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Prostitution from a criminal law perspective
Stašáková, Anežka ; Hořák, Jaromír (advisor) ; Bohuslav, Lukáš (referee)
Prostitution from a criminal law perspective Abstract In view of the existing jurisprudence, prostitution can be understood not only as sexual intercourse with other persons for remuneration in the form of coitus, but also as all other forms of exhibition of the sexual drive of another person of the same or opposite sex by physical intercourse. However, when defining prostitution, it is necessary to take into consideration the element of voluntariness, i.e. whether prostitution is provided voluntarily or involuntarily. The aim of the rigorous thesis was to describe both of these forms, i.e. both the issue of voluntary prostitution and the issue of involuntary prostitution. The differentiation of prostitution according to the element of voluntariness can also be observed at the level of international legislation, which tends to focus on forced prostitution. The same is the case at the legal level, where the current approach to prostitution in the Czech Republic can be described as abolitionist, i.e. prostitution as such is not punished, but only the accompanying phenomena or prohibited forms of prostitution. In this context, the rigorous thesis analyses the offence of prostitution endangering the moral development of children according to Section 190 of the Criminal Code, the offence of pimping according to...
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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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Crimes of bodily injury under section 145 and 146 of the Czech Criminal Code
Zelenka, Michal ; Hořák, Jaromír (advisor) ; Bohuslav, Lukáš (referee)
The title of the thesis: Crimes of bodily harm under section § 145 and § 146 of the Criminal Code Abstract: This rigorous thesis focuses on the offences of bodily harm under sections 145 and 146 of Act No. 40/2009 Coll., The Criminal Code. The crimes of bodily harm and grievous bodily harm are classified among the most serious crimes against human health. The aim of this rigorous thesis is a comprehensive analysis of the offences of bodily harm and grievous bodily harm, with particular emphasis on demonstrating the fundamental differences between these offences. This rigorous thesis also deals with the offence of bodily harm for justifiable motive, which is a crime privileged over the offences of bodily harm and grievous bodily harm. The aim of this rigorous thesis is also, among the other things a brief excursion and delineation of the differences between the domestic legislation of the above-mentioned offences and the English and Slovak legislation. The first part of the rigorous thesis deals with the development of the legal framework of intentional bodily harm in the Czech Republic from the time of Great Moravia until the adoption of the current Criminal Code. Increased attention is then paid to the most important legal regulations, whether of later or more recent date. The second part of the...
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Crime of murder and killing under Section 140 and 141 of the Czech Criminal Code
Krůčková, Adéla ; Hořák, Jaromír (advisor) ; Dvořák, Marek (referee)
The title of the thesis: Crime of murder and manslaughter under section 140, 141 of the Criminal Code Abstract: This master's thesis focuses on the analysis of the crimes of murder and manslaughter under sections 140 and 141 of Act No. 40/2009 Coll., The Criminal Code. The aim of this work is a comprehensive analysis of both of these crimes and their differentiation in judicial practice, utilizing available professional literature and case law. The thesis is structured into four chapters. The first chapter describes the historical development and gradual changes in the regulation of intentional killings, ranging from the period of the first Czechoslovak Republic to the adoption of the current Criminal Code. The second chapter is dedicated to the analysis of intentional killings under the current legal framework, specifically the crimes of murder and manslaughter. These crimes are characterized in the thesis by the elements of their factual constitutions, which are thoroughly examined. The chapter distinguishes between simple murder and premeditated murder. Attention is also given to circumstances governing the application of a higher penalty. The preparation of murder is explored, as well as the delineation between mere contemplation or expression of the idea to commit the crime of murder and...
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The Position of the Police Authority in Pre-Trial Criminal Proceedings
Jaňovka, Jan ; Musil, Jan (advisor) ; Hořák, Jaromír (referee)
Abstract, key words The Position of the Police Authority in Pre-Trial Criminal Proceedings One of the aims of the presented work was to find out what is the position of the police authority in the Czech criminal preparatory proceedings. I was also concerned with its relationship to other authorities and in particular to the public prosecutor's office. In the initial historical excursus I briefly dealt with the legal regulation in the field of criminal proceedings in the period from 1918 to the present. In the next chapter I described the types and legal regulation of the various police authorities, including the resolution of jurisdictional disputes between them. I then examined, by looking at the structure of the tasks performed by police authorities, the actual position of the police authority in contemporary criminal proceedings. I examined its procedure at the various stages of the pre-trial proceedings and what its relations are with other public prosecutor and the court. In the third part I described the position and organisation in the Federal Republic of Germany. I have described the tasks of the police in criminal proceedings. This showed that criminal proceedings in Germany are considerably faster and less formal. As far as Czech criminal proceedings are concerned, the public prosecutor has...
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Indirect perpetration
Demel, Jakub ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Indirect perpetration Abstract The thesis undertakes the institute of indirect perpetration, the nature of which is the use of another person whose liability is limited or is not criminally liable for committing an offence. It is an indispensable part of criminal law; many perpetrators of a crime would escape with impunity without its existence. The thesis deals with the Czech regulation of indirect perpetration. It aims to describe this institution's valid and effective legal framework using specialized literature, specialized articles, commentary on the law, judgments, and other sources. The thesis is divided into four chapters (excluding the introduction and conclusion), which are then divided into subchapters and sections. The first chapter depicts the genesis of the institute, from the time when indirect perpetration had no legal basis in criminal codes up until current legislation. The second chapter deals with the issue of direct and indirect perpetration, first defining the conditions for the perpetrator's criminal liability, which are age, sanity, intellectual and moral maturity in the case of juveniles, and special characteristics, capacity, or status in the case of special subjects and specific subjects. The chapter then focuses on the legal regulation of indirect perpetration, the fundamental...
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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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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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Manifestations of Restorative Justice in Czech Criminal Law
Kusáková, Nikol ; Tejnská, Katarína (advisor) ; Hořák, Jaromír (referee)
This diploma thesis focuses on the concept of restorative justice within the framework of Czech criminal law. It initially centres on the concept of restorative justice itself and subsequently explores its manifestations within both substantive and procedural Czech criminal law. This diploma thesis aims to provide a comprehensive overview of the state of restorative justice within Czech criminal law and offer insights into potential future developments and improvements to the Czech criminal justice system to foster a more restorative approach to justice. The thesis analyses and evaluates Czech criminal law elements with restorative potential and examines how they adhere to restorative principles of restoration, voluntarism, participation, reconciliation and reintegration. The author draws mainly from legal regulations, commentaries, domestic and international scholarly literature, scientific studies, and statistical data. The thesis is structured into six chapters. The first chapter delves into the core concept of restorative justice, its fundamental values and principles, while also defining key terms such as punishment, the purpose of punishment, and retributive justice. The next chapter examines the manifestations of restorative justice in substantive criminal law, with a focus on alternative...
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Crime reporting and its criminological significance
Jambor, Petr ; Hořák, Jaromír (advisor) ; Tejnská, Katarína (referee)
Crime reporting and its criminological significance Abstract The diploma thesis is divided into ten chapters, the first chapter deals with the reporting actions of natural persons, legal persons, public authorities and the related reporting obligation, the reporting authorization. The second chapter considers the importance of reporting criminal activity for the initiation of criminal proceedings, the basic principles that have an impact on the procedure of the prosecuting authorities after receiving a criminal notification and a criminally relevant complaint. The third chapter deals with the obligation to receive criminally relevant complaints and notifications, the actions of law enforcement authorities following the receipt of a complaint and the initiation of criminal proceedings. The fourth chapter provides the description of the most important legal institutes through which law enforcement authorities learn about facts reasonably indicating that a crime has been committed. The subchapters also include anonymous submissions, abuse of criminal reporting, private and subsidiary action - an institute appearing in some continental criminal Codes and discussed for reintroduction in the older substantive intention of the draft of the new Criminal Procedure Code. In relation to the reporting of criminal...
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