National Repository of Grey Literature 14 records found  1 - 10next  jump to record: Search took 0.01 seconds. 
Criminological aspects of organized crime
Hrubá, Veronika ; Scheinost, Miroslav (advisor) ; Drápal, Jakub (referee)
Criminological Aspects of Organised Crime Abstract The aim of this thesis is to provide an insight to the formation and functioning of organized criminal groups together with work on their exposure. In the first part of the thesis, it offers the basic characteristics of the terms organized crime and organized criminal group. It deals with organized crime in the Czech Republic and the impact of the recent COVID-19 pandemic. It distinguishes between the terms organized crime group and an organized group and displays why the definition is so important from a criminal law point of view. The second part presents the perpetrators of organized crime, both from the point of view of their motivation for criminal activity, and from the point of view of the demands placed on such perpetrators. Finally, it divides the perpetrators into groups and analyses the perpetrators which are in the position of so-called white horses, including their criminal liability. If we already have an idea about the perpetrators, we can continue in the third part with the very formation of organized criminal groups, namely the causes of their formation, the function of trust and violence, the expansion of the group with new members and finally also the personality of the leader. In the fourth part the thesis continues by presenting basic...
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 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...
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...
The Role of Criminal History in Sentencing Theory and Practice
Košatka, Martin ; Drápal, Jakub (advisor) ; Bohuslav, Lukáš (referee)
158 The Role of Criminal History in Sentencing Theory and Practice Abstract While criminal history enhancements are ubiquitous, they are also a theoretically problematic practice. The distinction between retributive and utilitarian punishment theory was introduced, while typical approaches within these theories of punishment were described and subjected to critical analysis. None of these approaches was found to offer a complete and workable sentencing system. The hybrid theory of limiting retributivism was presented and suggested as a realistic and pragmatic approach. The approaches to sentencing repeat offenders were considered and mutually confronted. Neither the retributive nor the utilitarian approaches were found to be sufficient justifications for broad criminal history enhancements. Enhanced culpability and limiting retributivist models of criminal history enhancements were found theoretically unconvincing but usable in practice as approaches ensuring proportionality. Almost no evidence was found for a coherent justification for enhanced punishment for repeat offenders in Czechia. The legal framework was assessed as too vague and imprecise regarding criminal history enhancements. Policy suggestions based on Roberts and Frase's hybrid model were offered to achieve clearer limits of the criminal...
3D printed circularly polarized patch antenna
Drápal, Jakub ; Kaděra, Petr (referee) ; Láčík, Jaroslav (advisor)
The bachelor thesis deals with circularly polarized patch antennas. In this work, circular polarization is achieved by inhomogenous substrate. The first part summarizes the basic theoretical knowledge about the patch antennas, the shapes of the patch antennas, the excitation methods and the generation of circular polarization. In the next section, the design of a circularly polarized patch antenna on an inhomogeneous substrate is described, and several antenna concepts are proposed and compared with each other and with a conventional antenna. The effect of shaping the inclusions and their gradation in the substrate and the insertion of the inclusions around the centre conductor in the substrate is investigated. The last section is devoted to the realization of the designed antennas by 3D printing method and comparison of simulations from ANSYS HFSS software with measurements of the antennas.
Sentencing decisions around quantity thresholds: theory and experiment
Drápal, Jakub ; Šoltés, Michal
We study the implications of the structure of criminal codes on sentencing decisions. To limit sentencing disparities, criminal codes typically divide offenses into subsections with specific sentencing ranges. The classification into corresponding subsections often depends on exceeding a given quantity threshold, such as drug amount. We study the consequences of these quantity thresholds on sentencing decisions and argue that the threshold effect can be decomposed into two opposing mechanisms: the severity mechanism and the reference one. An experiment with Czech prosecutors shows that thresholds drive substantial increases in sentences, leading to sentencing disparities. We further introduce empirical measures of (in)justice and quantify the consequences of quantity thresholds on the probability of imposing a just sentence.
The proportionality of punishment with regard to the wealth of the offender
Drápal, Jakub ; Kühn, Zdeněk (advisor) ; Tryzna, Jan (referee)
The proportionality of punishment with regard to the wealth of an offender Master's Thesis Jakub Drápal Summary This thesis's main question is whether or not pecuniary punishments should be proportionate to the wealth of an offender. In the beginning the philosophical aspects and opinions of Law and Economics are examined. Jurisprudence of Czech Constitutional Court is discussed as administrative and penal law with their respective jurisdictions, Supreme Court, Supreme Administrative Court and Constitutional Court. Private and supranational law is also considered. The practical part of the thesis is composed of an analysis of the way how are pecuniary punishments in the form of day fines set at two Czech courts. The outcome is that the concept of day fines is not applied in the Czech Republic and is not accepted by the judges. Even though richer offenders get higher sentences than the poorer ones, in proportion to the punishment the richer receive much lesser sentence. To sum-up the findings, it is not possible today to give a unequivocal answer to the key question, whether pecuniary punishment should be proportionate to the wealth of an offender. It is possible in several areas of law, as it is possible to often choose, whether or not it is effective. General and abstract question however has to be left...
Sentencing in the Czech Republic: An Empirical Investigation
Drápal, Jakub ; Dušek, Libor (advisor) ; van Wingerden, Sigrid (referee) ; Johnson, Brian (referee)
Sentencing in the Czech Republic: An Empirical Investigation Abstract Sentencing is in many respects still terra incognita. This holds true especially for other countries than common law ones and those in the Western and Northern Europe. This dissertation thus empirically studies sentencing practices in the Czech Republic using quantitative methods. It is composed of four articles focusing on various sentencing issues: Firstly, on the influence of judicial experience on sentencing using longitudinal data analyzing judges' trajectories from 2008 onward. It shows that increasing experience reduces inter-judge disparity. Secondly, on analyzing previously underappreciated measure to achieve policy change: Informal authority of the supreme institutions. In 2016 the Prosecutor General's Office and the Supreme Court organized several meetings and seminars for prosecutors and judges in order to persuade them to impose more fines. This paper illustrates that these informal tools might have been underappreciated as they are highly effective. The third paper is dedicated to studying a particular extra-legal characteristics influencing sentencing in Prague: The weather. It builds both on psychological literature showing that weather influences mood and mood often impacts behavior and decision-making and on previous US...
Reasons Provided for Sentences as the Only Manifestation of Accountability for Sentencing Discretion: New Solution to An Old Issue
Drápal, Jakub
The inssuficient quality of reasoning for the sentences imposed provided by Czech courts has often been criticized by the academia, the legislator, and even the judiciary itself. In this paper I present a new way tu structure the process of providing reasons for sentences imposed which incites judges to explicitly state all the factors influencing sentences, with special focus on the weight each factors carries and how are all factors considered together when arriving at the final sentence. Procedural simplicity and efficiency is sought in order to ensure its easiest application in practice.

National Repository of Grey Literature : 14 records found   1 - 10next  jump to record:
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5 Drápal, Jan
3 Drápal, Jiří
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