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Latent Criminality
Tajovská, Martina ; Kopečný, Zdeněk (advisor) ; Galovcová, Ingrid (referee)
The thesis deals with latent criminality as a dynamic criminality phenomenon. The first chapter is dedicated to the scientific discipline of criminology, which examines criminality as a whole, criminality itself and terms which define criminality, such as scope, level, structure and dynamic. The second chapter deals directly with latent criminality. It lists all that is included in latent criminality and its relation to registered criminality. The chapter describes the possible causes and brings closer all the methods for examining it. The most common of those are victimization method and self-reporting investigation. One of the main causes of crime latency is the victim's failure to report. The third chapter is therefore dedicated to crime victims. It lists the differences between a victim and an injured party and describes the relation between victim and perpetrator. This chapter also ties to the victim's consent with prosecution, which can be influenced by the aforementioned relation to the perpetrator. In the fourth chapter, criminality is divided into individual types. Apart from definitions of the different criminality types, such as property offences, violent, moral and economic criminality, the thesis here details the statistical indicators of these criminality types (number of crimes...
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Criminological Aspects of Corruption
Kornfeilová, Karolína ; Kopečný, Zdeněk (advisor) ; Galovcová, Ingrid (referee)
The Thesis on Criminological Aspects of Corruption is focused on the corruption with the aspects of criminology focused on criminal crimes related to corruption. It means, that the thesis analyses the corruption as social problem focusing on the criminological aspects of it. The thesis is split into the introduction, four synoptic chapters and conclusion and each of these chapters are focused on different aspect of adjustment of corruption. The first chapter analysis the term "corruption". Since there is no worldwide or national definition of corruption, which includes every character of it or corruption behavior, it is necessary to write up the different definitions of corruption from the point of view of international organizations, Czech legislator, state organizations, nongovernmental organizations or the experts across different disciplines. The terms as clientelism, lobbying, nepotism and conflict of interest are closely related to the term corruption (or they are confused with the corruption), and because of that it is necessary to analyze these terms, too. The second chapter is focused on legal framework of corruption on international level where it is regulated by UN or Council of Europe or nongovernmental organization as Transparency International, and also on national level. The third...
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Criminal aspects of corruption
Dvořáková, Tereza ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
Criminal Aspects of Corruption Corruption is currently a serious social problem which can be dealt with by means of criminal law, by virtue of the ultima ratio principle. This thesis deals with the issue of corruption from the perspective of substantive criminal law, especially with bribery offences included in the third part of Title X of the special part of the Czech Criminal Code. The introductory part is focused on general issues of corruption, including problematic aspects of the definition of this term and characterization of various forms of corruption. It also includes a subchapter that focuses on efforts to measure corruption and to compare the corruption situation in various countries. The main focus of this work then lies in the analysis of the current legislation of the offences of bribery. It is considered whether it allows effective sanctioning of bribery offenders, whether it acts as a suitable mean of deterring potential offenders, and whether it meets other general requirements, such as certainty of the offences. Attention is furthermore paid to the key notions of corruption offences, such as the notion of bribe or the general interest, and the interpretative problems associated with them. Subsequently, the individual crimes are analyzed, for which the conclusions expressed by...
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Criminal Aspects of Corruption in the Private Sector
Náhlovská, Lenka ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
This paper examines the criminal aspects of corruption in the private sector. Corruption in the private sector may be understood in a narrow sense as corruption committed in relation to business activities or it can be defined more broadly as all corrupt behaviour which is not related to public authorities and their activities. The aim of this paper is to analyse the legal framework of private sector corruption in the Czech Republic and to propose some useful changes in the Czech legislation which may lead to better prosecution and punishment of private sector corruption. The author provides a brief introduction into the topic in the first chapter of this paper. The second chapter firstly deals with the terminology connected with private sector corruption and corruption in general. The author then analyses the criminological aspects of private sector corruption and its negative consequences. She emphasizes the potential impact of private sector corruption on the economic situation of individuals and societies as well as national economies. The conclusion of the second chapter includes an analysis of international obligations of the Czech Republic regarding the punishment of private sector corruption (mainly obligations arising from the membership of the United Nations, the Council of Europe and the...
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Selected problems of corruption criminal offenses
Bednářová, Alexandra ; Říha, Jiří (advisor) ; Galovcová, Ingrid (referee)
Selected problems of corruption criminal offenses Abstract The rigorous thesis with the title "Selected problems of corruption offenses" analyzes bribery crimes as corruption criminal offenses with the focus on Accepting bribes (§ 333 of Criminal Code) Bribery (§ 332 CC) and Indirect bribery (§ 333 CC). The thesis includes apart from the legal analysis also other interdisciplinary perspectives such as criminology, sociology and economical approach, what brings about a more complete picture of this complex phenomenon. This presented analysis of bribery offenses is depicted within the context of its legislative developments, including its both International law and European law aspects and a brief legislative history on the sanctioning of bribery. The thesis also discusses the punishments of perpetrators of the corruption criminal offences including its developments. The thesis also contemplates other important relevant issues. In that respect the thesis presents a deeper insight into legal instruments such as the special provision for the temporary suspension of criminal prosecution (§ 159c CC) and the subsequent decision on the non-prosecution of the suspect (§ 159d CC), which serves as the alternative procedural instrument to the formerly effective intstrument of special pity. Further legal instrument that...
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Criminal liability of legal persons for corruption offences
Procházka, Tomáš ; Vokoun, Rudolf (advisor) ; Pelc, Vladimír (referee)
Thesis entitled "Criminal liability of legal persons for corruption offences" focuses on the criminal liability of legal person in relation to corruption offences in the Czech Republic and in other selected countries. Despite the fact that the Act on Criminal Liability of Legal Persons was enacted several years ago, it is still subjected to public discussions. The thesis is divided into four main chapters. First, introductory, chapter defines selected basic terms, e.g. criminal liability, legal persons, and provides a brief comprehensive overview of historic development with focus on main approaches to legislation. The chapter also analyzes the Czech legal rules on the criminal liability of legal persons and the sanctioning of legal persons in the enforcement practice. Second chapter focuses on the general context of corruption and on measures undertaken by the international organizations in order to support the fight against corruption. It also analyzes the Czech legislation on selected criminal offences that are connected with corruption and bribery. Third chapter describes legislation of other selected countries, e.g. USA and the United Kingdom, in order to compare it with the Czech legal rules. In addition, the thesis aims to illustrate results of OECD's stocktaking report on the criminal...
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Criminal aspects of the public procurement
Novák, Martin ; Šámal, Pavel (advisor) ; Gřivna, Tomáš (referee)
147 Summary: The subject of this work, as it follows from its title, is the issue of crimes committed in connection with public procurement. The author emphasizes that it is a problem more than actual. Crime in connection with the public procurement has significant economic and social impacts and is subject of a long-term criticism and constant interest of media. The aim of this work is to present the main features of this form of crime, not only through a detailed analysis of the applicable criminal regulations, but also, using practical experience and analysis of the current case-law of general courts, through identification of the most significant legal or forensic problems in detection and investigation of this type of crime. The work is divided into five parts, which are further divided into sub-chapters and sections. The first part is dedicated to a valid criminal regulation. It defines in detail the various constituent elements of the relevant offenses and the most important legal concepts. The criminal liability of legal persons is not omitted. The second part, though still focused on the criminal regulation, has been concentrating on the applicable regulations of the Public Procurement Act, rather than the Criminal Code, with focus on legal concepts contained in this Act that are also normative...
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Protection against corruption and bribery and their prevention
Kraus, Šimon ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
1 Summary The thesis deals with certain aspects of corruption and its prevention. It focuses mainly on whistleblowing as an instrument of corruption control. The thesis is structured into an introduction, three chapters and conclusion. The first chapter contains a general introduction to the corruption issue. With the aid of several historical examples of corruption cases in various social systems, I attempt to emphasize the complexity and ubiquity of this phenomenon. Further on, the chapter is concerned with clarifying the notion of corruption as well as other key concepts, such as bribery, lobbing etc. The second chapter provides an overview of Czech substantive anti-corruption criminal law with special focus on bribery offences incorporated in Sections 331 to 333 of the Czech Criminal Code. Two excursions are made within this chapter. The first covers the topic of gift acceptance by civil servants based on the new Czech Civil Service Act as well as the potentially corruptive effect of such practice, if allowed even to a limited extent. The second excursion discusses the fundamental differences between lobbing and the criminal offence of indirect bribery according to Section 333 of the Czech Criminal Code. This topic is highly relevant as these two concepts are frequently confused in practice, which is...
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Bribery and its topical problems
Janoušková, Nikola ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
Title: Bribery and its topical problems This diploma thesis is mainly focused on bribery, its topical problems and their possible solutions for the future. The text is divided into six chapters. The opening chapter deals with the definition of corruption which is a very extensive term. It also clarifies its relation to bribery which is essential for clarity and coherence of this thesis as these two terms are often interchanged. The second chapter focuses on demonstrating the severity of this criminality by pointing out selected criminological aspects of corruption, specifically the extent of corruption and the causes of corruption in general. The following chapter is dedicated to the legal regulations of bribery in the substantive criminal law. The attention is paid to fundamental terminology such as bribe, public official, the concept of general interest and elements of relevant criminal offences. The thesis would not be complete without a description of the procedural part. Therefore, the fourth chapter illustrates the actual problems of the Police, public prosecution system and court system and the need for the establishment of special departments dealing with corruption. The fifth chapter describes legal instruments that support successful detection and proving of bribery. It contains an...
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Criminal law application of corruption and bribery
Horník, Jan ; Novotný, Oto (advisor) ; Gřivna, Tomáš (referee) ; Karabec, Zdeněk (referee)
- 1 - Abstract of Jan Horník's dissertation "Criminal law application of corruption and bribery" This dissertation, as it follows from its title, deals with the issues of corruption and bribery, mainly from the perspective of criminal substantive law. The author emphasises the fact that corruption has been discussed as an adverse social phenomenon which has for a long time constituted an issue of not only national dimension, but has been the object of activities of numerous international or multinational organisations due to its diversity and wide spread. Since the media cover corruption-related cases on an almost-daily basis (and we will leave it to the reader whether or not to believe the saying that everyone is corruptible, what only matters is the amount of the bribe offered and the circumstances under which it is offered), the author of this dissertation decided to highlight and explain the aspects related to corruption, and in that context to analyse the applicable laws of the Czech Republic. The aim of this dissertation is to introduce the reader to the general principles of the law applicable to penalisation of corruption, particularly from the perspective of criminal substantive law, and also from the perspectives of criminology and international law. The dissertation offers a general introduction...
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