National Repository of Grey Literature 320 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Expert evidence
Šváb, Martin ; Richter, Martin (advisor) ; Bohuslav, Lukáš (referee)
Expert evidence Abstract This thesis deals with the use of expert opinion as evidence in criminal proceedings, the conditions for its admissibility and possible defects of such expert opinions. Expert opinions play a significant role in criminal proceedings and are often irreplaceable evidence in the process of proof. Despite their irreplaceability, however, they do not carry any greater weight or probative force among other evidence and must therefore, like other evidence, be assessed in accordance with the principle of the free evaluation of evidence. The thesis deals with the basic institutes of the law of evidence, expert activities, the status and conditions of activities of individual subjects of expert activities and expert opinions, the process of their preparation and their taking. It describes the process of preparation and the individual parts of an expert opinion according to the new legal regulation implemented by Act No. 254/2019 Coll., on Experts, Expert Offices and Expert Institutes (Act on Experts) and the related implementing decrees. The thesis describes the basic requirements that an expert opinion must meet in order to be admissible evidence in criminal proceedings, and at the same time describes what defects in expert opinions are recognized by theory and practice using case law...
Prediction of criminal recidivism using artificial intelligence
Eberle, Matěj ; Drápal, Jakub (advisor) ; Bohuslav, Lukáš (referee)
Artificial intelligence is gradually spreading into all sectors of human activity, and law is no exception. However, law and computer technology are very different disciplines. This paper explores a situation where they intersect. Specifically, it focuses on the use of predictive models in the criminal justice sector in forecasting possible recidivism. The thesis first describes the historical development of predictive mechanisms and seeks to use this background to introduce the basic theories applied in prediction. In this section, the thesis also uses the case study of the UK and Wales to demonstrate the limitations of such a models. Furthermore, the thesis offers a basic understanding of how AI models work, which is essential for understanding the legal side of the matter. This part of the thesis concludes by asking whether predictive models are even effective enough to make their deployment meaningful. Is the use of AI the next evolutionary phase in the field of recidivism prediction, or is it a dead end? To answer this, it uses a review of the major studies that have been published on this topic around the world. In the Czech Republic, this topic has been very little researched, so in the next part the paper first analyses the basic elements of the part of the legal system that are relevant...
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...
Criminal liability in the handling of narcotic drugs and psychotropic substances in the health care sector
Jedličková, Kristýna ; Bohuslav, Lukáš (advisor) ; Drápal, Jakub (referee)
The present thesis deals with the criminal liability in the handling of narcotic drugs and psychotropic substances in the health care sector, which is accompanied by a number of nooks and crannies that I try to reveal in the thesis. The thesis explores the duties and responsibilities of health service providers, whose role is crucial to ensuring quality care and patient safety. The first part of the thesis focuses on defining basic terms in the field of health service delivery. Then the thesis analyses the obligations that health service providers, especially doctors, have to comply with. The key term is the duty of lege artis, and the thesis discusses in detail the various aspects of this duty, its violation in the form of non lege artis procedure, and then provides examples from practice. The second part of the thesis is devoted to medicinal products, whereby their development up to registration is first presented, followed by their prescription. An important topic is also off-label medication, which "gained popularity" especially in the period of the COVID-19 pandemic. The third part of the thesis deals with criminal liability and its basic aspects, together with circumstances precluding illegality, which are focused on the area of provision of health services. This part then discusses in detail...
Criminal liability in public procurements
Richter, Martin ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee) ; Kalvodová, Věra (referee)
1 ABSTRACT Criminal liability in public procurements The thesis deals with the criminal liability in public procurements. Public procurement is a very complex and organized activity, the criminal assessment of which, however, cannot reliably lead to satisfactory results on the basis of existing doctrine. The primary goal of this work is therefore to identify the roles and extent of criminal liability of individual actors in the decision- making process of public administration and on this basis to analyze which type of negotiations concerning public procurement may be punished under a special part of the Criminal Code. The importance of effective prosecution of criminal offenses relating to public procurement results from the fact that amount of funds in public procurement correspond to tenth of gross domestic product. For easier orientation of the reader, a formal structure was chosen so that, as far as possible, it comes as close as possible to the standard criminal law teaching on elements of a crime. Specifically, the chapters are divided into actions in public administration, its criminal relevance, the consequence in public administration, the subject, the subjective aspect, circumstances precluding illegality and finally to crimes related to public procurement. From the material point of view, the...
Defence in the criminal trial by the defence counsel Abstract
Hejda, Vít ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Defence in the criminal trial by the defence counsel Abstract The topic of the submitted thesis is the defence by the defence counsel, with a special emphasis on the defence during the trial. The criminal trial, as its title suggests, plays a pivotal role in the criminal proceedings and the defence counsel has a crucial influence on its course. It is at the criminal trial, that the greatest degree of evidence is taken, and where the defence has the widest range of rights and opportunities to influence the course of the criminal trial. In the exercise of these rights of the defence, the defence counsel plays an absolutely indispensable role and consequently has a significant influence on the decision on guilt and punishment. The aim of this thesis is to analyse the legal provisions concerning both the right to defence and the defence in the criminal trial and to provide a comprehensive overview of all the rights the defence possesses and the most appropriate and efficient ways for defence counsel to exercise them during the trial. The present thesis thus aims to evaluate the current legal framework and, on this basis, to make proposals for possible future amendments. This thesis also continuously reflects on the changes that the criminal law has undergone through the amendments, in the context of both case...
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...
The selected issue of sanctioning deliquent juveniles
Papanová, Veronika ; Bohuslav, Lukáš (advisor) ; Richter, Martin (referee)
Selected issues of juvenile punishment Abstract The thesis focuses on the issue of sanctioning delinquent youth, with the focus being situated on the age of juvenile offenders or offenders who have committed a crime close to the age of juvenile delinquency. Significant historical context and legislative changes are provided, particularly in the context of the current version of the Juvenile Justice Act. It focuses on the description and analysis of the basic concepts related to the punishment of juveniles and the background that governs the punishment of persons who are not criminally responsible, juveniles and so-called young adults, i.e. persons who committed a crime after the age of eighteen. It also discusses the international instruments that directly touch on the subject, again oriented towards age and the age of criminal responsibility. Furthermore, it deals with the legal regulation of juvenile punishment and the age of criminal responsibility of juveniles in neighbouring countries, which are Germany, Austria and Slovakia. In general terms, it describes the course of criminal prosecution and the possibilities of defending a juvenile and then outlines the possibilities of extinction of criminality by limitation or diversion. Finally, it then discusses possible legislative changes to the current and...
Current issues of money laundering
Krulcová, Aneta ; Bohuslav, Lukáš (referee)
The thesis deals with current issues of the phenomenon of legalization of proceeds of crime, popularly known as money laundering. Money laundering is an illegal act intended to disguise the criminal origin of the proceeds of crime and to create the appearance of legally acquired income. In recent decades, it has qualified as one of the most pressing and serious global criminal issues. The ambition of the thesis is to contribute to a better understanding of this complex phenomenon. The thesis also aims to analyse in more detail recent legislative changes in the area of substantive criminal law and to assess whether these are an appropriate step to ensure more effective combating of money laundering. The thesis is divided into four parts. In the beginning, the thesis explains the terms of legalization of proceeds of crime and money laundering. It then presents how money laundering is carried out in practice and highlights the evolution of laundering methods from the traditional simpler domestic methods to modern highly sophisticated offshore laundering schemes. The second part of the thesis provides an overview of the legal regulation of money laundering, with an emphasis on domestic criminal law, as well...
Hate Speech on the Internet
Maška, Jan ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Hate Speech on the Internet Abstract The topic of the presented diploma thesis, Hate speech on the Internet represents a computer and internet crime area, the meaning of which is current and which is dynamically developing. In the first part of the work, primarily, basic concepts are introduced, such as computer and internet crime, hate speech, bias crime, extremism or freedom of speech (which is largely connected with hate speech, as they represent an exception to the right to this freedom). The concept of hate speech is also interpreted in the context of human rights and related values, such as equality and freedom. Furthermore, the work clarifies the terms computer and the internet and presents the basic elements and principles of the functioning of the internet and computer networks, maps their development and certain characteristics, including a certain insight into some aspects of their influence of society. The second part of the thesis is devoted to an overview of the legislation of the Czech Republic in relation to hate crimes, especially from the point of view of criminal law. The overview begins with a summary of the constitutional- legal matter, followed by the substantive-legal regulation of criminal law. A brief overview of legislation regulating the dissemination of information on the...

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