal Trial
Kantorová, Lucie ; Šámal, Pavel (advisor) ; Říha, Jiří (referee)
I have chosen the topic "Criminal Trial", because I am interested in criminal law and during my studies I completed an internship at court, which gave me the opportunity to experience criminal trial in practice. The aim of my thesis is to provide a comprehensive view of criminal trial as the most important part of criminal proceedings with its actual issues. The thesis begins with an introduction and ends on a conclusion. Between that, the thesis is divided into three main chapters. The first chapter is called the general characteristics of criminal trial and deals with the Czech legislation governing criminal trial, purpose and meaning of criminal trial and describes the basic principles of criminal proceedings, especially those most used in criminal trial. The second chapter focuses on the preparation of criminal trial, which is very important. Only a precise preparation can lead to a fluent criminal trial without any adjournment, as law requests. This chapter also discusses presence of the public and media at the court. The chapter tries to answer the question whether it is appropriate if the presiding judge permits making video and audio broadcast from the hearing. The third chapter analyses the course of the criminal trial, especially its beginning, rights and obligations of parties in the...
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The concept and legal consequence of the excessive use of self-defence and necessity
Kapras, Jiří ; Vokoun, Rudolf (advisor) ; Šámal, Pavel (referee)
This diploma thesis deals with the concept and legal implications of excessive self-defense (also private defense) and necessity (also distress). The two terms designate two circumstances precluding wrongfulness that the Czech Criminal Code recognizes. They have been intended to allow every person to defend himself and thus protect his rights against an attack or other forms of danger in case the state authority cannot provide for such protection. If the self-protection is executed within some acceptable boundaries that are provided by the Criminal Code, such behavior can be considered beneficial for the society and therefore nobody should be in any way punished for it. Criminal liability is only established when the given boundaries are crossed and even then there is a certain favored approach towards the perpetrator required. The intention of this diploma thesis is to address the connotations and importance of the given juridical institutes and to evaluate whether they function effectively or not, with eventual suggestions as to how to improve the result. After a short introduction the first part of the thesis deals with the concept of wrongfulness as one of the elements of a crime, and circumstances precluding the wrongfulness in general. In the end of the chapter there is a brief reflection on...
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Temporal applicability of criminal legislation and certain selected issues occurring in practice
Sýkora, Michal ; Šámal, Pavel (advisor) ; Císařová, Dagmar (referee)
1 Abstract The essay is taking through the current problems with the time applicability of the criminal (penal) law in the Czech republic, especially with the view of new Criminal Code no. 40/2009, which has taken place on 1st January 2010 (but the new Criminal Code was in progress for several years). The theoretical part of the essay is about the basic questions of the criminal (penal) law's time applicability, the sources of the law (both national and international) from the past and present, also the basic theoretical insights into the time applicability and finally its current adaptation in the Czech law system and the changes brought by the new Criminal Code. The most significant and serious change in the Criminal Code regarding to the time applicability is to be able to establish the exact time of the criminal act. The previous absence of this adjustment in the Criminal Code no. 140/1960 have caused disagreements between the theory and the judicature, whether the actual time of the criminal act is once the crime has been accomplished or when the criminal act hase been committed. The new Criminal Code have uniquely determined this to be once the criminal act has been committed which means no future disagreements with that issues. The practical part of the essay is describing and dealing with problems...
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Mafia and Italian Politics
Šámal, Pavel ; Buben, Radek (advisor) ; Slačálek, Ondřej (referee)
This final thesis attempts to provide a closer ovierview of specific features of the Italian political arena, which is a mutual penetration of one sphere of organized crime - mafia and politics. The first part of this thesis defines the theoretical structure of the mafia phenomenon and essays to contextualize it within organized crime. The second part begins with an excoursion into the history of the mafia in Sicily from its beginings in the 19th century until the 1970s. The deeper analysis is then devoted to the crucial period of the 1980s and 1990s. The final part of the thesis examines the period of bomb attacks (1992-1993) through the aspect of new investigations. Key words: mafia, Cosa Nostra, politics, Italy, Palermo, organized crime.
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The principle of subsidiarity in a criminal law
Raček, Pavel ; Novotný, Oto (advisor) ; Šámal, Pavel (referee)
The principle of subsidiarity in a criminal law Summary The Master's degree thesis analyzes the principle of subsidiarity in a criminal law as an actual topic beacause this principle is included in the new czech penal code in art. 12 para 2: "The crime responsibility and its consequences can be applied only in social harmful cases if an application of an other kind of a law responsibility is insufficient." However before the new penal code was passed the czech Constitutional Court and Supreme Court had dealed with the principle of subsidiarity in a criminal law in their judgments. The first chapter reports on a general definition of the principle of subsidiarity and the ultima ratio principle and concludes that the phrasing in the citied art. 12 para 2 is too "thin" because the criminal law should be subsidiary not only to the other law but also to the all social tools. The second chapter deals with the principle of subsidiarity as a rule for an interpretation. In the new czech penal code this principle can be used only for the interpretation of these words describing crimes which are not expressed to unequivocal. The next chapter refers to the german "theory of law goods" (Rechtsgutstheorie) and the term social harm. The judgements of the german Constitutional Court are taken into consideration. The...
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Formal and material aspekt of the notion of a crime
Ranostaj, Michal ; Říha, Jiří (advisor) ; Šámal, Pavel (referee)
I. Preview The recent adoption of the new Penal code in Czech republic has entailed a range of new approaches, including new conception of the notion of the crime - a crucial institution of the penal law itself, stretching from the fundamental questions of criminal liability via the institution of an attempt to the field of penal procedure. This has give rise to multiple juridical questions, that this work aims to analyse. II. Subject of analysis One of the principal objectives of this diploma thesis is to be seen in the delineating of conclusions of the positive school of penal law and evaluating the measure to which they influenced the Czechoslovak legislation in the realm of criminal law, examining the role of the phenomenon of the social dangerousness in relation to the particular questions on the field of substantial as well as procedural law. III. Prior research Due to its extensiveness and position in the point of intersection of multiple disciplines , the points at issue have been continuously subject to academic works of numerous authors, stretching from the ancient philosophers, religious authors, canonic jurists, on shoulders of whom the modern jurisprudence had elaborated several conceptions that influenced the modern codifications and have been a significant source of inspiration to...
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Unconditional imprisonment
Vondrák, Roman ; Šámal, Pavel (advisor) ; Herczeg, Jiří (referee)
My diploma work is structured in ten chapters. The first chapter claryfies essence of the suspended sentence. The historical development of the suspended sentence follows. The third chapter refers to changes in the new criminal code. Following two chapters describe legal conditions at putting this punishment. The sixth chapter refers to the suspended sentence close by juvenile offenders. Forms of decision and the executing action are theme of the seventh chapter. The following chapter concerns in the Probation and Mediation Service. The ninth chapter in basic features sketches alternatives to unsuspended sentence. The final chapter think of using the suspended sentence in system of alternative punishments.
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Renewal of proceedings
Fejklová, Lucie ; Gřivna, Tomáš (advisor) ; Šámal, Pavel (referee)
Remedial measures in criminal law are set mainly to eliminate and correct mistakes, which have occurred in the course of the trial. It acts as a review and a remedy of law and legal defects. It can be divided into regular and special ones. Amid the regular remedial measures belong appeal, complaint and protest, to a group of special remedial measures belong apart from a renewal of proceedings, a review of an appeal and a complaint for the breach of law. Renewal of proceedings is a special remedial measure, which brings with itself interference into legal power. Renewal of proceedings with which one can contest only some legitimate decisions, in which criminal prosecution has already finished, is used for a removal of shortcomings in factual findings, because at that time all the decisive facts had not been known and the evidence, which came up only after the former decision has come into legal force. New evidence or facts underlying this extraordinary breach into inalterability and binding of judgments made in criminal proceedings are only the facts that were not part of evidence or survey or were not applied by any of the parties engaged in the proceedings and the only evidence that was not designed nor made by either party during the proceedings. As new evidence can be even used evidence already...
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