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A History of Criminal Law in the Czech Lands in 1848-1989
Jablonický, Tomáš ; Kuklík, Jan (referee)
1 Summary Dissertation builds an objective, transparent, systematic and yet concise interpretation of the history of criminal law in the Czech lands in 1848-1989. The aim of this work is, however, not only to chronologically present the most important criminal codes, but also to tell a parallel story of criminal law science and criminology, which to a bigger or lesser degree substantially influenced the development of criminal law and criminal legislation. Therefore, this work also includes biographical and bibliographical profiles of leading Czech educators, criminal law scientists and criminologists - the founders and pioneers of Czech and Czechoslovak criminal law science, whose lives have been closely linked with the complicated socio-political events of the given historical period. History of criminal law shows a strong interconnection of criminal law and policy, which consequently causes the criminal law without proper criminal law science and criminology to be the most politically affected branch of law. For this dissertation is symptomatic the search for critical causes and factors that lead to progress or, on the contrary, to the decline of criminal law. In such moments, the criminal law science and criminology emerge again, naturally and clearly, from a scientific analysis of historical events of...
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The protection of the Republic Act from 1923 and the press legislation
Červený, Ondřej ; Adamová, Karolina (advisor) ; Soukup, Ladislav (referee)
in English In my diploma paper I am dealing with Protection of the Republic Act from 1923. When and also under what conditions this act was coming up . The next chapter is about the law as a whole and then in more details I analyse the most important enactments. After that follow analysis of updatings of this act and the next chapter is about the application of the code in the judicial practice. The second part of the thesis deals with the press legislation of the Czechoslovakian Republic and with fields of the press law. The last chapter finally analyzes press offenses contained in the Protection of the Republic Act.
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The crime of theft according to section 205 of Czech Criminal Code
Halašta, Martin ; Bohuslav, Lukáš (advisor) ; Gřivna, Tomáš (referee)
The crime of theft according to section 205 of Czech Criminal Code This diploma thesis focuses on crime of theft according to section 205 of the Act No. 40/2009 Coll. Criminal code. Crime of theft is the most committed crime out of them all. It is therefore possible to think that one of the causes of such a high frequency may be its inadequate regulation in the Criminal Code. For this reason, the aim of thesis was to describe and evaluate its development and propose possible changes. Thesis also includes a comparison with the foreign regulation and extensive work with the judicial case law, which significantly contributed to the completion of the individual qualified crime elements Thesis is divided into five chapters and many subchapters. The introductory chapter is devoted to the inclusion of theft into the system of property crimes. In the following section are mentioned earlier opinions on the protection of property as such and how ownership is protected today. The second chapter describes, evaluates and compares the historical development of the legal regulation of the theft with the current regulation, especially in the Czech territory. This chapter discusses how different the perception of the property protection was and over the period has been. Also, next part in this chapter is devoted to...
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A History of Criminal Law in the Czech Lands in 1848-1989
Jablonický, Tomáš ; Kuklík, Jan (referee)
1 Summary Dissertation builds an objective, transparent, systematic and yet concise interpretation of the history of criminal law in the Czech lands in 1848-1989. The aim of this work is, however, not only to chronologically present the most important criminal codes, but also to tell a parallel story of criminal law science and criminology, which to a bigger or lesser degree substantially influenced the development of criminal law and criminal legislation. Therefore, this work also includes biographical and bibliographical profiles of leading Czech educators, criminal law scientists and criminologists - the founders and pioneers of Czech and Czechoslovak criminal law science, whose lives have been closely linked with the complicated socio-political events of the given historical period. History of criminal law shows a strong interconnection of criminal law and policy, which consequently causes the criminal law without proper criminal law science and criminology to be the most politically affected branch of law. For this dissertation is symptomatic the search for critical causes and factors that lead to progress or, on the contrary, to the decline of criminal law. In such moments, the criminal law science and criminology emerge again, naturally and clearly, from a scientific analysis of historical events of...
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Crimes related to the abuse of addictive substances
Faltus, Jan ; Říha, Jiří (advisor) ; Krupička, Jiří (referee)
Crimes related to the abuse of addictive substances Abstract The diploma thesis deals with the drug crimes and it is split into four chapters. In the first chapter author describes the addictive substances from the historical point of view. Firstly from the general historical point of view and secondly from the law historical point of view. The author also uses the ineffective laws that regulated the addictive substances from the nineteenth century and recent laws, which regulate the addictive substances. In the second chapter there are described the most common addictive substances which the application praxis mostly struggles with. Author describes those addictive with the focus on their influence on the human organism and the possibility ty consider how they influence the controlling and the recognizing abilities. The third chapter is the most extensive and it focuses on the crimes related to the abuse of addictive substances from the point of view of the substantive law. In this chapter, there are described facts of the drug crimes. Namely handling with narcotic and psychotropic substances and poisons according to § 283 TZ, possession of narcotic and psychotropic substance according to § 284 TZ, unauthorized cultivation of plants containing the narcotic o psychotropic substance according to § 285 TZ,...
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Securing instruments and investigative means in relation to attorney's duty of confidentiality
Turnhöfer, Michal ; Říha, Jiří (advisor) ; Bohuslav, Lukáš (referee)
The present thesis addresses the issue of obtaining and gathering information in criminal proceedings which is subject to attorney-client privilege, and its subsequent use in criminal proceedings. The issue is rather complex, as de lege lata there is no comprehensive legal regulation addressing it in a satisfactory manner. The objective of the thesis is to find legally correct and fair solutions in respect of the protection of the attorney-client privilege, on the one hand, and the societal need to obtain and gather evidence effectively for the purposes of criminal proceedings, on the other hand. The thesis provides a general description of the attorney-client privilege and legal assistance, on which the attorney-client privilege is based, and it also contains specific application problems encountered in connection with the use of means of obtaining evidence and gathering criminal intelligence pursuant to the Criminal Procedure Code. Such application problems are dealt with using methods of analysis, synthesis, analogy, comparison, with the results being generalized. Last but not least, the thesis provides an outline and comparison of the relation between the attorney-client privilege and other professional privileges, focussing on the options of obtaining different types of information. The author...
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Abortion and Euthanasia according to the Criminal Law
ŠTINDLOVÁ, Štěpánka
The topic of this bachelor work is an abortion and euthanasia according to the criminal law. To the issue of abortion and euthanasia is currently devoted increasing attention and we can assume, that it will continue in the future. This topic is discussed not only by professional, but also the general public. The reasons of discussion are various, it dominate recent media reports that discussion largely encouraging. This is very interesting, difficult and contradictory issue, which is connected to many social disciplines. We can view this topic from the medical, legal, psychological, religious and ethical perspective. The objective of this work is to explain the principle of abortion and euthanasia in conjunction with basics of protecting human life, which are based on the provisions of the Charter of Fundamental Rights and Freedoms. Special attention is devoted to their position in the Czech legal system, especially in criminal law. Bachelor work is divided into two main chapters, the first of them is devoted to abortion and second to euthanasia. The introductory part of each of these chapters is aimed to provide the necessary information about the terminology. Also I deal with its historical progression and the position in selected European and non-European countries. The issue of abortion in our country governs the Czech National Council Act no. 66/1986 Coll., about abortion and the Ministry of Health Decree no. 75/1986 Coll., implementing the Czech National Council Act no. 66/1986 Coll., about abortion. Abortion is possible only in cases set by the legislation; its breach may have criminal consequences. Euthanasia is illegal in terms of the Czech law and the punishment for this crime is regulated by Act no. 40/2009 Coll., The Criminal Code. Each country solves the problem of abortion and euthanasia in different ways, the result is generally the criminal legislation, which is often very different.
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The Crime of Theft under s. 205 of the Criminal Code
Vrzalová, Jana ; Bohuslav, Lukáš (advisor) ; Gřivna, Tomáš (referee)
This thesis deals with an offence of Theft under s. 205 of the Act No. 140/2008 Coll. Criminal Code. The purpose of this thesis is to analyse the offence of Theft as the most often offence in the Czech Republic common the current legislation de lege lata. It also outlines the proposal for possible amendments de lege ferenda and draws attention to problematic provisions of effective legislation. This study is divided into five main chapters; each of them consists of separate subchapters. The introductory part defines the basic legal institutes related to the Theft and the institutes of other law-related fields dealing with property protection. Chapter two is the main part of this thesis which includes the analysis of the current legislation firstly in general terms and then specifically only in relation to the crime of Theft. There are obligatory and facultative the characteristics of the merits of a criminal offence, ie the object, actus rea, the subject and the mens rea. Further the chapter deals with the second paragraph of the crime of Theft which establishes the second merits of a Theft, namely the punishment of the recidivism. The conclusion of this section deals with particularly aggravating circumstances. The following chapter illustrates similar criminal offences that have several common...
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Punishment of disqualification and its control
Dudová, Michaela ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
The topic of the diploma thesis is the punishment of the disqualification and its control. The main goal is to analyze the legislation of the punishment in Czech criminal law and its difficulties, describe control of the execution of the punishment and suggest possibilities of improvement of the regulation in this field. The diploma thesis is composed of eleven chapters and firstly focuses on the issue of the punishment of the disqualification and its purpose in general. Third chapter deals with historical development of the punishment, subsequently its legislation in Czech criminal law, including the legislation of the conditions of imposition of the punishment, especially condition of the connection between the crime and banned activity, and the measurement of the punishment. The fifth chapter summarizes decision-making practice of the Czech court since the criminal code no. 40/2009 Sb. came into force, and it is explained especially through statistics. Particular attention is paid to the punishment of the disqualification which lies in the prohibition of driving of motor vehicles, and to the institutes similar to the punishment of the disqualification in Czech criminal law, especially focused on adequate restrictions and adequate obligations with an emphasis on adequate restriction prohibiting...
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