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Some special methods of evidence
Šudrychová, Šarlota ; Konrád, Zdeněk (advisor) ; Krupička, Jiří (referee)
Some special methods of evidence Abstract The thesis focuses on five independent specific criminalistic-tactical methods of criminalistic practice. The Act No. 141/1961 Sb., o trestním řízení soudním (Criminal Procedure), provides these methods in the form of criminal-procedural acts as so-called Some special methods of evidence. The thesis describes these methods not only from a theoretical point of view, but also deals with specific cases from practice. The first chapter is entitled General Theoretical Background. It deals with the nature of some special methods of evidence, their purpose, documentation, and the principle of prohibition of coercion to self-incrimination. It also contains a practical demonstration of the difficulties of using some special methods of evidence in practice. The second chapter is about the historical development of the various methods. In particular, it focuses on the legislative development of confrontation and eyewitness testimony. The third chapter focuses on confrontation, its nature, its distinction from interrogation, the process and documentation of the act. The fourth chapter deals with eyewitness testimony, its nature, types of eyewitness's testimony and the possibilities of increasing the evidentiary strength of this act. This part of the thesis refers not only to...
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Crime scene reconstruction
Suková, Kristýna ; Krupička, Jiří (advisor) ; Dvořák, Marek (referee)
Crime scene reconstruction Abstract The theme of this Diploma thesis is crime scene reconstruction (also known as crime reconstruction). The author if this thesis focused primarly on Czech law. Crime scene reconstruction is type of criminalistic reconstruction. It is a forensic science discipline based on reconstruction of events and situations that occured as crime was being commited. Crime scene reconstruction is mainly used for cases of severe crime activity such as rape or muder. It was reglemented to Czech Criminal Procedure Code as one of "Special Means of Evidence" in 2001 when the so called "the big novelization" of Criminal Procedure Code took place. The other special means of evidence reglemented alongside with reconstruction were confrontation, recognition, investigation attempt and on site examination. The main aim of this diploma thesis is to thouroughly describe crime recontruction as one of the means of evidence. Leading method used in this project is the descriptive method followed by the comparative method. Finally analysis is also used in attempt to bring some new perspectives on the theme. Secondary aim of this diploma thesis is to compare reconstruction with other chosen Means of Evidence reglemented in the Criminal Procedure Code. Lastly next supporting aim is an attemt on analysis of...
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Children's internet safety in a social medial age with the focus on sexual assault
Holubová, Dominika ; Krupička, Jiří (advisor) ; Mulák, Jiří (referee)
1 Children's internet safety in a social media age with the focus on sexual assault ABSTRACT The thesis focuses on Internet sexual predatory crimes against children. It contains not only the theoretical aspects related to this issue, but also presents the related effective legislation, presents conclusions obtained from personal research and suggests possible partial changes. Sexual abuse of children in cyberspace in the form of cyber grooming is becoming a more current social issue every day. With the development of the Internet and social networks and the frequency of their use is growing at an uncontrolled rate by the day. Its effects can be severe for child's present and future life. It should therefore be given sufficient attention, both by the existing legal regulations and the tools available to detect and investigate it, and by the children themselves and their parents. In view of the social harmfulness of cyber grooming, there was a need to regulate this problem within the European Union. As a result, the criminal offence of making unlawful contact with a child was introduced into the Criminal Code with effect from 1 August 2014, with the aim of punishing the preparation of sexual offences, where the preparation is not in itself punishable. Even though many years have passed since its enactment,...
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The tactical methods of overcoming the false testimony
Kreidlová, Tereza ; Krupička, Jiří (advisor) ; Šelleng, Dalibor (referee)
The tactical methods of overcoming the false testimony Abstract The topic of the thesis are tactical methods of overcoming a false testimony, meaning the approaches which can an interrogator use within interrogation to overcome a false motivation and gain a truthful statement from interrogated. In the first chapter the author focuses on the concept of interrogation as an interdisciplinary term in course of which knowledge from several scientific fields is applied, while stating for what reasons it is necessary to understand and approach interrogation in this way. The author mostly focuses on the problematic of interrogation from the view of criminalistics, analyzes the individual phases of an interrogation and their significance for detecting and overcoming a lie. The second chapter is dedicated to the very essence of lie and false testimony. Here, the author tries to define a false testimony and define which manifestations of lie in communication and behavior of a person are still acceptable today for determining if the person is giving a false or truthful testimony. Conclusion of this chapter also outlines the most common reasons which motivate the interrogated people to give false testimony. The following is the chapter which in its introduction focuses on the general tactical methods and their role in...
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Peculiarities of child interrogation
Bažantová, Michaela ; Krupička, Jiří (advisor) ; Dvořák, Marek (referee)
1 Summary This thesis focuses on the description of specific elements occurring during the interrogation of children. The interrogation of children differs from the interrogation of adults and has its own rules due to the incomplete development of children and their psychological specifics. The entire thesis is divided into four chapters, which are further subdivided into individual subsections. The information used in this thesis were drawn from specialized literature, specialized articles, case law and legal regulations, various internet sources and finally also from materials provided by the Police of the Czech Republic and personal experiences of the Police Inspector. The aim of this work is a general summary of the available knowledge on the topic of the peculiarities of children interrogation and at the end of this work, there is an attempt to find and describe the theoretical knowledge discussed in the thesis in the ongoing practice of child interrogation from the provided protocols. The introductory chapter of the thesis is devoted to the explanation of the basic concepts that are key to the thesis. These concepts include the multidimensional concept of interrogation, which is described as it is viewed by various scientific disciplines, and the concept of a child in the Czech legal system, the...
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Development and other perspectives of drug offences
Lucký, Matyáš Teodor ; Krupička, Jiří (referee)
Development and other perspectives of drug offences Summary The subject of this thesis is the criminal law governing the manipulation of psychoactive substances or so-called drug offenses. For the purposes of the thesis the term psychoactive substances is equal to the term narcotic drugs and psychotropic substances as used in Act 40/2009 Coll., Criminal Code. Special attention is then paid to the real impact of this regulation in the area of drug related issues. The first chapter maps the development of laws governing psychoactive substances from antiquity to present day while observing the repetitive trends in the historical legal approach. The attention is also paid to the modern development in this area in the international field, with particular focus the most important conventions signed during the twentieth century and the gradually increasing role of the European Union. The changes in the legal treatment of drug offenses on Czech territory are then described in more detail, the current Czech legislation being one of the main focuses of the thesis. The individual drug offenses contained in Sections 283 to 287 of Act No. 40/2009 Coll., Criminal Code, are discussed in further detail also taking into account the relevant case law and any problems encountered in their practical application. Due to the...
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Forensic ballistics
Valter, Miroslav ; Krupička, Jiří (advisor) ; Dvořák, Marek (referee)
Forensic ballistics Abstract The topic of this thesis is forensic ballistics, a technical forensic method, examining firearms, ammunition and other conditions of committing a crime using a firearms for criminalistic purposes. This thesis focuses on placing forensic ballistics in the general context of criminalistics, criminal law and international aspects. For this purpose is this thesis divided into three main parts. The first part deals with forensic ballistics as one of technical forensic methods. Attention will be paid to the definition of forensic ballistics, placing forensic ballistics into the system of criminalistics and areas of forensic ballistics. Particular objects of forensic ballistic examination, especially specific tangible and intangible assets examined by forensic ballistics, will be presented. According to objects of forensic ballistic examination will also be presented the issue of ballistic traces. Particular sections of forensic ballistic examination will be defined at the end of the first part. The second part is focused on procedural aspects of forensic ballistics, especially its connection with other forensic sciences and methods of criminalistics and criminal procedural law. The main idea of this part is to connect forensic ballistics as a forensic science with forensic expertise...
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Tactical methods of overcoming false testimony
Pešičková, Martina ; Krupička, Jiří (advisor) ; Dvořák, Marek (referee)
Tactical methods of overcoming false testimony Abstract The topic of this diploma thesis is tactical methods of overcoming false testimony. This diploma thesis aims to map and analyze selected criminal-tactical procedures used to overcome false testimony, as well as some other methods of overcoming false testimony, whether permitted or not, and to define the mechanism of their operation, especially with regard to their use in the Czech Republic. The diploma thesis concludes with a discussion of a specific and controversial tactical procedure used to overcome false testimony, which is the lie detector. The diploma thesis is organized into four chapters and their subchapters. The first chapter deals with basic terminology and its definition. It defines the concept of interrogation and testimony, false testimony including the manifestations on the basis of which a lie can be detected in a testimony, the concept of credibility and truthfulness, as well as the different types of interrogation according to the classification criteria of complete and credible testimony. The main topic of the diploma thesis is contained in the second chapter. This chapter defines the mechanism of operation and the essence of the basic tactical interrogation procedure as well as the partial tactical interrogation procedure used to...
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Alternative punishments
Smolová, Veronika ; Krupička, Jiří (advisor) ; Bohuslav, Lukáš (referee)
Alternative punishments Abstract This careful study is devoted to the issue of imposing alternative punishments in the Czech criminal justice system, in particular the imposition of house arrest. The aim of this work is to analyze the imposition of proposed alternative punishments in the Czech Republic and also to describe the current state punishment system. When examining the sentence of house arrest, I focus mainly on the performance of its control (electronic monitoring). The work is divided into six separate chapters. The first chapter is a theoretical introduction to the given issue and in it I discuss the definition of punishment, its purpose, systematics and principles of its imposition. The second chapter analyzes the starting points of alternative punishment and the principle functions of restorative justice, probation and mediation. In the third chapter, I focus on the development of regulation in legal punishment in the Czech Republic, especially with regard to alternative punishments. I mainly analyze the legislation since the adoption of the Criminal Code of 2009, including subsequent amendments. In the fourth chapter, I pay attention to the statistical development of imposed sentences in the Czech Republic. I present the statistics of all persons sentenced to house arrest and other...
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Criminal liability of legal entities in health care with special focus on health care providers
Konečný, Pavel ; Bohuslav, Lukáš (advisor) ; Krupička, Jiří (referee)
Příloha k rigorózní práci "Abstract" Title of the theses: Criminal liability of legal entities in health care with special focus on health care providers Author: Mgr. Pavel Konečný, LL.M. Topic: Criminal law Abstract The rigorous thesis deals with the criminal liability of legal entities in health care with special focus on health care providers. The researched topic is actual mainly due to the fact that Act No. 183/2016 Coll. has had a serious impact on health care providers in terms of their criminal liability. It is health care providers, especially hospitals that are undoubtedly the legal entities to which these crimes will be most often attributed, precisely with regard to the subject of their activity. Conceptually, the thesis is divided into 8 chapters, including the introduction and conclusion. At the beginning the thesis deals with a general introduction and legislative development. This is followed by a chapter dealing with international documents amending criminal liability of legal persons. This chapter is followed by a chapter on the position of the health care entity of a legal entity as a perpetrator of a criminal offense with a separate subchapter focused on Emergency Medical Services. Hereafter, the thesis deals with the imputability of a crime to a legal person in general and the...
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