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Culpability in Criminal Law
Brtnová, Klára ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Culpability in criminal law Abstract The topic of the diploma thesis is culpability in criminal law, which is characterized as an internal psychological relationship of the offender to the violation or great of interests protected by criminal law. Culpability is the only obligatory feature of the subjective aspekt of a criminal offence, and therefore it is a key institute of criminal law, because without culpatibility there is no criminal offence. The diploma thesis is dividend into eight parts, including the introduction and conclusion. The first charter defines the koncept of criminal offence, its general and typice features. By fact, we mean a set of signs that show which criminal offence it is. The second charter is devoted to the historical development of culpability and is further dividend into subchapters, which each correspond to historic periods, or individual criminal laws, which came into force and effectiveness in our territory. The subjekt of interpretation in the third charter is the principle of liability for fault, its content and extent. Finally, this charter describes the construction of the facts in terms of culpability. The fourth charter deals with individual forms of culpability, incl. direct and indirect intentions and conscious negligence and unconscious negligence. Special attention...
Crimes of murder and manslaughter under sections 140 and 141 of the Czech criminal code
Honzík, Jakub ; Hořák, Jaromír (advisor) ; Krupička, Jiří (referee)
(ENG) Crimes of murder and manslaughter under sections 140 and 141 of the Czech criminal code The main objective of this work is to provide a comprehensive analysis of the codification of crimes of murder and manslaughter. The last recodification from the year of 2009 brought some significant changes into the area of intentional killings, the most important of which is an increased differentiation in the typology of these crimes. The Czech criminal code now differentiates between murder, premeditated murder and manslaughter. These changes can be seen as part of an effort by the Czech legislature to modernize the criminal law along the lines of legal systems typical in Western Europe. On the other hand, it can also be argued that the new Czech codification preserves its unique approach to certain problems. This thesis analyzes individual parts of sections of the Czech criminal code concerned with murder and manslaughter in a systematic manner. The first chapter deals with the historical context of intentional killings as well as providing an analysis of the new arrangement. Chapter two follows by introducing features common along all three types of intentional killings, specifically the actus reus of the crime. The following chapters then describe the different approaches towards intentional...
The issue of life imprisonment
Vršanský, Robert ; Hořák, Jaromír (advisor) ; Vokoun, Rudolf (referee)
This thesis is concerned with the issues of unconditional imprisonment with the focus on early release of prisoners. A comparison of legal framework in the Czech Republic and the Great Britain is provided. The first chapter deals with the meaning and objectives of punishment. It shows a history of legal theories in the world and the Czech Republic as well. The following chapter provides an explanation of these legal theories in the Czech legislature as basic sentencing principles. Moving further into the detail it provides a legal framework of unconditional imprisonment in the Czech Republic. The third chapter gives a brief look at the history of legal framework of imprisonment on the international, European and national level. The thesis gives a thorough examination of the early release in the Czech law in its first main part. It evaluates its advantages, disadvantages and implications. The same process is made in the second main part of the thesis concerning the early release in Common law using the doctrine of judicial precedent. Following that evaluation a comparison of particular legal institutes of the early release is provided. Recommendations for improvement of the Czech legal framework are mentioned in the last part of the thesis. Powered by TCPDF (www.tcpdf.org)
Crime of murder and manslaughter under section 140, 141 of the criminal code
Černý, Ondřej ; Hořák, Jaromír (advisor) ; Vokoun, Rudolf (referee)
Resumé The goal of this thesis is to analyse corpora delicti of the crimes of murder and manslaughter according to sections 140 and 141 of the Criminal Code, evaluate their present application by Czech courts, and to point out possible solutions to some problematic or unclarified questions. In the beginning, the thesis concerns itself with historical development of intentional homicides in the Czech country with emphasis on great codifications of 18th and 19th century. Subsequently, the interest shifts onto the question of human life as an object of intentional homicides. The core of the thesis is a thorough analysis of the crimes of murder and manslaughter, their mutual relation, and systematic incorporation in the Criminal Code. After that, there follows a short comparative assessment of the same topic in French law according to Code pénal. Then, attention is paid to developmental stages of mentioned crimes. The chosen topic is methodologically addressed in a way that every subtopic is first examined from the doctrinal theoretical point of view, and then treated in the light of judicial practice. Thus, it is presented how Czech practise of the courts interprets the written law with emphasis on terms and features that have not been used in Czech law so far. The result of this thesis is mainly the discovery...
Crimes related to substance abuse
Abu Dayeh, Christián ; Říha, Jiří (advisor) ; Hořák, Jaromír (referee)
Crimes related to substance abuse Criminal offences related to substance abuse are still a highly topical issue having serious social, health-related, financial and security impacts on the whole society. Since the subject is very broad, I decided to focus on substantive law of so-called drug-related crimes. The thesis is divided into eight sections. In the first one I define the basic terms that are frequently used in the thesis and whose definition is crucial for understanding the text as a whole. Second section contains historical background of the current legal form of drug- related crimes in the Czech Republic, while also some international legal rules are included as they influenced local legal development as well as many legal obligations result from them for the Czech Republic until the present. Third section covers current legislation; it contains a common introduction for individual elements of the drug-related offences as well as a broader context within the Penal Code, and it also mentions certain non-penal legislation that is closely connected to this topic. Substance of this thesis is in sections 4 - 8 describing individual elements of the drug offences. In each section there is also some part devoted to analyzing current issues. In the fourth section I deal with an act of cannabis...
The question of self-induced insanity
Jechová, Veronika ; Hořák, Jaromír (advisor) ; Vokoun, Rudolf (referee)
The Question of Self-induced Insanity The aim of this thesis is to cover the question of self-induced insanity in its complexity. The thesis is divided into eleven chapters, in which this part of criminal law is analysed. The topic of criminal liability of insane offenders (even those insane due to their own conduct) represents an interesting part of criminal law. One of the main reasons is the fact that the solution to the problem of criminal liability of insane offenders can lead to the breach of one of the main principles of criminal law - the principle of culpability - on one hand, or to the failure of one of the main functions of the criminal law - the protection of society and its interest and values against the most dangerous conduct prohibited by the law - on the other. The text is concerned mainly with the current legal arrangement of self-induced insanity in the Czech Republic. The legal arrangement in effect adopted the theoretical concept of a special criminal offense and a full criminal liability for the actio libera in causa construction. These provisions deal with situations, where the offender through the voluntary application of addictive substances caused his own insanity and in this state committed an act which would constitute a crime were it not for the absence of the...
Ineligible training and ineligible attempt
Nečadová, Jana ; Hořák, Jaromír (advisor) ; Vokoun, Rudolf (referee)
The Unfit Preparation and Attempt of Criminal Offence Abstract The question of unfit preparation and attempt is one of the most discussed as well as most unclear areas of substantive criminal law. Even though a lot of theoretical works have been dedicated to this topic (particularly in the past), a considerable amount of questions connected to unfit preparation and attempt still remains unanswered. The fact, that the written law itself usually governs only certain aspects of the problem (e.g. the current Czech Criminal Code specifically mentions the unfit preparation and attempt in just one provision of - section 46, par. 3). The aim of this thesis was to provide a comprehensive account of the unfit preparation and attempt in the legal theory, legal acts and case law and offer solutions to several problems of current legislation. Unfit attempt and preparation of criminal offence can be understood as specific types of attempt and preparation of criminal offence - the major difference between "regular" fit attempt/preparation and unfit attempt/preparation being the fact that unfit attempt/preparation cannot result in a completed crime, due to the absence of one of the substantial elements of criminal offence. The impossibility of preparation or attempt is caused by an error of the perpetrator, usually in the...
"Money laundering - criminal and criminological aspects".
Babjaková, Radka ; Hořák, Jaromír (advisor) ; Gřivna, Tomáš (referee)
This thesis deals with the issue of money laundering in terms of both criminal and criminological perspective. The aim of this thesis is to analyse the issue of money laundering and to raise questions related to de lege lata discussions and de lege ferenda proposals, to formulate my opinion and to make recommendation for legislative changes. The first part (Chapters 1, 2 and 3) contains the definition of this term and discusses methods in which money laundering occurs. In addition to well-known methods, it is dedicated to new methods focusing on the use of virtual currencies and online computer games. The question of organised crime, which is very close to money laundering, is analysed too. The second part (Chapters 4 and 5) describes international regulation, legislation of the European Union and measures against legitimisation of proceeds of crime in Czech legislation. It is focused on the most important conventions and directives related to money laundering. This part also explains Act No. 253/2008 Coll., on selected measures against legitimisation of proceeds of crime and financing of terrorism, and activities of Financial Analytical Unit. The third part (Chapters 6 and 7) examines relevant Czech legislation, especially issues of money laundering using legal entities, their criminal liability...
The issue of the concept of criminal custody
Beňák, Ondrej ; Hořák, Jaromír (advisor) ; Bohuslav, Lukáš (referee)
The thesis deals with the issues of pre-trial detention in the criminal procedure of the Czech Republic. It comprises and compares opinions voiced by various scholars, high courts and myself. The thesis also includes a section about the rules of pre-trial detention in the American federal criminal procedure and compares it with the Czech system. The first part of the thesis is the Introduction, in which the goals of the thesis are set out. The second part is the main part of the thesis and it is divided into five chapters. The first chapter consists of a general description of pre-trial detention in the Czech Republic and the principles that govern it. The second part is called Formal Rules of Pre-Trial Detention, and it deals with the issues of competence, court procedure and decision-making. The third chapter is where the focus point of the thesis lies, as it investigates the conditions of ordering a pre-trial detention of a person and adresses the numerous problems that arise in this area. The fourth chapter describes the conditions for pre-trial release of an accused person, including the legislative changes recetly made in this area. The fifth chapter explores the American federal criminal procedure and compares it with the Czech criminal procedure. It also includes American scholars'...
Sexual coercion (section 186 of the Penal Code) and other offences against human dignity in sexual sphere
Kočí, Jakub ; Hořák, Jaromír (advisor) ; Krupička, Jiří (referee)
Sexual coercion (section 186 of the Penal Code) and other offences against human dignity in sexual sphere My diploma thesis analyzes of the sexual coercion and it also applies to comparison of the sexual coercion with the other offences against human dignity in sexual sphere, mainly with the rape and the sexual abuse. The sexual coercion is newly (since 2009) included in the Czech Penal Code, namely in the section 186 of this Penal Code. There we find seven subsection (paragraphs) of its editing. The main aim of this text is interpret individual legal signs of the elements of the sexual coercion, particularly the object, the physical elements (actus reus), the offender (the subject) and the mental elements (mens rea). I try to put this aim into context. In the beginning, I sketch of the historical evolution of the legislation of the sexual offences. After that, I deal with the criminological excursion about sexual crime (crime against human dignity). Then this text continues with the concise essay on the present legislation of the sexual offences and their classification. After that, the major part of this thesis describes some terms that are related to the sexual coercion. In this part, I try to compare Czech legislation of the sexual offences with German, Austrian and Swiss legislation, because...

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See also: similar author names
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