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Sexual predators on the Internet - criminal law, criminological and criminalistic aspects
Steinerová, Mlada ; Beranová, Andrea (referee)
Sexual Predators on the Internet - Criminal Law, Criminological and Criminalistic Aspects Abstract The thesis focuses on the topical issue of the sexual abuse of children on the internet. The theoretical part analyses this phenomenon from the view of the three fields - criminal law, criminology and criminalistics. The author of the thesis firstly presents the actual phenomenon of the sexual abuse of children on the internet and the extent of this issue in the society, and then she considers which forms it takes. The online sexual abuse can have form of the sexual harassment when the predator suggests unsolicited sexual activities to the child, it can also take a form of a communication about the intimate or even sexual topics. The very dangerous form is cybergrooming in which the predator is continually building confidential relationship with the child so he can later sexually abuse him in a real life. The fourth form is sexual exploit involving child pornography and prostitution. In this thesis attention is also given to the offenders who commit these crimes. They form a varied group involving perpetrators with or without sexual deviation, people with intelligent above average and mentally disabled, people with academic degree or with vocational education. Secondly the author analyses what's the impact on...
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The Role of Public Prosecutor in Criminal Proceedings
Čermák, David ; Mulák, Jiří (advisor) ; Beranová, Andrea (referee)
The Role of Public Prosecutor in Criminal Proceedings Abstract This diploma thesis on the topic of The Role of the Public Prosecutor in Criminal Proceedings identifies and presents the key parts of the regulation related to the position, role and tasks of the public prosecutor in criminal proceedings. Public prosecutors play an important and irreplaceable role in the system of criminal justice. It manifests itself to the full in particular in criminal preliminary proceedings, in which the public prosecutor exercises his supervisory powers over the procedure of the police authority and has a number of exclusive powers that enable him to effectively control and manage the course of this phase of the criminal proceedings. Furthermore, it is exclusively the public prosecutor who in the Czech Republic is authorized to initiate criminal proceedings before a court and to represent a public prosecution in it. The aim of the thesis is not only to bring closer the key parts of the regulation regarding the role of the public prosecutor in criminal proceedings, but also to critically analyze and place them in a wider context. It approaches individual topics and questions primarily conceptually and tries to use the inductive method to abstract from the specific regulation a conclusion about what role the representatives...
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Cooperating defendant and other institutes in the fight against organised crime
Šimková, Karolína ; Mulák, Jiří (advisor) ; Beranová, Andrea (referee)
Cooperating defendant and other institutes in the fight against organised crime Organised crime currently poses a major security risk that not only threatens the interests of individuals, but also the interests of society. For this reason, society's law enforcement authorities are pushed to investigate it quickly and effectively, and various means and instruments are enshrined in criminal law to do so. This thesis deals with the institutes in the fight against organized crime and aims to provide an insight into the means used, their legal definition and practical application, including pointing out possible shortcomings of the current legislation. The thesis first examines the definition of organised crime as such, including its existing definitions and characteristics. The issue of terrorism, which has several common and divergent features with organised crime, deserves separate attention. The second and third part of the thesis is devoted to the most important means of combating organized crime, which is the institution of the cooperating defendant. To understand all the background, the thesis first discusses the historical development of the institute and its comparison with the Crown Witness. Next, the thesis already addresses the various conditions regulated by the Criminal Procedure Code for...
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Interrogation as evidence in criminal proceedings
Václavková, Michaela ; Musil, Jan (advisor) ; Beranová, Andrea (referee)
This thesis deals with interrogation as the most commonly and widely used means of evidence. The thesis focuses on the so-called questionable methods of verification of testimony, which is a controversial issue on which there are different opinions. The aim of this thesis is to describe and analyse selected methods which can lead to the verification of testimony, but the opinion on their use is still not clear. The thesis focuses on the issue of the use of these methods and the evaluation of the possibility of their use in criminal proceedings. The thesis is divided into two main parts. The first is the theoretical part, which is further divided into two large chapters. The first chapter is devoted to interrogation in general, defines this term and describes its preparation, course and documentation. It also outlines the different types of interviews, including the specific requirements for interviewing children. Finally, this chapter also covers the credibility of testimony. The second chapter focuses on questionable and inadmissible methods of verifying the truthfulness of testimony and describes and discusses suggestive and captious questions, physiodetectional examination, investigative hypnosis, and truth serum. The second part of the thesis is the practical part, which includes two...
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The crime of fraud pursuant to Section 209 of the Criminal Code
Tomanová, Silvie ; Heranová, Simona (advisor) ; Beranová, Andrea (referee)
101 Criminal offence of fraud under Section 209 of the Criminal Code, abstract, key words Abstract The subject of the thesis is the criminal offense of fraud under Section § 209 of the Criminal Code. The thesis focuses on the analysis of the relevant legal regulation, the systematic classification of the criminal offense of fraud, analysis of the constituent elements of the criminal offense, the comparison of the criminal offense of fraud with other criminal offenses against property, and the presentation of proposals de lege ferenda responding to the current regulation of the criminal offense of fraud. The thesis also examines the criminal offense of fraud from a criminological and forensic perspective and further from the perspective of cybercrime. The thesis is divided into 6 sections and which are further subdivided into individual chapters, sub-chapters, sections, and subsections. In the first section of the thesis, the criminal offense of fraud is systematically incorporated into the Criminal Code among other criminal offenses against property. This section also discusses the relations of property criminality. In the second section of the thesis, the fundamental issues of the criminal offense of fraud are examined, with a particular focus on the analysis of the basic elements of the criminal offense...
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The principle of legality and opportunity in criminal proceedings
Vrbová, Johana ; Mulák, Jiří (advisor) ; Beranová, Andrea (referee)
THE PRINCIPLE OF LEGALITY AND OPPORTUNITY IN CRIMINAL PROCEEDINGS Abstract This diploma thesis deals with the issue of the principle of legality and opportunity in criminal proceedings. The aim of this thesis was to establish the development of exceptions to the principle of legality. The introductory part focuses on the conceptual definition of both principles, how the view of expert criminal law authors on both principles has changed until current definition. The section on the definition of both principles is followed by their embedding and form in the criminal codes of the years 1873, 1950, 1956, 1961, up to the current version of the Criminal Procedure Code. On what principles were these criminal codes based and what purpose the principle of legality fulfilled, or whether there were exceptions to this principle in the individual criminal codes. The principle of legality imposes the duty on the prosecutor to prosecute all crimes which he becomes aware of, so the thesis then focuses on this duty and how the principle of legality is related to other general principles. The main focus of this thesis is to analyse the individual exceptions to the principle of legality that are enshrined in the current version of the Criminal Procedure Code and those that are based on directly applicable legal regulation of...
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Significance of Victimology for the Prevention of Crime
Stejskal, Radek ; Beranová, Andrea (advisor) ; Hořák, Jaromír (referee)
The diploma thesis title: Significance of Victimology for the Prevention of Crime The goal of this thesis is to, firstly, give a comprehensive theoretical introduction to victimology and crime prevention. Based on the acquired information then analyse, what is the significance of victimology for the prevention of crime and apply the findings to a specific, endangered group of people with the goal of developing a course of action to prevent their victimization. The next goal is to critically evaluate the state of crime prevention in the Czech Republic and to present possible solutions to found shortcomings. The thesis consists of an introduction, conclusion and 4 chapters. The opening chapter focuses on the theoretical introduction of victimology as a scientific discipline, its main concepts and the historical circumstances of its founding. The author will then introduce the main sources of information for victimology and evaluate the benefits they bring to this discipline. The second chapter describes crime prevention as a whole. The author will discuss the relationship between criminal law and crime prevention and introduce the main types of crime prevention, including their evaluation. The third chapter describes victimological prevention in great detail. After the theoretical introduction of...
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Adversarial principle in Czech criminal procedure
Staněk, Jakub ; Mulák, Jiří (advisor) ; Beranová, Andrea (referee)
Adversarial principle in Czech criminal procedure Abstract Although the principle of adversarial proceedings is not explicitly enshrined in Section 2 of the Criminal Procedure Code, it is one of the fundamental principles of criminal proceedings, as it provides the accused with the opportunity to actively participate in the ongoing criminal proceedings and, through the presentation of his version of the "truth", to influence the court's decision on his guilt and possible punishment. Based on this premise, the case law of the European Court of Human Rights considers it to be an integral part of the right to a fair trial and, in defining it, emphasises both the right to be informed of all the opinions and evidence discussed in the proceedings and the right to comment on them. However, alongside this subjective conception of adversarial principle, there is a more objective approach, which focuses on adversarial principle as a dispute of opinions of the parties to the criminal proceedings, constituting the very essence of the judicial process and providing the court with an effective means of finding the "truth". The subject of this thesis is therefore an analysis of the various conceptions and functions of the adversarial principle and a critical assessment of the scope and limits of its application at the...
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The importance of basic principles of criminal procedure
Frňková, Tereza ; Mulák, Jiří (advisor) ; Beranová, Andrea (referee)
The importance of basic principles of criminal procedure Abstract This diploma thesis is devoted to the basic principles of criminal procedure and their importance in connection with the planned recodification of the criminal code. The aim is to explain the importance of basic principles for criminal proceedings and at the same time to point out the advantages and disadvantages of their valid legal regulation. Next, the proposed recodification wording of the principles is presented and compared with the current one, while an assessment is made as to whether the meaning of the basic principles changes in any way in the proposed wording. For this, it is necessary to use mainly the methods of description, analysis, comparison and synthesis. The work is divided into three chapters and sub-chapters. Chapter one outlines what the purpose of criminal proceedings is and how it relates to the basic principles. The second chapter is devoted to basic principles in general. It discusses the concept itself and further the purpose, meaning and function of principles. The sub-chapters of the third chapter report on the individual basic principles and their specific meaning in the current and proposed wording. The conclusion of the thesis is that the principles as a whole create the framework of criminal proceedings. They...
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The issue of synthetic drugs in Czech criminal law
Baloun, Ondřej ; Beranová, Andrea (advisor) ; Bohuslav, Lukáš (referee)
anglickém jazyce The inner functioning of human nervous system allows for changes in states of mind after a consumption of specific substances. It is well known that these changes have an impact on the health of a consumer, be it acute or chronic. The undesirable effects are multiplied, if the consumption grows in scale to a society-wide issue and is not properly addressed. Any health damage is followed by social effects that endanger the cohesion of a society. States reacted to this development by a wave of drug regulation, be it their consumption or distribution, through international and domestic legal instruments. This approach is at present time unable to tackle the problem of so called "synthetic drugs". Synthetic drugs are unregulated chemical analogs of illegal drugs. They offer to users' effects very similar to conventional drugs, only without legal barriers and at a fraction of a price. The dangers of synthetic drugs are twofold. Not only are they more accessible to users, but they are also exponentially more dangerous and unpredictable. Dozens of new substances appear in the European market without their effects on human body being studied previously. Czech Republic has tools with which it regulates new synthetic drugs. This process is however often at odds with constitutionally guaranteed...
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