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Crimes against human dignity in the area of sexuality committed against children
Stašáková, Anežka ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Recently, a documentary called "Caught in the net" appeared in Czech cinema, which opened up the ignored topic of sexual abuse of children. So the subject of my thesis is to expand above mentioned topic. The thesis itself is divided into a theoretical part and a practical part, where the theoretical part deals with the analysis of individual sexual crimes committed against children, as defined by the third chapter of the special part of the Criminal Code. In the context of the above-mentioned documentary film "Caught in the net" - it is necessary to point out the term of cybergrooming, which is a relatively new observable way of committing a sex crime via the internet, which is related to the crime of establishing illegal contact with a child under § 193b of the Criminal Code. The facts of the case of this crime is fulfilled at the moment when the offender proposes a personal meeting to a child under fifteen years of age, in connection with the specific intention to commit the crime of sexual abuse according to § 187 par. 1 of the Criminal Code, production and other handling of child pornography according to § 192 of the Criminal Code , abuse of a child for the production of pornography pursuant to Section 193 of the Criminal Code, seduction for sexual intercourse pursuant to Section 202 (2) of the...
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Compensation to crime victims
Mrázková, Martina ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Compensation to crime victims Abstract This diploma thesis deals with the issue of compensation to crime victims, specifically compensation provided by the state, whether under the name of financial assistance or compensation. One of the aims of the thesis was to subject the current legislation to a critical analysis and point out its possible imperfections. I also addressed the question of whether effective legislation succeeds in achieving the objectives set, namely the protection of the victim, the determination of clear conditions for the provision of compensation by the state and facilitating the victim's position in obtaining information and applying for financial assistance. Finally, the sub-objective was also to formulate de lege ferenda proposals that would help resolve the ambiguities and inaccuracies of the current legislation. The whole work is divided into five parts, including the introduction and conclusion. The first chapter is devoted to the theoretical definition of the key institutes necessary to understand the issue. Here I elaborate on the concepts of victimology and related victim facilitation, victimization and provide an overview of the most common typologies of victims. The second chapter introduces the reader to the key concept of crime victims, both from a victimological point of...
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Criminal offences of Murder and Manslaughter pursuant to Section 140, 141 of the Criminal Code
Johannes, Daniel ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
This diploma thesis is focused on the analysis of the factums of murder and manslaughter pursuant to Section 140 and 141 of the Act No. 40/2009 Coll., Criminal Code, as amended, by studying historical and present-day legal acts, related documents, specialised literature from the field of law, medicine, psychology and anthropology, and of the jurisprudence of the Czech courts. The thesis is divided into five main chapters. The first chapter is focused on the historical development of the criminal regulation of intentional homicides since the foundation of the independent Czechoslovakia, starting from the reception of the 1852 Austrian Criminal Code which was applicable in the Austrian part of the former Austro-Hungarian Empire, through the period socialist legislation represented by the Criminal Codes of 1950 and 1961, up to the adoption of the current Criminal Code in 2009. The second chapter addresses the problem of defining the term human life, explaining the moment and the moment of its end. This chapter also gives an overview of the protection of human life as it is guaranteed by the international agreements and treaties as well as by Czech constitutional order in the Charter of Fundamental Rights and Freedoms. The third chapter is the analysis of the criminal offence of murder pursuant to the...
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Criminal proceedings against legal persons
Glinkina, Jekatěrina ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
1 Criminal proceedings against legal persons Abstract On the first of January 2012, criminal liability of legal entities was finally established in the Czech Republic. This happened with effectiveness of the Act No. 418/2011 Coll., on the Criminal Liability of Legal Persons and Proceedings against them. This event significantly influenced Czech Criminal Law and caused a great stir. There has been both praise and criticism of the adoption of this law. Despite the fact that almost ten years have passed since that day and the Act itself has been amended by more than ten amendments, it has undergone extensive development, both in terms of interpretation and application. This thesis is devoted to the issue of criminal proceedings against legal persons, which in the Czech legal system is regulated in general mainly by the Act No. 141/1961 Coll., on Criminal Procedure and further modified by the special Act on Criminal Liability of Legal Persons and Proceedings against them. In a total of six chapters, the author of this thesis discusses in detail not only individual special aspects of proceedings against legal persons, but also addresses the basic issues of this type of proceedings, which are regulated in the general legislation. The author also focuses on the practical aspects of conducting such proceedings and...
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Tax crimes
Beltran, Simona-Estrella ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Tax Crimes Abstract The diploma thesis deals with tax crimes. The aim is to create a systematic overview and evaluation of the current criminal law of tax crimes in the legal order of the Czech Republic. The initial chapter focuses on the general definition of terms, including developmental stages of tax crimes, which mentions the reintroduction of criminality in the preparation of tax evasion, charge and similar mandatory payments in the Criminal Code in specific cases. The next chapter is devoted to a historical evolution into the development of tax crime legislation. The third chapter analyzes the legislative framework of the criminal law regulation of tax crimes in the Czech legal system. As part of the analysis of the crime tax fraud is explained how carousel fraud abusing the tax system within the EU works, as it is one of the most exploited tax evasions in the field of value added tax. This chapter also pays attention to the principle of nemo tenetur ipsum accusare in connection with taxation of income that originated from criminal activities. The next chapter deals with the prevention of tax evasion, with an emphasis on reverse-charge, which is based on the principle that the obligation to declare value added tax is transferred from the provider to its recipient. I follow up with the criminal...
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Culpability in Criminal Law
Gašparík, Milan ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Culpability in criminal law Abstract The topic of this diploma thesis is culpability in criminal law. Culpability is a traditional institute of substantive criminal law and is an obligatory feature of the subjective aspect of a criminal offense. It expresses the internal psychological relationship of the perpetrator to the facts constituting the crime. Criminal liability in the legal system of the Czech Republic is based on the principle of liability for fault. If actual facts relevant from the point of view of criminal law are not covered by the culpability of the perpetrator, his criminal liability cannot be inferred. The thesis is divided into an introduction, 6 chapters and a conclusion. In order to understand the position of culpability within the structure of criminal offense, the first chapter defines the concept of a crime as a whole and its individual features. A general characteristic of the institute of culpability is offered in chapter two. It discusses the principle of liability for fault and the definitional features of culpability, including its individual components, i.e. the consciousness and volitional components, as well as the content of culpability, its degree, and procedural aspects, including the proving of culpability in criminal law. The central chapter of this diploma thesis is...
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Crime of murder and manslaughter under section 140, 141 of the criminal code
Najman, Ondřej ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Title of the thesis: Crime of murder and manslaughter under section 140, 141 of the criminal code This thesis deals with the crimes of murder and homicide under the provisions of § 140 and § 141 of the Criminal Code, which, as crimes against life, represent one of the most serious components of crime in society. In a broader sense, the thesis deals with all intentional killings under Czech law. The basic purpose of this work is to describe and evaluate the current legal regulation of these crimes after the recodification of Czech substantive criminal law effective from 1. 1. 2010. The thesis first contains a comprehensive historical view of the development of legislation in question. Then the crimes of murder and homicide and individual components of their factums are analyzed and described in more detail, especially from an interpretative point of view, including elements established by recodification like premeditation, prior consideration, strong derangement caused by excusable mental motion and the previous condemnable conduct of the aggrieved person. Subsequently, the thesis deals with murder and manslaughter from the point of view of comparative law, where these crimes are compared with some similar institutes within the framework of substantive criminal law. A separate subchapter also...
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Immunity in criminal law
Halás, Mikuláš ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Immunity in criminal law Abstract This thesis aims to offer the reader a view of the institution of parliamentary imunity as it relates to criminal law. This topic frequently divides both the experts in criminal law and also the general public. Despite the fact that most of the time this legal issue is talked about with respect to the constitutional law it has an impact on criminal law, both the substantive criminal law and the procedural criminal law. The complexity of this topic is self-evident and opinions vary greatly across the field, which is one of the reasons why this topic is sought out quite frequently by many students who approach it from various angles. The work is structured in a way to familiarise the reader with the necessary knowledge even if the reader is not an expert in law, but who is, for example, interested in the topic from a political perspective. The thesis covers the basic introduction to the topic, historical evolution of the institution including the legal transformations all the way up to the date this work has been finalised, squaring this institute with the basic principles of democratic state and a comparative analysis of this institute in other European countries. Important part of this thesis is dealing with specific uses of the parliamentary imunity. The conclusion of this...
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Crime of Stalking and Protection of its Victims
Johnová, Patricie ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Crime of Stalking and Protection of its Victims This diploma thesis focuses on the issue of stalking, or more precisely on its individual aspects and its legislation in the Czech Republic. As for the structure of this thesis, it is divided into five main sections. The first section deals with stalking in general. The individual chapters are devoted to the definition of this term, the historical development of this phenomenon and common forms of stalking, including two specific types of stalking, which are cyberstalking and stalking in the workplace. The second section deals with the characteristics of stalkers and their motives. The third section concerns the victims of stalking. The individual chapters successively analyse the typologies of victims, the impact of stalking on victims, including post-traumatic stress disorder, as well as the main strategies oriented towards helping the victims of stalking and, finally, the issue of false victims. The third section and the fourth one are the most comprehensive of all and together they constitute the core of the thesis. The fourth section focuses on anti-stalking legislation of the Czech Republic, whereas the most comprehensive chapter is devoted to the crime of stalking. This chapter is concluded with the issue of punishment for this crime and also...
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The issues of juvenile criminal justice
Veselá, Tereza ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Problems of juvenile justice In my diploma thesis I deal with the issue of criminal justice over youth. Using the research analytical method, I try to describe juvenile delinquency, its causes, the development of juvenile delinquency in our territory and current legislation. I also devote other parts of the work to specific means of sanctioning young people, especially protective upbringing and imprisonment in its unconditional form. I am also subjecting the current legal regulation of these institutes to a comparison with other European regulations, from which we could be inspired when regulating the system of criminal justice over young people. I supplement the theoretical basis with statistics on juvenile delinquency and the administration of juvenile justice in the years 2016-2020 in order to provide an overview of not only the theoretical side, but also current practice. Keywords: Juvenile, youth, offenses, measures, protective upbringing, imprisonment
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