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The concept and legal consequences of the transgression of the limits of self-defense and necessity
Baran, Zbyněk ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The concept and legal consequences of the transgression of the limits of self-defense and necessity The thesis is based on the criminal institutes of necessity and self-defense. The aim of the thesis is to analyse the concept of necessity and self-defence, set limits to those institutes, define cases of transgression of these limits and describe legal consequences of excess. The thesis is drawn as the analysis of current legislation regulating necessity and self- defense. Given that everyone can make use of these institutes, the thesis concentrates on the fact that the legislation in this matter should be comprehensible and expedient for the acting person and contains a thorough analysis of case-law. The comparative method is used to the lesser extent, Czech legislation is compared with legislation of some other European countries. A part of the thesis concentrates on the frequent de lege ferenda suggestions. In author's opinion, the enactment of these suggestions would help to promote legal certainty and extend the possibility to act in necessity and self-defense. The thesis is divided into an introduction, three main parts, which are further divided into chapters and subchapters, and a conclusion. Part one defines the concept of illegality as a requirement of commiting a crime, then the...
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Forms of crime committed by organized crime
Hamouz, Tomáš ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
107 Forms of crime committed by organized crime - Abstract The aim of this work was to map the range of criminal offenses and other criminal acts perpetrated by perpetrators of organized crime. Members and supporters of criminal organizations commit a large number of different offenses, primarily with the intention of obtaining illegal profits. However, some actions aim at legalizing previous revenues, establishing contacts in police, justice, and public administration, or to prevent these groups from being exposed. A specific crime may have multiple meanings in the overall strategy of the organized crime subject. Such an act is committed to both profits and cover- up (eg murder, extortion). This work is divided into three parts. The first part, consisting of Chapter 1, deals with the theoretical and legal definition of organized crime and other related concepts, such as organized groups and organized criminal groups. For these characteristics, both professional treatises and legal regulations are used, including international conventions, EU legislation and the laws of the Czech Republic. This section also provides a demonstrative list of the main criminal activities of organized crime. The second part, consisting of chapters 2 and 3, focuses on the historical development of organized crime and the...
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The Crime of Theft under s. 205 of the Criminal Code
Vrzalová, Jana ; Bohuslav, Lukáš (advisor) ; Gřivna, Tomáš (referee)
This thesis deals with an offence of Theft under s. 205 of the Act No. 140/2008 Coll. Criminal Code. The purpose of this thesis is to analyse the offence of Theft as the most often offence in the Czech Republic common the current legislation de lege lata. It also outlines the proposal for possible amendments de lege ferenda and draws attention to problematic provisions of effective legislation. This study is divided into five main chapters; each of them consists of separate subchapters. The introductory part defines the basic legal institutes related to the Theft and the institutes of other law-related fields dealing with property protection. Chapter two is the main part of this thesis which includes the analysis of the current legislation firstly in general terms and then specifically only in relation to the crime of Theft. There are obligatory and facultative the characteristics of the merits of a criminal offence, ie the object, actus rea, the subject and the mens rea. Further the chapter deals with the second paragraph of the crime of Theft which establishes the second merits of a Theft, namely the punishment of the recidivism. The conclusion of this section deals with particularly aggravating circumstances. The following chapter illustrates similar criminal offences that have several common...
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Sexual coercion (section 186 of the Criminal Code) and other crimes against human dignity in the sexual field
Paťha, Tomáš ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The topic of my diploma thesis is Sexual coercion (section 186 of the Criminal Code) and other crimes against human dignity in the sexual field deals with, besides the fundamental topic of sexual coercion and other crimes, which are mentioned in the third chapter of the special part of Act. No. 40/2009 Coll., Criminal Code. Although these typical sexual offences constitute only a tiny fraction of total criminality, we can label them as the most serious offenses of all, since the consequences they leave for victims are often irreparable. Although the offense of sexual coercion has been introduced into the legal systém for a short time, it has been found in a few cases for a short time and has confirmed that it is very appropriate tool for supplementing rape (§ 185 CC) and sexual abuse (§ 187 CC). The main aim of this thesis is to clarify the facts of the offense sexual coercion, to discuss its object, the physical elements (actus reus), the perpetrator (subject) and the mental elements (mens rea). For this reason, the introductory part is devoted to the historical context and the overall development of sexual offenses in our territory. After this introductory chapter on history, another chapter is dedicated to the current treatment of sexual offenses. The purpose of this chapter is in particular to...
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Internet and computer criminality
Hefka, Rostislav ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Internet and computer criminality Summary This thesis, as its name indicates, deals with the problems of our times associated with computers and the Internet, which make it possible to commit all sorts of crimes. Computers are part of our daily life and the sphere of information and communication technologies are constantly and rapidly developing, which gives space to potential perpetrators to find new approaches. The thesis is composed of eight chapters. The opening chapter of this thesis describes the basic concepts related to computer and Internet criminality. It includes the definitions of computer criminality, cybercrime, cyberspace, as well as basic technical concepts such as computer, hardware or software. Approximation of this terminology is essential to understanding the issue. Next chapter is devoted to some illegal activities in cyberspace, which are then legally assessed. The third chapter forms the most important part of the whole thesis because it describes in details the issue of copyright violations in connection with computers. At first it generally talks about intangible goods, and after that it acquaints to readers with piracy of audio and audiovisual works and later with software piracy. It shows the most important judgments that are connected to the discussed topic and were judged at...
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The selected issues of juvenile criminal justice
Adam, Josef ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
IN ENGLISH The thesis deals with the selected issues of the juvenile criminal justice. The aim of the thesis is to analyze certain issues of the juvenile criminal law, especially the issue of their criminal liability, punishment for their illegal conducts with concentration on upbringing measures, further protection of juvenile privacy and introduction to restorative justice. The respective analyses were realized with respect to historical development of the legal regulation of juvenile justice in the Czech Republic, primarily in form of comparison with the regulation from 1931, which was an inspiration for the current legal act on juvenile justice. Within my thesis I emphasize on aspects of restorative justice and bigger share of upbringing measures.
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Wiretapping and recording of telecommunication traffic
Frolková, Klára ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
This thesis is devised as an analysis of the legal framework of the institutes of wiretapping and recording of telecommunication traffic, as well as the survey of the telecommunication traffic, which is included in the § 88 and § 88a of the act no. 141/1961 Coll., Criminal Procedure, as amended. The aim of this thesis was to analyze in detail the current and valid legal framework with respect to the protection of human rights and to point out the fact that the use of these institutes often finds itself on the threshold of considering the interference with the personal sphere of an individual to be justified/justifiable as well as the slight overstepping of such threshold by the public authorities, which I assume. The thesis is divided into four connecting chapters, not including the introduction and the conclusion. In the first chapter, which is divided into two sub-chapters, I address primarily the legal evolution of the examined institutes, as to when was the first time these institutes were incorporated into the valid legal framework and brought to life, their subsequent development and the most important amendments throughout the years. The second sub-chapter outlines the technical development from the not so distant past to the present, where I think about the evolution of technical...
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Issues of punishment for traffic offences
Hejda, Petr ; Říha, Jiří (advisor) ; Bohuslav, Lukáš (referee)
Road transport intervene in life perhaps each of us. Road transport play to journey to work, spending, medical care, no matter what already like drivers or co - driver or embarkment agents collective transport persons. At present is already quite common that the family personal two car, sometimes and more. S crescendo number vehicles in our households thereby fall and in - service on way, shoot up number enmity on roads, that often end in accident. Accident are also most frequent case offences or punishable act in road transport. Most accidents hasn't calamitous consequences, every day we're news media, especially television and internet, confronted with tragic aftermath serious accidents, that happen in all limits Czech republic. Unfortunately like general prevention these jerked - in - fillings and news malfunction so always speed ill general drift on the up grade of the number of accident stop. In his work first delimitate conception transport and road transport, try to explicandum punishable act in transport and will describe individual punishable act, that come into question like punishable act in transport. Most extensive volume of work will devoted punishments attempt life behind punishable act in road transport, when first carry out common expose punishments and purpose punishment and after it take...
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Legal framework of computer crime investigation
Rademacherová, Kristina ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Master's thesis is focused on computer crime, with an emphasis on the process of investigation. New systematics in Czech computer crime terminology is offered. Within the thesis, cybercrime is perceived as a part of computer crime. Special attention is put on various aspects of criminalistics, as the topic of investigation itself is understood from the point of view of such science. Nevertheless, criminological findings are discussed likewise. Particular emphasis is put on a link between Czech legal regulation and expert literature from the fields of law, criminalistics, criminology and technology. Master's thesis is based on Czech literature, as well as English and French writings, in addition to national and international case law. The text itself is divided into three chapters. First chapter is introducing the issue of computer and cybercrime with selected criminological characteristics, including specifics of offending within the Internet. Second chapter discusses evidence of computer crime, the electronic or digital evidence, from the point of view of criminalistics. Particular problems of digital evidence usage within Czech criminal procedure are revealed. The core of master's thesis is the third chapter. Methodology of computer crime investigation is discussed, as well as selected individual...
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The Issue of the Concept of Criminal Custody
Šimek, Václav ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
- The Issue of the Concept of Criminal Custody This diploma thesis deals with the instrument of criminal custody as a security instrument. This instrument is considered as quite controversial in view of the fact that it's usage means the conflict between the interest of the investigating authority to accomplish the purpose of prosecution and person's right to personal freedom guaranteed by the Charter of fundamental rights and freedoms while the accused has to be treated as innocent according to the principle of presumption of innocence. The goal of this diploma thesis is to provide a comprehensive overview of the current legislation of the instrument of custody and also of the problems connected with custody. The thesis is divided into seven chapters including the introduction and the ending chapter. The second chapter deals with the development of the custody legislation in history and major part of the chapter is focused on the Act's of criminal procedure from years 1873, 1950 and 1961. The third and the fourth chapter pay attention to the current legislation which is included in the Act of criminal procedure no. 141/1961 Coll. The third chapter extensively describes the meaning of the term of custody, custody reasons and the alternative instruments which the custody may be substituted with. The...
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