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The Moral Crime and its Prevention
Cengrová, Michaela ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
1 Abstract The Moral Crime and its Prevention The submitted thesis deals with the topic of moral criminality and the options of its prevention. The main goal of this thesis is to give a deeper overview of this topic, the current legislative with an emphasis on sexual offences, its victims and the processes of victimization. The thesis is divided into five chapters, of which the first four are dealing with related topics on theoretical level, the last chapter deals with particular moral offences. In the first chapters the attention is paid to the concept of human sexuality, human sexual instinct and the variability of tolerated manifestations of sexuality in society and the reflection of human sexuality in the concept of morality. Subsequently, moral crime is defined, individual moral offences are listed, and the division of these offences according to various criteria is provided. Considerable space is provided to the topic of offenders and especially the victims of moral crime, both in criminal and criminological optics. In the case of offenders the division in to deviant and non-deviant offenders is given. In the case of victims of moral crime a legal definition is provided as well as the victimological concept. The attention of the thesis is focused especially on the issue of victimization and secondary...
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A comparison between Manslaughter in the English and Czech law
Blažek, Tomáš ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
1 A comparison between Manslaughter in the English and Czech law Abstract The thesis compares the Czech and English legal regulations of the crime of manslaughter. As such, it is divided into an introduction, six parts and a conclusion. It aims to provide not only a comprehensive analysis of the crime of manslaughter in both legal orders, including a subsequent comparison, but also the possible adoption of certain institutes from one legal order to the other. In the first part, it deals with the issue of the differences between the two legal systems, i.e., continental and Anglo-Saxon, as well as with the general interpretation of the crime of murder and manslaughter. In doing so, it introduces the structure of the formal sources, the interrelationship between murder and manslaughter, and the terminology of manslaughter in England. In the second part, it provides an analysis of the facts of the crime of manslaughter, with the actus reus and the mens rea being analysed more extensively than through the fragmentary optics of the crime of manslaughter. Particular emphasis is then placed on causation. The third part is devoted to the circumstances precluding illegality, which for the sake of consistency of the whole thesis, included the institutes of insanity, diminished sanity, automatism and intoxication....
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The effect of selected types of penalties on the resocialization of convicts
Moudrý, Petr ; Bohuslav, Lukáš (referee)
The problem of resocialization of convicts and the effect of particular penalties on this process is a subject rather relatively neglected, but at the same time socially and legally fundamental. The success of the resocialization of offenders affects not only the entire criminal policy but also society as a whole. However, the view on this social dilemma is evolving over time. We do not longer examine the punishment as mere retribution, rather we expect it to protect society and have a positive effect on the convict. We also realize that most of the sentencing does not mean permanent exclusion from society. Therefore, the consequences of any sentence also affect us, the society. This phenomenon led me to analyze the three most severe sentences: imprisonment, house arrest, and community service. Gradually, I tried to investigate the outcome of the effects of these sentences on the offender's personality. During the analysis, I decided not to only benefit from the secondary data consisting of acknowledged publications, articles, studies, and concepts, but I also acquired findings from several interviews with experts within the sphere and convicts themselves. This allowed deep penetration into the topic not only from a theoretical point of view but also from a practical one. In the thesis, I critically...
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Comparison of Czech criminal law and Shari'a criminal law - a case study of Saudi Arabia
Saidová, Kristýna Samira ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Comparison of Czech criminal law and Shari'a criminal law - a case study of Saudi Arabia Abstract The thesis provides a comprehensive comparison of the foundations and basic attributes of Czech and Shari'a criminal law. Its aim is to describe aspects of Islamic and continental legal culture in comparison. Due to the fact that Shari'a law is currently differentiated according to the individual Muslim country, apart from the classical Shari'a, the subject of this thesis is also the Saudi Arabian concept of criminal law. This is because Saudi Arabia is a Muslim country that largely retains the traditional Shari'a to this day. The introductory part of the thesis reflects the effort to break the tendency for skepticism regarding comparability of both cultures. Before the comparison of criminal law legislations itself, readers are presented with a historical excursion into the development of relations between the West and the Islamic world, which have remained far from immune to their mutual influences throughout history. In this part, the thesis deals mainly with the influence of the West on the political and legal order of Islamic countries, which can be considered significant and important in terms of shaping the legal framework of Muslim countries. In fact, we observe interactions between the two cultures not...
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Seizing digital tracks for the purpose of a criminal proceeding
Mohelský, Michal ; Bohuslav, Lukáš (referee)
ABSTRACT, KEY WORDS Seizing digital tracks for the purpose of a criminal proceeding This thesis analyzes procedural institutes of law that serve to seize digital traces on the Internet to investigate cybercrime. This document also deals with a selected procedural institute of the Convention on Cybercrime, which serves to secure digital traces. Furthermore, an assessment is made as to whether the Czech legislation meets these requirements. Data retention analysis provided information on what traffic and location data are and describes the extent of their retention. The issue of identification of offenders based on seized IP addresses was explained and anonymization methods were explained. The main goal of the thesis is an extensive elaboration of some relevant procedural institutes of the Code of criminal procedure no. 141/1961 Sb., through which digital traces are seized. This data may lead to the identification of the offender, and also for conviction of guilt during criminal proceedings. The thesis elaborates institutes: a record of telecommunication traffic, monitoring digital communication, data freeze, and physical provision of devices. This work compares individual institutes with the requirements of the Convention on CyberCrime. The author of this thesis describes in detail the conditions defined by...
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The institution of an organised criminal group in conjunction with the Penal Code and case law
Kohút, Pavel ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The institution of an organised criminal group in conjunction with the Penal Code and case law The submitted diploma thesis concerns the institution of an organised criminal group in terms of effective legal regulation, and suggests legal solutions for the future. To meet the objectives of this thesis, it was necessary to study available legal regulations, case law, specialised literature and documents of international law. At the beginning of this thesis, it was necessary to distinguish the term of an organised criminal group from other two similar terms included in this thesis, namely the term of organised crime and the term of an organised group. This distinction was essential because all of these terms were further used in the thesis. The second chapter is dedicated to historical context of legislation regarding the organised criminal group. It was especially documents of two international organisations, the UN and the EU, which had considerable influence on the legislation in the Czech Republic. One subchapter also deals with the development in the Czech Republic itself. In the third chapter, there is a research of the institution of an organised criminal group in terms of effective legal regulation. The research was aimed at following terms: a) organised criminal group according to section 129...
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Criminal Liability of Legal Entities and Compliance Program
Bureš, Richard ; Bohuslav, Lukáš (advisor) ; Tejnská, Katarína (referee)
The author of this thesis discusses the subject of criminal liability of legal persons and focuses primarily on the analysis of the most important substantive provisions of the Act. No. 418/2011 coll., which describe criminal liability of legal entities and proceedings against them (hereinafter ZTOPO) and entered into force on 1st January 2012. This act is still well- discussed and current even after 6 years of being in force, which can be seen by the number of amendments done to it since it became effective. This thesis aims to offer a comprehensive overview of the issue of criminal liability of legal persons and at the same time tries to capture the most important changes that have been made due to these 9 amendments. The thesis is divided into five parts. In the first part, the author deals with the historical background of criminal liability of legal persons. This part also contains path to the adoption of ZTOPO. The second and the third parts are the core of this paper. In the second part, the author analyses the imputability and the structure of criminal liability of legal entities in the Czech Republic. One part of this section is dedicated to the scope of criminalization of legal entities. The third part of the thesis deals with the possibility of legal entity to be exculpated through the...
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Carrying out a search of the premises where a lawyer practises the law
Hřebíček, Vladislav ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Vladislav Hřebíček: Carrying out a search of the premises where a lawyer performs the advokacy Abstract In his thesis, the author deals in detail with the issue of the execution of searches, carried out in the spaces where a lawyer performs advocacy (Art. 85b of the Code of Criminal Procedure). After describing the way of seizing evidence within the Czech criminal proceeding in the first chapter, and consequentially also the contents of the Art. 85B of the Code of Criminal Procedure, including its historical context, he deals with a detailed explanation of the crucial terms (lawyer, performing advocacy, obligation of confidentiality etc.) in the second and third chapters, paying special attention to the question of defining the space where a lawyer performs advocacy (administrative versus functional definition) and the issue of the so called "clouds". In the fourth chapter he deals with the circumstances, under which the lawyer is not bound by the obligation of confidentiality, which is a crucial question maley from the point of view of the judge deciding on replacing the approval of the representative of the Czech Bar Association with the police authority getting acquainted with the contents of the documents seized during the search. In the following, fifth, chapter, the author deals in detail with the...
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Criminal defences in Czech and Irish criminal law
Kubíčková, Tereza ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Criminal defences in Czech and Irish criminal law This thesis deals with the analysis of individual elements of criminal defences under the Czech and Irish criminal legal statutes with respect to the conclusions, which are therefrom drawn in theory and practice. The aim of this thesis is to render an overview concerning the distinctions and similarities in understanding, importance and operating of the defences in different law systems, rather than to present an exhaustive commentary on all legal institutes which exclude illegality and as such come into mind. Regarding the fact that Czech and Irish systems of law are subsumed under different legal systems, particular institutes of criminal defences cannot be based on the same rules, principles and theoretical grounds. It shall be noted, that while Czech criminal law is mainly to be found in a single piece of legislation known as the Criminal Law Act, Irish criminal law on the other hand not only has a separate statutory legislation, but also mainly depends on common law. The subject has been processed under consideration of the present-day legal regulation, whereas particular legal institutes are structured in compliance with the structure of the Czech Criminal Law Act. The topics of origin and development of defences has intentionally not been...
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The crime of rape under s. 185 of the Criminal Code
Dohnálková, Zuzana ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The diploma thesis The crime of rape under s. 185 of the Criminal Code consists of two major parts, which are divided into further subsections - first part consists of four main chapters and second part consists of six main chapters. The first part of the thesis, dealing with the criminal-law point of view, starts with a brief discussion of the sources of criminal law. The chapter then presents a comprehensive description of the development of the offence of rape in the Czech territory since antiquity up to the 20th century. The changes of elements of a crime and the very perception of punishability of rape may serve as a demonstration of advancement of personal freedom. Subsequently, more attention is devoted to the analysis of the current version of rape in the Criminal Code, Act No. 40/2009 Sb., which is currently included in Title III of the special part of the Criminal Code called Criminal Offences against Human Dignity in Sexual Sphere. The criminal law part concludes with a brief summary of the basic features which discriminate rape from sexual coercion and sexual abuse. The second part of the thesis focuses on criminology. First moral criminality, which subsumes rape, is defined in general terms. The definition is followed by statistical summaries, presented in graphs and tables, and by a...
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