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Criminal procedure in front of a single judge
Hassmannová, Valentýna ; Říha, Jiří (advisor) ; Bohuslav, Lukáš (referee)
1 Proceedings before a single judge Abstract The topic of this diploma thesis is criminal proceedings before a single judge and its purpose is to provide a comprehensive interpretation of the legal regulation related to this special type of proceedings, outline problematic questions, answer them and to present own considerations related to possible future legal regulation. The author of this thesis has also focused on the institutes related to proceedings before a single judge, namely the criminal order and the lay element in criminal proceedings. The thesis draws mainly from the literature, commented legal regulations, case law of the courts and professional articles. The thesis is based on the methods of description, analysis and comparison. In the first chapter of the thesis, the author describes the historical development of the proceedings before a single judge and the judicial organization. The historical excursion begins in 1848, when some basic principles of criminal procedure were established, which are still applied today, and therefore meant the beginning of modern criminal procedure. The chapter gradually discusses the most important legal regulation of the time, up to the period of the socialist state, when the legislation of proceedings before a single judge into the Czech legal system was...
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Reasoning of Sentences by Regional Courts
Forman, Petr ; Drápal, Jakub (advisor) ; Říha, Jiří (referee)
Reasoning of Sentences by Regional Courts Abstract This diploma thesis addresses the question of the sufficiency of reasoning of the criminal judgement by regional courts. In the theoretical part, I focus primarily on arguments for the necessity of proper reasoning of the judgement, stemming from both the law and fundamental legal principles. Furthermore, I delve into the context of sentence reasoning within our legal system, as well as the jurisprudence of the European Court of Human Rights, along with their purposes, requirements, and shortcomings. Last but not least, I attempt to present an approach that would help minimize the typical shortcomings of reasoning. The theoretical segment thus gradually answers the following questions concerning reasoning: Whether to reason at all, what does the law, theory, and jurisprudence say about reasoning, why to reason, how not to reason, and how to reason. Thus, it comprehensively covers all essential aspects of reasoning including common arguments both for and against various forms of reasoning. In the empirical part, I will present an analysis of 300 decisions made by regional courts. The research question posed was, "Is the sentence reasoning provided by regional courts sufficient?" This question encompasses various sub-questions and aspects that were documented...
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Agreement on guilt and punishment
Bolek, Tobiáš ; Říha, Jiří (advisor) ; Bohuslav, Lukáš (referee)
The subject of this master's dissertation is agreement on guilt and punishment, which was incorporated into the Czech legal system in 2012. It is one of the juridical institutes that intends to achieve faster and more effective criminal proceeding. The agreement on guilt and punishment is inspired by a similar juridical institute of plea bargain originating from the Anglo-American legal system. The essence of agreement on guilt and punishment is the conclusion of an agreement between the prosecutor and the accused, whereby the prosecutor may offer a lighter sentence to the accused in exchange for a declaration by the accused that he has committed the act for which he is being prosecuted. This is an alternative form of proceeding, as the accused can avoid the standard form of criminal proceeding altogether by entering into this agreement. In the first chapter, I discuss the history of the legislative process, as the institute of agreement on guilt and punishment in the Czech Republic has undergone a rather complicated process. I also deal in detail with older legislative attempts, as many academic works on the same or similar topics do not pay much attention to older proposals. In the second chapter, I analytically describe and comment on the current legal regulation of agreement on guilt and...
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The Unfit Preparation and Attempt of Criminal Offence
Smutná, Nikola ; Hořák, Jaromír (advisor) ; Říha, Jiří (referee)
The diploma thesis deals with unfit preparation and unfit attempt of a criminal offence. The issue of the criminalization of unfit actions is nothing new in jurisprudence, yet it is still a topical issue. Due to insufficient legal regulation, the low number of cases resolved before the courts and little interest on the part of the professional public, many questions remain unanswered. Act No. 40/2009 Coll., Criminal Code, does not offer a solution. It does not explicitly regulate the criminalization of unfit actions, the institute is mentioned only in a single provision, namely in § 46 paragraph 3 on abandonment of punishment. The legislator therefore left the definition of criminality and the procedure for imposing punishments for unfit actions to theory and practice. The aim of the thesis is to provide a comprehensive explanation of the unfit preparation and unfit attempt of a criminal offence, to analyze the individual problems associated with this institute and to propose their solutions. The text of the thesis is divided into a total of nine chapters. The first briefly discusses the developmental stages of the crime, the others are focused purely on unfit preparation and attempt. In the second chapter, this institute is first defined, followed by a discussion of criminality according to...
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The crime of theft according to section 205 of Czech criminal code
Pokorný, Tomáš ; Bohuslav, Lukáš (advisor) ; Říha, Jiří (referee)
The crime of theft according to section 205 of Czech criminal code Topic of this diploma thesis is the legislation of the crime of theft according to section 205 of the Czech Criminal Code. The aim of this diploma thesis is to conduct an analysis of the currently effective Czech legislation of the crime of theft in the Czech Criminal Code and at the same time subject legislation in fitting cases to critical evaluation or else propose it's modification. Simultaneously the aim of this thesis is to conduct analysis of the judicial practice in time of the state of emergency during COVID-19 pandemic using selected relevant judgements and alternatively subject it to criticism. Final aim of this thesis is to compare the Czech legislation of the crime of theft in the Czech Criminal Code to legislation of the crime of theft in the German Criminal Code with the aim to identify their main differences. Diploma thesis is divided into four separate chapters where individual chapters are further divided into subchapters except the first chapter. The first chapter forms introduction into social problems of the theft phenomenon. This chapter briefly defines importance and status of the crime of theft in a society considering its historical genesis. Second chapter forms the main part of the thesis consisting of the...
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Traffic crime and its prevention
Maikranz, Alexandr ; Říha, Jiří (advisor) ; Bohuslav, Lukáš (referee)
Obvious from the headline, the theme of this theses is traffic crime and its prevention. Although traffic crime is by society quite overlooked kind of criminality, it is more probable that any person will become one of the traffic criminals or a victim of someone elses' criminal behaviour within traffic, rather than he or she will find him or herself being a victim or a perpetrator of a crime from another crime field. Losses of lives, health or property losses which are unfortunately huge part of it are also not insignificant. Being aware of the fact that the most severe consequences of traffic crime happen at the time of transport accidents, considerable part of the thesis is dedicated to the problematics of such accidents. Although traffic crime is not unusual within various kinds of transport it is much less frequent than in the case of road transport which is the kind of transport the theses talks about. The aim of this work is to highlight not only the meaning of transport crime and accidents connected to it but also the possibilities of its prevention. The theses consists of the introduction, four chapters and the conclusion. The first chapter provides an insight into the traffic crime in general, its peculiarities and crimes which can be committed in connection with transport. The second...
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Cassation and appeal in the criminal procedure code
Podlucký, Jakub ; Šámal, Pavel (advisor) ; Říha, Jiří (referee)
Cassation and appeal in the criminal procedure code Abstract The principle of cassation and appeal are the two basic principles that govern corrective criminal proceedings. This thesis maps the rate of their occurrence in the current legal regulation of Czech criminal proceedings and proposals for regulation in the new criminal code, the adoption of which has been discussed very frequently in recent years. Today, we can no longer find the principle of cassation or appeal in its pure form in any remedy, but there is always a combination of both principles with the predominance of one of them. The thesis thus tries to find a suitable combination of these principles for individual remedies. The first part of this thesis deal with the position of the cassation and appeal principle in the system of principles that govern the Czech criminal procedure and defines the definition of the appeal and cassation principle in their pure form. The second part describes a historical excursion of the position of the appeal and cassation principle in the criminal codes valid on the territory of the current Czech Republic from 1873 to 2001. The third part of this thesis deals with the current legal regulation, in particular the definition of the current concept of individual principles, their advantages and disadvantages, and...
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Presumption of Innocence
Svoboda, Timon ; Gřivna, Tomáš (advisor) ; Říha, Jiří (referee)
Presumption of Innocence: Possible Limitation and Obstacles to Fulfillment Abstract The presumption of innocence is one of the oldest legal principles, a guarantee of an objective approach to the accused in criminal proceedings and a human right. This thesis deals with the concept, content and history of the presumption of innocence and its embodiment in law and nature, not only from a legal point of view. The author comes to the conclusion that the presumption is not of absolute nature and it is possible to limit it in order to preserve other values. The main topic of the thesis is the issue of the possibility of limiting the presumption of innocence. Based on the analysis of ECtHR and Constitutional Court jurisprudence and opinions of experts, the author comes to the conclusion that the presumption of innocence can, under certain conditions, be limited in a permitted manner firstly by placing the burden of proof on the accused, secondly as a result of the statutory regulation of proceedings on extraordinary remedies filed in favor of a deceased convict and thirdly as a result of the accused pleaing guilty. On the contrary, in the case of pretrial detention, the author came to the conclusion that the imposition of pretrial detention is not a limitation of the presumption of innocence. However, the...
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Criminal and Criminological Aspects of Spreading Disinformation
Řeháková, Pavlína ; Gřivna, Tomáš (advisor) ; Říha, Jiří (referee)
Criminal and Criminological Aspects of Spreading Disinformation Abstract This master thesis focuses on the spread of disinformation within criminal law and criminology. The master thesis analyzes and describes the phenomenon of disinformation, detects criminal offences that may be committed in connection with the spread of disinformation and describes such criminal activity from the criminological point of view. The text of this thesis is divided into three parts, the core of the thesis is in the second and third part. The first part of the thesis deals with the term of disinformation and related terms, such as misinformation, fake news, hybrid and information warfare, hybrid threat and propaganda, specifically their definitions and explanations. The second part of the thesis is criminological, therefore it deals with criminological aspects of spreading disinformation. Within the scope of phenomenology, the state and dynamics of crime are described with the help of police statistics. This chapter also addresses the possible characteristics of perpetrators and victims of criminal activity related to spreading disinformation. The etiological chapter analyzes the causes of the spread of disinformation and criminal activity related to such spread. Last chapter of this part deals with crime control, specifically...
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Obtaining digital evidence for criminal proceedings
Sadílek, Martin ; Gřivna, Tomáš (advisor) ; Říha, Jiří (referee)
Obtaining digital evidence for criminal proceedings Abstract The present diploma thesis analyses the criminal law procedural instruments that can be employed by the law enforcement authorities of the Czech Republic in obtaining digital evidence, mainly focusing on Act No. 141/1961 Coll., the Criminal Procedure Code. The first chapter focuses on analysing the digital evidence concept, considering various approaches to its definition. Consecutively, the term is defined for the purposes of the present thesis, and the chapter concludes with a description of the digital footprint attributes. The second chapter addresses international regulations, namely the Convention on Cybercrime, with regard to the obtaining instruments its signatories are obliged to implement in their legislation. Moreover, the chapter also analyses how the Czech Republic has fulfilled its implementation obligations. The focus of the thesis represents the analysis of the national legislation, discussing the individual procedural instruments used by law enforcement agencies and their pitfalls. In particular, the thesis emphasises the description of the identification of operational and location data, especially considering the topic of data retention and the issuance of orders for the identification of operational and location data in the...
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