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The crime of habitual drunkenness under s. 360 of the Criminal Code
Šebková, Jana ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
1 The crime of habitual drunkenness under s. 360 of the Criminal C. Abstract The aim of this diploma thesis is to analyze complexly the problems associated with the legal regulation of the crime of drunkenness. The crime of habitual drunkenness or otherwise called the "Rauschdelikt" is an illustrative option of how to deal with the issue of an insane people, which act unlawfully and how to punish them. The person which commits an unlawful act in a state of insanity, committed an act of otherwise criminal, quasi-delict. Where the perpetrator has caused a state of insanity by consuming or applying an addictive substance. The above-mentioned concept of "Rauschdelikt" appears to be the best option, for the sake of consistency with the fundamental principles and principles of criminal law, the nullum crimen sine culpa principle. The thesis is organized in individual chapters, which are gradually dealing with the historical development, and this crime does not present in modern criminal law no novelty; on the contrary, the institute of drunkenness has deep historical roots. The following chapters analyzes some individual basic terms that are necessary for the definition of a crime of habitual drunkenness and include and clarify the legal institutes that are close to and closely related to this crime, such as the...
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Pregnancy, childbirth and stimulation child born in drug-addicted mothers
Lisá, Žaneta ; Šťastná, Lenka (advisor) ; Broklová, Lada (referee)
Background: The use of addictive substances during pregnancy is a serious health and social problem. Pregnancy is, in itself, one of the most important and most critical periods in a woman's life, and addictive substances in this case are significantly complicated. Pregnant drug addicts need complex care, paradoxically, however, they often do not have access or use it to a small extent. Objectives: The aim of this work is to map the health and social care provided to pregnant women using addictive substance. In the Czech Republic programs are being implemented for mothers with children or pregnant women using addictive substance. Programs include individual counseling, psychotherapy, relapse prevention, family and partner therapy, parent groups, mothers and social work. The aim of the thesis is to focus on the health and social care provided to this client. Methods: Research is a series of case studies of clients focusing on personal and social history, on their somatic and psychological condition, retrospective view of the course of pregnancy, care of women during pregnancy. The plan of work is therefore the elaboration of detailed studies of specific mothers - users. The intention is to compile the overall picture of the given cases in a broader context, not only from the point of view of the...
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The question of self-induced insanity
Jechová, Veronika ; Hořák, Jaromír (advisor) ; Vokoun, Rudolf (referee)
The Question of Self-induced Insanity The aim of this thesis is to cover the question of self-induced insanity in its complexity. The thesis is divided into eleven chapters, in which this part of criminal law is analysed. The topic of criminal liability of insane offenders (even those insane due to their own conduct) represents an interesting part of criminal law. One of the main reasons is the fact that the solution to the problem of criminal liability of insane offenders can lead to the breach of one of the main principles of criminal law - the principle of culpability - on one hand, or to the failure of one of the main functions of the criminal law - the protection of society and its interest and values against the most dangerous conduct prohibited by the law - on the other. The text is concerned mainly with the current legal arrangement of self-induced insanity in the Czech Republic. The legal arrangement in effect adopted the theoretical concept of a special criminal offense and a full criminal liability for the actio libera in causa construction. These provisions deal with situations, where the offender through the voluntary application of addictive substances caused his own insanity and in this state committed an act which would constitute a crime were it not for the absence of the...
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Threat under the influence of addictive substance
Micka, Martin ; Říha, Jiří (advisor) ; Vokoun, Rudolf (referee)
EN: The misdemeanor of endangering under the influence of addictive substance is one of the most frequently occurring criminal offenses that the Czech society encounters. I have divided my thesis into nine chapters. The first chapter deals with elements of the criminal offense under the influence of addictive substance as divided by legal theory. The second chapter describes the issue of the unlawfulness of the deed. The third chapter deals with an analysis of qualifying circumstances that legislature provided in the second paragraph of the misdemeanor of endangerment under the influence of drugs. The fourth chapter describes the issue and the conditions of participation of persons other than the principal perpetrator of the deed. The sixth chapter deals with the most common criminal offenses that occur along with the abovementioned misdemeanor. The seventh chapter is devoted to the new phenomenon of proving a condition that excludes competence in cases of influencing other addictive substance. In the eighth chapter I focus on the issue of showing of various types of sentences with regard to current practice in relation to sentencing for the deed in question under Section 274 of the Criminal Code. The ninth chapter describes various forms of so-called special methods of proceedings which are used in the...
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Social work with adolescents addicted to psychoactive substances
Malíková, Kristýna ; Krahulcová, Beáta (advisor) ; Nová, Monika (referee)
The aim of this thesis is to draw attention to the serious problem of drug addiction among adolescents who are abusing addictive substances or marijuana. This increasingly important issue is discussed a lot, but very often neglected by the society. This thesis provides definitions and characteristics of individual drugs and their effects on adolescents. The need for prevention and treatment of adolescent clients is emphasized, alongside with the family support, which is often crucial. In the practical part, the author of the thesis focuses on organizations that are critically important in this field. These organizations focus on prevention, counseling services, social inclusion and treatment facilities (inpatient and outpatient services), etc. Their characteristics and methods of client treatment are described. Furthermore, in this work the author presents a survey that confirms the findings of some detailed quantitative research papers. The main findings are that drug abuse is a major problem of this century and also a burden on society, especially on the adolescents themselves. The solution is very complicated and time consuming, but everyone can contribute by not being indifferent to this problem.
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Addictive substances in road transport
Novotný, Vojtěch ; Říha, Jiří (advisor) ; Hořák, Jaromír (referee)
My diploma thesis deals with the addictive substances in road transport, especially with alcohol and other narcotic drugs used by drivers of motorized and non-motorized vehicles. The thesis is divided into three main parts. First chapter provides the definition and clarification of the terms. Second chapter, Substantive law, contains two subchapters, Criminal law and Administrative law. The subchapter Criminal law analyzes crimes that can be committed in conjunction with the addictive substances in road transport, namely endangerment under influence of an addictive substance according to § 274 TZ, general endangerment and general endangerment alleging negligence according to § 272 TZ and § 273 TZ and inebriation according to § 360 TZ. The most attention is paid to the offence of endangerment under the influence of an addictive substance, which is, as the most frequently committed crime in connection with the addictive substances, analyzed in terms of elements of crime, complicity and participation, stages of the commission of the crime, qualified elements of crime and sanctions. The second subchapter, Administrative law, examines three mostly committed minor offences related to the addictive substances in road transport. These are minor offences according to § 125c odst. 1 písm. b), písm. c) and...
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Risky sexual behavior and recreational drug use on the dance scene of Ceske Budejovice: correlation study
Fürstová, Martina ; Vacek, Jaroslav (advisor) ; Kulhánek, Adam (referee)
The main goal of this bachelor thesis is to outline connections between drug use and high risk sexual behavior of visitors of České Budějovice dance scene. Methods: The results of this survey are based on the structured anonymous questionnaire answered by 100 visitors of diferent dance parties in České Budějovice. Results: It is apperent that use of drugs an high risk sexual behavior are directly related. The overwhelming majority of respondence who behaved irresponsibly sexualy or they consider their own behavior dangerous, have behaved this way under the influence of drug. In most cases alcohol was the drug of use, sometimes a combination with another drug. Closure: People with long life drug use are much more common at dance parties in České Budějovice if compared with general population. Resuluts have shown that most respondence (89 %) has at least one expirience with risky sexual behavior. Based on the results of this survey we can state that use of drugs and sexual risky behavior are directly related.
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