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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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Property Criminality and its Prevention
Rytina, Marek ; Zoubková, Ivana (advisor) ; Marešová, Alena (referee)
Property criminality and its prevention Bicycle theft in the context of general property criminality Abstract Property criminality is a very serious social pathological phenomenon. In the long run, it accounts for the largest share of total crime by far. Property offenses are the most numerous and also represent the largest amount of police work. Bicycle theft is a common property offense. This diploma thesis deals with both of these phenomena, considering the thefts of bicycles in the context of general property crime. Both phenomena are defined and evaluated in terms of statistical indicators. Here it mainly examines the state and dynamics of both phenomena. In the area of bicycle theft, there are additionally evaluated other statistical data such as theft detection, data on prosecuted persons and the proportion of repeat offenders in committing this type of offense. Subsequently, the causes of property crime are investigated and the causes of bicycle theft are evaluated. The socio-historical context is outlined and then the motives of the perpetrators to commit property offenses and specifically theft of bicycles are analyzed. Much of this thesis is aimed to criminal prevention. Firstly, the thesis describes the theoretical bases, which divide crime prevention in terms of content into social, situational...
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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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Property ciriminality and its prevention
Štěpánová, Petra ; Zoubková, Ivana (advisor) ; Tlapák Navrátilová, Jana (referee)
The topic of this thesis is property criminality and its prevention, the most essential part of the general criminality, which is still actual and often discussed thema. The work is divided into two main parts, the theoretical part and the special part. The theoretical part at first defines the term of property criminality from the perspective of the criminal law and the criminology, then it analyse the phenomenology of the property criminality, its offenders and the issue of the punishments. In the end of this chapter is in outline described the possible next course of the property criminality in the next three years on the basis of using the technique called time series analysis. Subsequently the work dedicates to the causes of the property criminality and its control with the emphasis on the crime prevention. The work detailed deals with the situational crime prevention, which plays very important role of the property crime prevention. Then is also introduced one of the new criminological theories occupied of the environmental criminology and the possibilities of its practical utilization by taking preventive measures. In the last chapter of the theoretical part is described the german criminal law legislation of the property criminality and its phenomenology, which is compared to the...
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The crime of theft under s. 205 of the Criminal Code
Šušák, Michal ; Říha, Jiří (advisor) ; Vanduchová, Marie (referee)
The purpose of this thesis is to analyze the offence of theft, as the typical representative of all the offences against property. The reason for my research is to offer a comprehensive view to this difficult issue. My study is composed of four main chapters, each of them dealing with different aspects of the topic. Chapter one is introductory and defines basic goals and a content of the text. This chapter also includes some considerations about the theft and about the thesis itself. Chapter two attempts to illustrate a historical introduction of the topic. It is subdivided into three main parts. The first part describes the oldest references about a theft in the history, the second part analyzes a development in the roman law and the third part is about the notion of the theft as it went through changes throughout Czech law history. Chapter three examines relevant Czech legislation. It is subdivided in four main parts. There are the nature of the offences against property and the legal formulations of offence of theft in current Act No. 40/2009 and in previous Act No. 140/1961 introduced in the first and second part of this chapter. The third part focuses on problems which followed the coming into force of the current law, such as complications caused by a new formulation of the theft and its consequences,...
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Crime of theft under s. 205 of the Criminal code
Žídek, Ivo ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The crime of theft under s. 205 of the Criminal Code Theft is a traditional offence against a property and it is the most frequent offence in Czech Republic. A statistic of the thefts committed in 2011 compared to the other offences against a property is attached to this dissertation work. Every criminal offence in Czech Criminal law must be established by a statute. Theft is regulated in section 205 of the Criminal Code. Theft is unique for its duality of body of an offence. Subsection 1 regulates the basic form of the theft, whilst subsection 2 regulates recidivism. The following subsections 3-5 deal with circumstances in which more severe sanctions might be applied. The basic element of theft is wrongfulness. Only a wrongful act might be regarded as a crime. The wrongfulness might be presumed from various statutes and branches of law other than Criminal law (e.g. Civil law, Constitutional law). The other element of a theft is its body of an offence. It consists of an object, objective side, subject and subjective side. The object of the theft is value against which the offender's action is aimed. Theft's object is proprietary right of an owner. Objective side generally consists of a conduct, result and causality. The objective side of the theft according to subsection 1 is "appropriation of thing...
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The methodology for investigation of theft (criminal and forensic issues)
Hanousek, Václav ; Musil, Jan (advisor) ; Herczeg, Jiří (referee)
The work deals with the most common crime in the Czech Republic - theft, with a special focus on burglary. The emphasis is put on a detailed definition of the criminal offense of the theft by the currently valid legislation while outlining the previously valid legal regulations. From the criminalistic perspective, the work focuses on the classification of individual types of theft, theft offenders, victims of the theft, the most common evidence arising from burglaries and investigative capacity in explaining the theft, with an emphasis on the crime scene investigation and an interrogation of the accused. The rigorous work is also complemented by a part containing information on prevention of theft, practical examples and data from police statistics and victim surveys.
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Offence proceedings in matters of property
Barthellová, Gabriela ; Cvik, Eva Daniela (advisor) ; Civínová, Denisa (referee)
The bachelors thesis is concerned with the problems of offence proceedings in matters of property. The theoretical part comprises an analysis of the current applicable legislation including definitions of the most important terms of the Misdemeanour Act. The first part of the thesis includes comparison of elements of property criminal acts and property offences while taking into account the amendment to the Misdemeanour Act which entered into partial effect during the drawing up of this thesis. The practical part of the thesis describes the most common forms of offence proceedings used in practice and subsequently analyses the property offences committed in 2012 until 2014 within the competence of the Municipal Authority of Cheb. Based on her practical experience, the author describes practical problems that can be encountered when dealing with property offences. In conclusion, the thesis evaluates the results of data analysis and comparison based on the obtained statistical data and proposes changes in the legislation as a result of which property offences would be addressed in a more effective and economical manner.
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Female criminality in Tábor during 16th and 17th century
ŠULÁKOVÁ, Eva
The submitted Bachelor thesis deals with female criminality in Tábor during 16th and 17th century where the time range is narrowed between years 1523 and 1609. It briefly summarizes legal standards of the early modern period emphasising the city law. Also, other crimes which were noted in the black book of Tábor are characterised in this work. The punishments meted out to guilty women by aldermen of Tábor are compared with the contemporary law standards represented by Pavel Kristián z Koldína's code of law. The findings from the black book of Tábor are further compared with another black books from the period and even the stories of particular women are not missing.
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