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Plea bargaining
Kolář, Ondřej ; Mulák, Jiří (advisor) ; Pelc, Vladimír (referee)
Plea bargaining Abstract This thesis deals with plea bargain in Czech legal system. Primary goal of this thesis is to analyse plea bargain in the Czech Republic de lege lata and to evaluate potential possibilities de lege ferenda. This thesis examines current problems of plea bargain as a legal instrument and it also evaluates in detail practical application of plea bargaining in Czech criminal procedure. Particural attention is dedicated to Act no. 333/2020 Coll., which significantly widened the use of plea bargain to felonies, abolished compulsory defence and also established possibility of negotiation plea bargain in court hearing. Act no. 333/2020 Coll., also implemented entirely new legal instrument called Declaration of guilt, which is closely related to the plea bargain. Secondary goal of this thesis can be seen in analysis of European Court's of Human Rights judicature related to the issues of right to due process regarding plea bargain. This thesis consists of five chapters, which divide more minutely further. The first chapter defines the term "diversion" since significant part of professional public considers plea bargain a diversion. History of plea bargaining is described in the second chapter and also technical classification of plea bargain is examined in detail. The third chapter consists of...
Criminological aspects of domestic violence and their impact on the victim
Bartáková, Veronika ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Criminological aspects of domestic violence and their impact on the victim Abstract This thesis provides the reader with an insight into the issue of domestic violence and its current forms. Currently, this phenomenon is receiving more and more attention, both from politicians and from non-profit organizations existing to provide assistance to victims. In the light of the above, the aim of this paper was to describe this phenomenon in terms of its impact on victims of domestic violence and the possibilities of using de lege lata to protect them, and then to offer possible solutions to some of the problems with a focus on the future, i.e. de lege ferenda. In its introductory chapters, the thesis provides a comprehensive description of the course of domestic violence and what forms it can take. It then focuses on describing the victims, among whom it lists mainly women, but also men, children and the elderly. It then shifts its attention to the typology of perpetrators and various criminological theories regarding their psychology and character. The criminological section is followed by a section on legal protection options. First of all, the thesis enumerates the instruments that exist and are frequently used in the Czech legal system. However, it also points out some institutes that are not used at all,...
Criminal proceedings against legal persons
Gebauer, Jan ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
1 Abstract The thesis deals with selected procedural issues of criminal proceedings against legal persons, especially those procedural institutes that are controversial in theory or application. The aim of this thesis is to point out and analyse these procedural shortcomings, which stem not only from the strict legal regulation of Act No. 418/2011 Coll., on criminal liability of legal persons and proceedings against them. To this end, the legal regulation is evaluated and the author bases his interpretation on the opinions of the professional public. To achieve this goal, the method of description, analysis, including linguistic interpretation is used. This thesis is divided into 4 parts in which the author elaborates on the procedural aspects of criminal proceedings against legal persons. The introductory part describes the basic concepts that are necessary to grasp the procedural issues and without which the interpretation would not be complete. The second part is devoted initially to the substantive law institute of "evolving from criminal liability" of a legal person, which, however, has an overlap into the procedural law context and thus deals in detail with the problem of shifting the burden of proof to a legal person, and in its conclusion states that it cannot be accepted in criminal proceedings...
Crime Reporting and its Significance in Criminology
Urxová, Dominika ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Crime Reporting and its Criminological Significance Abstract The subject of this thesis is the interdisciplinary issue of crime reporting and related latent criminality, especially from the criminological, victimological and criminal-positive perspective. The diploma thesis is divided into four parts that as a whole are intended to answer the question whether the Czech legislation is sufficiently effective in contributing to the achievement of low figures of latent criminality. The first part is devoted to the definition of the key concepts of this thesis and the question of what are the most common factors determining the decision of certain persons to report a crime to law enforcement authorities. The answers to this question are then provided mainly by the examination of the fields of criminology and victimology. In the second part I examine in detail the criminal law regulation of the institution of crime reporting. This part contains chapters on the procedure prior to the initiation of a criminal prosecution, the filing of a criminal complaint itself and its significance, and the actions of law enforcement authorities related to the filing of a criminal complaint. In this part I also deal with the issue of the general and special obligation to report, the institutes of the Criminal Procedure Code...
Current issues of money laundering
Krulcová, Aneta ; Krupička, Jiří (advisor) ; Pelc, Vladimír (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...
The title of the thesis: Crime of murder and manslaughter under section 140, 141 of the criminal code
Masná, Kateřina ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
7 Abstract The title of the thesis: Crime of murder and manslaughter under section 140, 141 of the criminal code Abstract: This thesis focuses on the most serious crimes against human life, namely the crimes of murder and manslaughter under sections 140 and 141 of Act No. 40/2009 Coll., The Criminal Code. The aim of this work is to describe both of these crimes in detail, to explain the importance of punishing these crimes, to explain the reason for introducing the crime of manslaughter in our legal system, its significance, and how it differs from murder and makes it a privileged crime to the crime of murder. The purpose of this work is also, among other things, to describe the procedure of criminal investigators in the investigation of these crimes and the methodology of the investigation of intentional crimes against life. In the first part of this thesis I deal with the historical development of the legal regulation of intentional killings in our territory, starting from ancient Rome and ending in 2009, when the current Criminal Code was issued. I focus on the most important legislation that has been issued throughout history and how it regulated intentional killings. The second part copes with the crime of murder, which first outlines a general introduction to this crime, then I describe the nature of...
Interrogation in Criminal Proceedings
Jurová, Zuzana ; Šelleng, Dalibor (advisor) ; Pelc, Vladimír (referee)
Interrogation in Criminal Proceedings Abstract This thesis focuses on interrogation in criminal proceedings, as it is one of the most often used procedures in investigation of crimes. The first chapter addresses interrogation in the context of the current legislation, i.e. how is this procedure regulated at the statutory level. In relation to the person against whom the proceedings are being conducted, it deals with the right to a formal defence, and then with the right to a material defence and its various aspects. In relation to the witness, the thesis addresses the right of the witness to be represented, the right to refuse to testify and the specifics of interrogation of certain witnesses, including a confidential witness. The second chapter addresses interrogation as a discipline of forensic science, describing how the actual interrogation is conducted in all its phases, i.e. the phase of preparation, the actual interrogation and the subsequent documentation of the interrogation. The author has not forgotten to address the specifics of conducting interrogation by means of videoconference, including quantitative research on the frequency of its use by selected courts in the Czech Republic, as well as qualitative research in the form of individual interviews with attorneys practicing criminal law on the...
The issues of juvenile criminal justice
Raška, Vojtěch ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
The issues of juvenile criminal justice The topic of this diploma thesis is the issues of juvenile criminal justice. Under the term juvenile criminal justice we mean special legislation of mixed (substantial as well as procedural) character, which applies to criminal responsibility, sanctioning and criminal proceedings of offenders under 18 (usually from 15, exceptionally erlier in the cases of otherwise criminal acts commited by children under 15). In this thesis I set a goal to analyze the current legislation of this issue, point out legal provisions which are questionable in theory and application, as well as offer possible changes from de lege ferenda point of view, firstly by thorough analysis of literature and secondly by analyzing not yet published judicial decisions of Municipal Court of Prague, statistics of Police of the Czech Republic and other sources reflecting current trends and professional practice. The presented thesis is divided into four main parts, that are logically connected to each other and allow the reader to come through the researched issue gradually. I proceed from general theoretical explanations throught analysis of contemporary legislation and its issues to analysis of current judicial decisions. Basic terms, particularly juvenile, child, age close to minority, are...
Rape in a comparative perspective with a focus on affirmative consent
Mrázková, Barbora ; Mulák, Jiří (advisor) ; Pelc, Vladimír (referee)
Rape in a comparative perspective with a focus on affirmative consent Abstract Rape is considered as one of the worst crimes that can be committed against another person, mainly because of the extreme interference in their intimate area. Changes in the perception of this crime can be seen in recent years both in the Czech Republic and throughout Europe. A large number of states abandoned definition of rape based on coercion and now focuse on the lack of consent of the victim. In the Czech Republic, the model based on the coercion still persists, although the Supreme Court's decisions is slowly approaching those states that have redefined this crime. These days, government and parliamentary bodies are holding seminars to discuss the need for new legislation. This thesis mainly focuses on the crime of rape from a criminal law perspective. It deals with the definition of this crime and the definition of consent in states that consider rape as sexual intercourse without the victim's consent. Based on the findings, it offers de lege ferenda considerations relating to the possible redefinition of rape in the Czech legal system, taking into account the current decisions of the Supreme Court. Its main aim is therefore to take a comprehensive view of the concept of affirmative consent and to provide a draft bill....
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...

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See also: similar author names
3 PELC, Vít
3 Pelc, Vojtěch
3 Pelc, Vít
1 Pelc, Vítězslav
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