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Criminal acts in connection with insolvency proceedings
PROCHÁZKOVÁ, Jana
Criminal activity is mapped in this thesis, which subjects can commit in connection with insolvency proceedings. Czech Criminal Code No. 40/2009 Coll. lays down a total of six crimes, while the Swedish Criminal Code (Brottsbalk) has seven such crimes. The current legal regulation of bankruptcy offenses in the Czech Republic is analyzed in the theoretical part. In the practical part, the foreign legislation is analyzed and several proposals de lege ferenda are set on the basis of this analysis.
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The concept of a criminal offence in the Czech criminal Code
Pačesová, Anna ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
I Abstract This diploma thesis focuses on the matter of the concept of a criminal offence in the Czech Criminal Code, as one of the major issues within criminal liability. The year 2009 brought the new Czech Criminal Code and with it also a few changes. One of the most discussed ones was the transition from material or material- formal concept of a criminal offence to a formal concept of a criminal offence. Thanks to the simultaneous introduction of the principle of subsidiarity of criminal repression, as a substantive correction of criminal lawlessness, this formalized concept has become a more of a materialized formal concept. So suddenly, there are two corrections of criminal lawlessness, the substantive one, as mentioned, and also a procedural correction based on the facultative option of the prosecutor to terminate the prosecution for reasons of ineffectiveness. The opinions on the matter of the necessity of both of the corrections in Czech criminal law differs among criminal law experts. That is also why I presented them in contrast and evaluate them at the end of the thesis. This thesis strives to describe and summarize the problem of the concept of crime to be as comprehensive as possible, so it is divided into four main parts, which are logically connected to each other and each of them is divided...
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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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The Phenomenon of Prostitution as a Social Pathological Phenomena and Possibilities of Its Regulation de Lege Ferenda
WILLFURTHOVÁ, Nikola
The aim of the submitted bachelor thesis with the following title ´ The Phenomenon of Prostitution as a Social-Pathological Phenomenon and Possibilities of Its Regulation de Lege Ferenda´ is to analyze and compare the Czech legal adjustment dealing with prostitution with neighbouring states. Another aim is to determine the opinions of students dealing with social subjects at the Faculty of Health and Social Sciences of the University of South Bohemia in České Budějovice, and students at the School of Nursing and Vocational Nursing School in České Budějovice on the issue of prostitution, its regulation, and identify the differences. The bachelor thesis is divided into a theoretical and a research part. First, the theoretical part defines prostitution, the historical development of prostitution, and division of prostitution. Further, the theoretical part defines regulation, and it lists three main political approaches to solving prostitution. The conclusion of the theoretical part presents the current situation of prostitution in the Czech Republic. Specifically, what the development of prostitution legislation was, and what suggestions to regulate prostitution were presented. Then, the current prostitution legislation was defined. Research part is divided into two parts. In the first part, a qualitative strategy was used to collect data. Data collection method was done via content and comparative analysis in the first part. Laws, decrees, governmental regulations, and other legal norms of individual chosen states make up a data source within the first part. Further, expert collection, magazine and book data, and publications by organizations dealing with prostitution in individual chosen states, made up the sources. V1: What approach is applied within legal solutions to prostitution in neighbouring countries? V2: What approaches do students of social subjects at the Faculty of Health and Social Sciences of the University of South Bohemia in České Budějovice, and students at the School of Nursing and Vocational Nursing School in České Budějovice take towards prostitution regulation? H1: Students of social subjects at the above-mentioned schools statistically differ significantly in their preferences to the state´s approach to sex business. The qualitative research has proven that Eastern neighbouring countries have the same, abolitional approach, as we do. On the contrary, western countries have a different and a progressive approach within legal solution of prostitution. Quantitative research has proven that there is no statistically significant difference in the preferred approach of state towards sex business among the students of the above-mentioned schools.
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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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Punishment of disqualification and its control
Váchová, Lucie ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
This thesis focuses on the punishment of disqualification, as well as on its execution, control and related institutes. The main objective of the thesis defined in the Introduction is making a comprehensive summary of the issue with a focus on decision- making practice of the Czech courts. The text itself is divided into eleven chapters, some of which are divided into subchapters. In the Conclusion, the results of my thesis are summarized and evaluated. Besides that the thesis includes Content, Index of Abbreviations and Bibliography. The first chapter deals with general term of the punishment and it is divided into four parts. The first subchapter summarizes the concept of a punishment; the second one explains the nature of the punishment of disqualification. The third subchapter analyses the purpose of a punishment. The fourth subchapter focuses on the purpose of the punishment of disqualification. The second chapter explicates the status of the punishment of disqualification in the Czech penal system of penalties. The third chapter covers the topic of alternative punishments and it is divided into three subchapters. The first subchapter describes the concept of alternative punishments in its general sense, the second one summarizes their causes and the third subchapter shows disqualification as...
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The crime of robbery under s. 173 of the Criminal Code
Sváčková, Barbora ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The topic of this diploma thesis is a crime of robbery which is an offence under title two of chapter one of the special part of the Criminal Code as a crime against liberty (section 173 of Act No. 40/2009 Coll). Despite being one of the oldest delicts on our territory, its high severity and frequency in application render this topic particularly relevant. Not only does this thesis focus on the crime of robbery itself, as defined in section 173 of the Criminal Code, but it also addresses other legal provisions of the Criminal Code which are related to this topic. All compulsory elements of the facts of the criminal offence of robbery are scrutinized in detail - its object, objective side, perpetrator and subjective side. This thesis does not only analyze the basic form of robbery defined in subsection 1 of section 173 of the Criminal Code, but also the circumstances in which more severe penalties might be applied, as defined in other subsections of this section. Furthermore, the development stages of robbery and the participation in this crime are described and a comparison between the crime of robbery and a selection of other crimes is made. Historical development of the crime of robbery and its comparison to the foreign legislation are not omitted. The conclusion summarizes the entire thesis and...
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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, and with the application of the press law in the judicial practice as well. The last chapter finally analyzes press offenses contained in the Protection of the Republic Act.
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