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Criminal liability of legal entities and possibility of their exculpation through compliance programmes
Doležal, Michal ; Galovcová, Ingrid (referee)
This master's thesis focuses on the topic of criminal liability of legal entities, particularly on the concept of exculpation within the meaning of Section 8 subsection 1 paragraph b) and subsection 5 of the Act No. 418/2011 Coll., Act on Criminal Liability of Legal Entities and Proceeding Against Them. The reason for our focus rests in fact that the legal rules regulating the concept of exculpation in this act are highly controversial among legal scholars and legal practitioners where there is usually no relevant case law providing answers for resolving such controversies so far. The aim of this thesis is to introduce to the domestic law a not very familiar instrument of a compliance program consisting of preventive, detective and reactive measures designed to prevent criminal behaviour within legal entities, to eventually detect such behaviour and to respond to such behaviour. Concurrently, an effective compliance program can fulfil conditions for the application of the exculpation provisions. Even though the focus of this thesis is on criminal liability of legal entities, it does not omit the context of administrative and civil liability. The thesis is divided into four chapters. The first chapter introduces the concept of criminal liability of legal entities in a broader historic, legal and...
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The selected problems of juvenile justice
Stojanová, Klára ; Galovcová, Ingrid (referee)
Název diplomové práce v anglickém jazyce, abstrakt v anglickém jazyce a klíčová slova Title of the thesis: The selected problems of juvenile justice Abstract This diploma thesis deals with the issue of criminal punishment of juveniles in the context of law and psychology in order to focus on the problematic areas of legal regulation, evaluate those areas and present proposals de lege ferenda in this context. The thesis is divided into three consecutive chapters. The first chapter deals with the selected legal regulation of the juvenile justice, especially with the emphasis on sanctioning the youth. More specifically, this chapter focuses on the models of dealing with delinquent youth, the principles of sanctioning juveniles, the sanction system, the problem of sanctioning of children under the age of 15 and the question of the age limit of criminal responsibility and its determination. At the end of the chapter the statistical data, which relate to the above-mentioned institutes, are presented. The second chapter is devoted to the psychological aspects of the juvenile justice. Within the framework of this chapter are gradually described selected basic issues of developmental psychology. In particular, the thesis deals with the general characteristics of the relevant development periods of the individual and...
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Selected issues of proving in criminal proceedings
Polanský, Ivo ; Jelínek, Jiří (advisor) ; Galovcová, Ingrid (referee)
1 Abstract This thesis deals in particular with the analysis of the process of presentation of evidence in penal proceedings, its basic principles, as well as the constitutional limitations within which the evidence-making process should be carried out. However, some other questions, especially legal and philosophical ones that are directly related to the presentation of evidence in the penal or legal proceedings cannot be ignored. The chosen topic can undoubtedly be considered to be very topical. This is because the presentation of evidence in penal proceedings is, besides the decision-making process itself, the most important procedural activity carried out by the bodies responsible for penal proceedings and participated by other entities involved in the penal proceedings. The aim of this thesis is to give a brief and comprehensive overview of some specifically selected problems of presentation of evidence in penal proceedings. Naturally, with regard to the chosen topic and its scope, it is not possible to comprehensively process all the areas that are related to the issue of presentation of evidence. Chapter 5, 6 and 7 can be considered crucial to the thesis in question, as they provide, in particular, the analysis of existing evidence-making legislation in penal proceedings. The basic principles of...
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Punishment of community service and its performance
Považan, Miroslav ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
Punishment of community service and its performance Abstract The aim of this thesis is to describe a current legilation on punishment of community service and thanks to it's desription together with the statistical data about this punishment from years 2013 to 2017 define problems that have a negative impact on its functioning. Other methods to reach this goal are comparison with the legislation in different european countries, focusing on activity of Probation and mediation service of the Czech Republic and overview of czech case law, which was defining for a current understanding of this punishment. First part of this thesis icludes definitions of key concepts that are necessary for understanding on how this punishment works and what it is based on. Second part of this thesis includes overview of the czech legislation related to punishment of community service and its performance and also an overview on how this legislation works in actual fact. Professional literature, opinions of judges, district attorneys and probation officers as well as my own notices were used to decribe its actual works on day to day basis. Third part of this thesis is showing statistical data about this punishment that comes from Probation a mediation service of the Czech Republic. These statistical data shows the number of files...
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House arrest, its execution and control
Kolert, Pavel ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
House arrest, its execution and control Abstract The presented diploma thesis deals with the alternative punishment of house arrest. This punishment became the part of Czech penal system when the new Penal Code came into force on the first of January 2010. The aim of this diploma thesis is to summarize valid substantive and procedural legislation of this alternative punishment, to evaluate its advantages and disadvantages and to propose possible changes and improvements of weaknesses of current legislation. First three parts of this diploma thesis are focused on essential concepts, such as punishment, purpose of punishment and its functions, alternative punishments, their introducing to legal orders, negative aspects of custodial sentence and explanation of retributive and restorative conception of justice. Following parts are focused on issues related to valid legislation of house arrest punishment. These parts are major essence of the thesis. In the fourth part of this thesis there is analysed evolution of this punishment and there are described and explained requierements for this punishment. In this part there is also explained the essence and the content of house arrest and issues linked to house arrest execution. The fifth part is dealing with house arrest control and it is divided into two chapters....
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Terrorism - criminological aspects
Šumová, Barbora ; Kopečný, Zdeněk (advisor) ; Galovcová, Ingrid (referee)
Terrorism - criminological aspects Abstract The author deals with the term of terrorism and its criminological aspects. First, the definition of terrorism is defined, and then the readers are given a look into the history of this phenomenon. In accordance with the negative definition of this problem, the difference between the phenomenon of terrorism and extremism, organized crime or guerilla is described. The thesis also describes legal regulations in the Czech Republic and the United States of America as well as the potential risks for future development in the Czech area. In the key part of the work, the author deals with individual criminological aspects. The perpetrator of terrorism, both an individual and a terrorist organization, is approached on examples and through scientific studies. Then, the most frequent motives and causes of radicalization of these offenders are mentioned. The analysis of these factors is described from a psychological and sociological point of view. Part of the thesis is also devoted to the victims of this crime, both material and financial support, and the syndromes the survivors can face after the attack. At the end of the main part the different forms of terrorist attacks are described, focusing on bomb attack and hostage holding or kidnapping. And the conclusion of this...
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Criminal Warrant
Kubíčková, Michaela ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
Criminal warrant represents a decision in criminal matters which is also special manner of criminal procedure. A single judge is empowered to issue a criminal warrant without trying the matter in the main trial if the facts are reliably proved by evidences. It is regulated by the section 314e and following of the Criminal Procedure Code. It diverse from regular criminal proceeding, because it is in fact a way of simplified and written procedure. These characteristics are also the reasons why criminal warrant is criticized by professionals. Such a diversion from regular criminal proceeding is being called as a violation of right to a fair trial by many authors. Considering such institute from the point of view of basic principles of criminal proceeding, including right to fair trial, emerge in each of six chapters of this thesis, while it forms a crucial and final part of this thesis. At the beginning is a criminal warrant introduced as a decision in a criminal matters, a special manner in criminal proceeding and diversion of criminal procedure. In order to understand applicable legal regulation of criminal warrant which is described in chapter three, the second chapter is designated to historical review. In the fourth chapter of this thesis I deal with rights of appeal, including a statement of...
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House arrest, its execution and control
Pavlíčková, Martina ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
Summary: House arrest, its execution and control The aim of this thesis is to give a comprehensive summary of the institute of the house arrest, the actual legal regulation of this punishment, to summarize its advantages and disadvantages and to draw attention to the problematic issues with it related. The thesis is divided into eleven chapters, which are divided into other subchapters. The first chapter deals with the general concept of punishment, it's purpose, functions and the general system of penalties. A separate sub-chapter constitutes a imprisoment as a basic "universal" punishment. Because the house arrest is one of the alternative punishments, the second chapter deals with the general regulation of alternative punishment. Alternative punishments closely related with the restorative justice, which is described in third chapter, in particular its aims and the principles on which it is exposed. The following chapters are the core of the thesis to the actual punishment of house arrest. The fourth chapter describe the history of the house arrest and the fifth chapter describe a general information of this sentence. The sub-chapters describe the crimes for which custodial sentences may be imposed and other conditions of house arrest, in particular the obligations of convicted. The transformation of the...
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Crime prevention
Havlíčková, Jana ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
Crime prevention Prevention specifics of cybercrime on social networks Abstract (EN): Criminality is the most serious social problem, and therefore it is necessary to prevent the crime and not merely punish it. Crime prevention aims at creating a better standard of human life in all its aspects with eliminating undesirable phenomena in society. Criminality adapts to the evolution of the society. The most dynamically developing form of crime is cybercrime. The subject of this thesis is to compile an up-to-date picture of crime prevention predominantly focusing on cybercrime. The thesis is conceptually divided into two parts, the first deals with crime and its prevention in general, while the other focuses on the specifics of cybercrime. The first part of the thesis briefly defines the relevant terms such as criminality, criminalization and decriminalization, criminogenic factors, relapse, criminology, penology, victimology, crime control, repression and prevention. It also systematizes crime prevention and focuses on the classification via the content or the target (social, situational and victimological), and via the addressees as well (primary, secondary and tertiary). It further notes the current focus of crime prevention, referring in particular to the Doha Declaration and other outcomes of the 13th...
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Criminal Aspects of Corruption
Galovcová, Ingrid ; Tlapák Navrátilová, Jana (advisor) ; Ivor, Jaroslav (referee) ; Vokoun, Rudolf (referee)
This doctoral thesis deals with the selected criminal aspects of corruption pointing out the possibilities to sanction its most severe forms by means of the Czech criminal law. From the substantive point of view, the core of the thesis is the analysis of the bribery crimes and the thorough analysis of their selected elements, which can bring about interpretative and related application problems. It also refers to the issue of corruption in the private sector and the manner in which the Czech national legislation of corruption crimes copes with a requirement for its sanctioning, which follows from international commitments. In terms of procedural aspects, the thesis focuses on certain particulars of detection, investigation and evidence procedure relating to corruption criminality. Corruption criminality is regarded as latent criminality and in its most serious forms it is also connected to organized crime, which consequently requires application of specific means and methods in criminal procedure. However, in the course of their realization they are predominantly connected with an interference with individual's fundamental rights, so, as a reaction to that, a consistent legislation of conditions for their realization ought to be adopted. The thesis points out the shortcomings or problematic...
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