National Repository of Grey Literature 461 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Criminal Liability for the Dissemination of Illegal Content on the Internet
Bydžovský, Petr ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
and key words Thesis title: Criminal Liability for the Dissemination of Illegal Content on the Internet The thesis deals with the issue of criminal liability for the dissemination of illegal content on the Internet with a closer focus on the issue of hate crime, extremism and terrorism. It is divided into two parts, each of which represents a separate chapter. The work is mostly based on case law sources, but parts dedicated to cases in which are criminal proceedings still pending are using Internet sources mainly. The first part categorizes harmful content on the Internet and enumerates the possibilities of its regulation, then deals more generally with concept of criminal liability, distinguishing the specifics of natural and legal persons. It deals with other possibilities of sanctions of legal persons by instruments other than criminal law, including giving examples from case law where these instruments were used. It defines the terms "cyberspace", "cybercrime", "computer crime", discusses the scope of criminal law on the Internet. It also addresses the problem areas of sanctioning hate speech in terms of the international nature of cyberspace, in particular with regard to differences in freedom of speech legislation in the United States, including specific examples where, despite differences,...
Criminal Liability for the Dissemination of Illegal Content on the Internet
Nikl, Ondřej ; Gřivna, Tomáš (advisor) ; Krupička, Jiří (referee)
Criminal Liability for the Dissemination of Illegal Content on the Internet Abstract As the title of my work suggests, I deal with the issue of criminal liability for the dissemination of illegal content on the Internet. The work is not generally focused on the mechanism of creating criminal liability or shedding light on the concept of illegal content. However, these topics are defined in the first chapter, along with other concepts related to this work. The heart of this work is represented by two areas that cover most of the illegal content distributed on the Internet, namely pornography and hate crimes. These areas are the main theme of my work. The aim of this work is to analyze the issues of these two areas and especially the specifics that are associated with the virtual world. The work deals with both the regulations of European and domestic law, as well as case law. I constantly tried to compose my thoughts in my work, especially in the conclusion, where the de lege lata consideration of the criminality of using the so-called reaction buttons on social networks is described. A large part of internet hate speech has moved to them, and I think that this trend will only continue. The work is divided into four chapters (if I do not count the introduction and conclusion). The first chapter defines the...
Criminological and criminal law aspects of the ransomware spread
Lédl, Kryštof ; Gřivna, Tomáš (advisor) ; Richter, Martin (referee)
67 Criminal-law aspects and criminological aspects of ransomware spread Abstract The thesis deals with the ransomware spread and its exploration from the perspective of criminology and substantive criminal law. This theme is still relevant as ransomware is still a highly used form of cybercrime, whose method of execution is being constantly improved by the perpetrators. The theme is further relevant because this form of cybercrime is also used as a form of waging war against another state, as may be seen e.g. in the increasing number of cyber-attacks incurring in connection with the current war between Ukraine and Russia. The first part of this thesis defines the term ransomware and then briefly describes the history of this type of cybercrime. This part further describes the different types of ransomware currently recognized by the professional community. Current trends in the ransomware spread are also outlined. The second part discusses the criminological aspects of ransomware, focusing primarily on explaining the ransomware spread by the criminological theories, examining the personality of the perpetrator and the victim from a criminological perspective, and exploring other criminological aspects of ransomware. The third part of the thesis concerns the assessment of ransomware spread under substantive...
"European Public Prosecutor's Office: Comparative Analysis with Particular National Prosecution Systems"
Široký, Filip ; Tomášek, Michal (advisor) ; Gřivna, Tomáš (referee)
The European Public Prosecutor's Office: Comparative Analysis with particular National Prosecution Systems Abstract: The European Public Prosecutor's Office provides not only a major breakthrough in the framework of European Criminal Law, but a revolutionary concept as a first cross-national prosecution system as well, including the non-European jurisdictions. Taking into account how sensitive is the matter of convergence of European Criminal Law for the Member States, as well as their endeavour to preserve sovereignty with regard to criminal policies, it is obvious, that there was not (and still is not) any agreement regarding the form, or even mere existence, of the EPPO. In my opinion, for the purposes of the EPPO's efficiency assessment, as well as alternatives of its particular aspects, it is most suitable to compare it with other existing prosecutions systems in chosen developed countries. Germany, France, USA and Japan were chosen as those countries, pursuant to the criteria of both Anglo-American and continental legal systems representation, the countries' GDP, geopolitical significance, the development of their legal systems in history, and the type of political establishment. In the first part of my thesis, I focus on analysing the aspects of the new office, its historical background and position...
Limits of interference with constitutionally guaranteed rights and freedoms in criminal proceedings
Doležalová, Dominika ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Limits of interference with constitutionally guaranteed rights and freedoms in criminal proceedings Abstract The presented thesis deals with one of the key issues of criminal procedural law, namely the limits of interference with constitutionally guaranteed rights and freedoms in criminal proceedings. The regulations of criminal proceedings in the Czech Republic, a democratic state governed by the rule of law, must, while preserving the tools for effectively combating crime, contain such guarantees of a fair trial that the full protection of the rights and freedoms of the persons being prosecuted is ensured. In view of the increasing standard of protection of fundamental rights and freedoms on the one hand and the increasing sophistication of criminals as a result of globalisation and the rapid development of modern technology on the other, this creates an extremely difficult task for the legislator. This thesis presents a detailed analysis of the issue. Recent developments in the Czech jurisprudence made apparent certain gaps in the legislation of criminal proceedings, specifically in the area of "evidence" and in the related area of interception. For this reason, the first out of the five chapters of the thesis discusses the establishment of the practice of fair trial in the Czech Republic, which puts an...
Public procurement-related crimes
Hřebíček, Vladislav ; Gřivna, Tomáš (advisor) ; Šámal, Pavel (referee) ; Musil, Jan (referee)
Public procurement-related crimes (in Czech republic) (summary of the dissertation) Vladislav Hřebíček In his paper, the author focuses on the area of public procurement-related crimes in the Czech Republic. As there has been no comprehensive coverage on the subject so far, the paper's primary ambition is to sum up the current state of knowledge while critically considering particular resources (mainly legislation and practice of courts), overlapping significantly into the area of daily practice of detecting such crimes and gathering evidence. In the first chapter, the author provides definitions for key terms and examines the term procurement from the perspectives of its legal definition as well as its interpretation based on court practice. Furthermore, the chapter specifies what is to be understood as procurement-related crime, placing this type of crime within the broader context of economic crime. At the same time, it offers answers to the related criminological questions and presents statistical data provided by the Police of the Czech Republic and the Czech Ministry of Interior. The second chapter gives the reader a historical overview of this area of law mainly from the perspective of criminal law. Covering the timeframe of 1918 (when the previous legislation was adopted) until the present day, it...
Substantiation of electronic evidence
Jirounková, Kristýna ; Gřivna, Tomáš (advisor) ; Mulák, Jiří (referee)
Substantiation of Electronic Evidence Abstract The author focuses on the possibility of "misuse" of data as electronic evidence in the thesis. She describes specifics of electronic evidence and she points out that current technologies are so advanced that they are able to track and map the lives of individuals. The author simulates the investigation of the crime of murder, based on the idea, that thanks to the daily stored data on digital activity of persons in conjunction with GPS data, the physical activity of persons can be proven. She seeks to investigate this crime regardless of the regulation of fundamental human rights and freedoms only by electronic evidence. Eventually she assesses the procedure in the light of legislation. Finally, the author deals with the issue of confidentiality obligations of attorneys at law in connection with the use of electronic devices for the performance of their activities and she points out specifics of search of premises, where attorneys at law perform advocacy. Kristýna Jirounková Thesis 2021 Charles University, Faculty of Law
The Impact of the State of Emergency on the Assessment of Crimes
Kozáková, Eliška ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The Impact of the State of Emergency on the Assessment of Crimes Abstract The thesis provides an insight into the issue of assessing crimes committed during states of emergency during the pandemic of the covid-19 disease in the years 2020 and 2021. The aim of the thesis was to find out how the state of emergency is reflected in the Criminal Code, to identify the problems caused by the pandemic of the covid-19 disease in this area, and to evaluate the legislation in terms of the identified problems and, if necessary, to put forward de lege ferenda proposals. The Criminal Code provides for a state of emergency in the provisions regulating basic bodies of three crimes, it also includes it among the generally aggravating circumstances and the state of emergency may also play a role in assessing the fulfilment of a circumstance triggering the application of a higher penalty rate for nine crimes. The thesis considers the definition of the above-mentioned circumstance triggering the application of a higher penalty rate for only nine crimes to be unsystematic and therefore proposes examples of other crimes where the circumstance should be included. States of emergency and the covid-19 pandemic have caused inconsistency in the courts' decision-making practice. The courts have disagreed on the necessary degree of...
Crime of fraud, credit and loan fraud pursuant to section 209,210, 211 and 212 of the Criminal Code
Taschnerová, Jana ; Říha, Jiří (advisor) ; Gřivna, Tomáš (referee)
Crime of fraud, insurance, credit and loan fraud pursuant to section 209, 210, 211 and 212 of the Criminal Code The purpose of my thesis is to consider all the aspects of law structure of frauds in the Czech Criminal Code. The thesis is composed of six chapters, the first chapter dealing with the general term of economic, financial and property delinquency, while the other chapters investigate particularity of different fraud types of the Czech criminal regulation. The methodology employed was a review of the judicial decisions offering contradictory interpretation of fraud statutes. Privatisation process in 1990's started the growing trend of fraudulent actions when some people identified the lack of regulations and opportunity for gaining profit out of it. Despite the fact that we never quantify the true extent of frauds as there remians a high proportion of latent acts, the trend of frauds was (and still is) increasing. Although all the fraudulent activities were punishable pursuant the provision of fraud, damage was not always possible to be proven. Fraud involves intentional misrepresentation or concealment of fundamental information intended to result in an unauthorized benefit of a person. Impossibility to subsume abusive acts under the general fraud has led to the most significant amendment...

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