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Crimes against pregnancy of a woman
Konečná, Eliška ; Hořák, Jaromír (advisor) ; Beranová, Andrea (referee)
79 Crimes against a woman's pregnancy Abstract The topic of this doctoral thesis is crimes against a woman's pregnancy. The first chapter of this thesis contains a historical excursion of the legislation in question in the territory of today's Czech Republic with an emphasis on the development of the issue in the 20th century, due to the analysis of the influence of previous legislation on the current legislative concept. In the second chapter, the thesis deals with the definition of pregnancy and the timeline from the point of view of criminal law, as, among other things, the question of the duration of pregnancy plays a fundamental role for the correct legal qualification of illegal abortion. The chapter also deals with the issue of the limit of fetal viability in legal regulation. The third chapter maps the current legislation on legal abortion. Some of the constituent elements of the crimes in question directly refer to the law on artificial abortion, and a detailed analysis of the legal abortion is thus necessary for a comprehensive assessment of criminal law. In addition to the procedure envisaged by the law when performing abortion, the chapter also contains an analysis of the legality of abortion performed in the Czech Republic for citizens of other EU member states. In the following chapter, the...
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The issues of juvenile criminal justice
Jedlička, Martin ; Hořák, Jaromír (advisor) ; Beranová, Andrea (referee)
The submitted thesis deals with problems of juvenile justice. The emphasis is put on the Czech legislation, represented primarily by the special Act No. 218/2003 Coll., on the liability of youth and juvenile justice and on the amendment of some laws (Act on Juvenile Justice), which contains a substantive law part and a procedural law part. I chose this division for the thesis as well. The aim of the thesis is to identify, to review and to carry out an analysis of the Czech legislation and to point out its contention parts. The thesis is divided into three parts. The first part deals mainly with the historical development of juvenile justice in our territory in the last 100 years and general aspects of the Act on Juvenile Justice. A separate chapter of the first part is about the concept of restorative justice, its use in the Czech legislation, but also in documents, directives and resolutions at the European level and United Nation level. The second part is focused on selected aspects of substantive law regulation, such as minimum age of criminal responsibility, mental and moral maturity, moral development of children, measures imposed on youth and relationships between these measures. In the last part I deal with selected aspects of procedural law, including the role of the Probation and Mediation...
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Methodology of investigating drug crimes with a focus on production of methamphetamine
Vávra, Vojtěch ; Beranová, Andrea (referee)
Methodology of investigating drug crimes with a focus on production of methamphetamine Abstract This thesis deals with methodology of investigating drug crimes with a focus on production of methamphetamine. Considering the complexity of the mentioned topic, it takes into account substantive and procedural criminal law, criminalistics, criminology and addictology. In the first chapter, in addition to describing the forms, effects and methods of methamphetamine production, with an emphasis on the Czech way of methamphetamine production, the historical genesis of the problem is also presented. The second chapter defines the terms small-scale production, medium-level production and large-scale production in order to increase legal certainty. The thesis draws inspiration from the current methodology of the National Drug Headquarters and the United Nations. This part of thesis also includes a statistical section dealing with the structure of drug crime in terms of prosecutions and seized clandestine laboratories. The third chapter describes a typical drug offender. The offenders are divided according to their level of professionalism into three groups: amateur, semi-professional and professional. This paper also discusses individual roles in an organized group, which it classifies as mandatory and optional in...
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Criminological aspects of euthanasia
Křížová, Tereza ; Sovová, Olga (advisor) ; Beranová, Andrea (referee)
Criminological aspects of euthanasia Abstract The subject of this thesis is the analysis of euthanasia in a criminological context. The thesis aims to present euthanasia in all its forms and to prove that despite the very different qualifications of these individual forms in the Czech criminal law, from the ethical and especially from the criminological point of view, these acts should not attract its attention if the defining features of euthanasia, such as the voluntary nature of this choice and full mental capacity for this decision, are observed. The thesis is divided into five chapters, with the first chapter defining the terms with which the thesis is concerned. The second chapter deals with euthanasia in the context of the Czech legal system. The third chapter introduces the theory of criminalization, which is then applied to euthanasia. The fourth chapter is devoted to the applicant for euthanasia and focuses on the reasons for the request to end one's own life; this consideration is made objective based on the quality-of-life theory. The final fifth chapter focuses on the euthanasia performer and the motivation for complying with the request despite the possible criminalization of such an act, even though it is often based on an imprecise distinction between acts and omissions or culpability. Key...
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The issue of a crime victim in criminology
Kováříková, Olga ; Pelc, Vladimír (advisor) ; Beranová, Andrea (referee)
This thesis aims to convey knowledge from various fields (victimology, law, psychology, criminology) to the general public and create a basic overview of situations and ensuing responses commonly experienced by crime victims. The emphasis is distinctly directed towards the psychological dimensions of victimization, offering insights into the emotional experiences of victims and their subsequent behavioral manifestations. The first part of the text focuses attention on defining victimology, its origin, the founders and other important personalities of this scientific field and the period of its greatest flourishing. It also traces the historical shift in the victim's role, which initially played a pivotal role in the investigation of criminal acts and the punishment of perpetrators. However, with societal development, the victim gradually lost its importance, and its role was limited to providing testimony. The second section delves into the concept of the victim of a crime, explaining victimization and exploring the typology of victims. At the same time, it describes in more detail specific groups of victims, such as children, the elderly and victims of domestic violence, and the peculiarities that distinguish them from ordinary victims. Additionally, it analyzes widespread myths about victims. The...
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Criminology prognosis
Příhonská, Lucie ; Hořák, Jaromír (advisor) ; Beranová, Andrea (referee)
Criminology prognosis Abstract The subject of this thesis is criminological prognosing, specifically the methodologies used in the process of prognosis creation. The thesis' aim is twofold: to present the possible ways of reaching a relevant prognosis, and to introduce new findings from research done in other countries with regards to the prediction of crime perpetration and recidivism. The first part of the thesis presents the overall methodology used in the creation of criminological prognoses in the Czech Republic, while the second focuses on specific methods of predicting offenders' behaviour in the same geographic area. The conclusion presents several studies done in other countries which looked into criminal offenders from several angles, with their primary focus being the predictors of a future criminal career. Key words: criminology prognosis, prediction, methodology
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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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