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Sexual coercion (section 186 of the Criminal Code) and other crimes against human dignity in the sexual field
Paťha, Tomáš ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The topic of my diploma thesis is Sexual coercion (section 186 of the Criminal Code) and other crimes against human dignity in the sexual field deals with, besides the fundamental topic of sexual coercion and other crimes, which are mentioned in the third chapter of the special part of Act. No. 40/2009 Coll., Criminal Code. Although these typical sexual offences constitute only a tiny fraction of total criminality, we can label them as the most serious offenses of all, since the consequences they leave for victims are often irreparable. Although the offense of sexual coercion has been introduced into the legal systém for a short time, it has been found in a few cases for a short time and has confirmed that it is very appropriate tool for supplementing rape (§ 185 CC) and sexual abuse (§ 187 CC). The main aim of this thesis is to clarify the facts of the offense sexual coercion, to discuss its object, the physical elements (actus reus), the perpetrator (subject) and the mental elements (mens rea). For this reason, the introductory part is devoted to the historical context and the overall development of sexual offenses in our territory. After this introductory chapter on history, another chapter is dedicated to the current treatment of sexual offenses. The purpose of this chapter is in particular to...
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Recognition in the Investigation of Crime
Žáková, Lucie ; Čáp, David (referee) ; Štětovská, Iva (referee)
(in English): The thesis " Recognition in the investigation of crime" is studies the interaction and communication of criminal proceeding participants and its influence on the quality of those proceedings on recognition. The theoretical part deals with criminal proceedings such as all the trial requirements and factors which affect police investigation. Rights and responsibilities of all participants of trials are defined. Furthermore, communication, its types and categories and -most of all -its impact on successful police interrogation is examined. In conclusion of the theoretical part we describe the aspects which control the investigation and potential offender recognition. In the empirical part the aim was to find out what impact the quality of instructions has on successful offender recognition in simultaneous and combined format. The empirical part was performed in an experiment. The research participants were devided into categories according to chosen standards. Then they were presented with a video recording of a criminal offence followed by recognition. We targeted at discovering whether the instructions and the way they are given influence the results of recognition.
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Interaction investigator with selected participants of criminal proceedings and its impact on based recognition
Žáková, Lucie ; Boukalová, Hedvika (advisor) ; Gillernová, Ilona (referee)
(in English): The thesis "Interaction of police investigators with selected participants of criminal proceedings and its impact on recognition" is studies the interaction and communication of criminal proceeding participants and its influence on the quality of those proceedings on recognition. The theoretical part deals with criminal proceedings such as all the trial requirements and factors which affect police investigation. Rights and responsibilities of all participants of trials are defined. Furthermore, communication, its types and categories and -most of all -its impact on successful police interrogation is examined. We also mention interpersonal perception. In the theoretical part of the thesis a lot of attention is devoted to the personality of police investigators and to significant characteristics which form the foundation of police profession. In conclusion of the theoretical part we describe the aspects which control the investigation and potential offender recognition. In the empirical part the aim was to find out what impact the quality of instructions has on successful offender recognition. The empirical part was performed in an experiment. The research participants were devided into categories according to chosen standards. Then they were presented with a video recording of a...
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The crime of dangerous stalking under Section 354 of the Criminal Code
Timoščuková, Marie ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This thesis deals with the crime of dangerous stalking under s. 354 of the Criminal Code and also with the phenomenon called stalking, which is directly linked with the merits. In introduction of the thesis is described a relationships between the concepts - crime of dangerous stalking and stalking. The thesis is composed of three large chapters - first chapter is focused on stalking from psychological viewpoint, another chapter deals with a legislation of the crime of dangerous stalking in the Czech republic and in the last part are outlined the problematic aspects related to this crime and reasoning de lege ferenda. First chapter starts with a short description of history of stalking and includes mentioning of the first cases for introduction the antistalking legislation. Than a significant part of thesis deals with perpetrators of stalking, especially with the types of perpetrators, which were been created over the whole period of time and characteristics for each type of perpetrator. Another key part deals with victims of stalking from the psychological view and also from legal context of Victims of Crime Act, and also from context of Criminal Procedure Code from the viewpoint of the rights of the victims. Another part focuses on merits of dangerous stalking, where are mentioned the options of...
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Crime of fraud, credit and loan fraud pursuant to section 209,210, 211 and 212 of the Criminal Code
Doseděl, Marek ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
Nowadays effective Criminal code, No. 40/2009 Coll., contains the criminal offence of a fraud (Section 209) and it's special cases such as the insurance (Section 210), loan (Section 211) and subsidy fraud (Section 212). Nevertheless, the situation hasn't been always like this. Less than twenty years ago the Czech effective legislature contained only the criminal offence of the so called "general" fraud. However the impossibility to persecute all of the fraudulent delinquency by applying the "general" fraud section led the legislator to amend the Criminal Code by adding three above mentioned special sections. The imperfection of the legal system in regards to the fraudulent behaviour (especially related to banks and insurance companies) in the 1990's had dramatically effected the economy of the country and formed a negative prejudice and inauspicious experience with privatisation of the state property etc. among the entire society. These days during the global financial recession has the number of fraudulent behaviour risen significantly, since the lack of procurements, the low employment rate, the general indebtedness etc. bring the debtors to the very boarder of the financial cliff of insolvency and "force" them to commit criminal offences. Therefore, it's highly important to use special tools to...
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Death penalty as a response to the growing brutality of criminal offenses
Brühlová, Barbora ; Cejp, Martin (advisor) ; Munková, Gabriela (referee)
The "Death penalty as a response to the growing brutality of criminal offenses" diploma thesis discusses the increasing trend of the violent and brutal criminality and the resolution possibilities of the situation. As the main goal of this thesis, the author deals with the idea whether returning the death penalty back into our justice system would be the right response to the increasing degree of brutality of violent criminals. In the theoretical part, the term "death penalty" is explained in general, as well as its history and use. Next the thesis acquaints us with the use of the death penalty on our territory in the past and its legislative question in our history. The next part of the theoretical part is a comparison of the several past years in the development of violent criminal offenses and their brutality in the Czech Republic. The empirical part of the thesis is focused on the research of the public opinion of the citizens of the Czech Republic and the USA regarding the degree of the increasing trend of brutal criminal offenses as well as their opinion on the use of the death penalty. The development of criminality in the USA is described here, as well as the use of the death penalty there. Another point is the evaluation of the situation of the use of the death penalty in the world. The...
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Methodology of investigating specific homicides (focused on staged suicides)
Záhorová, Štěpánka ; Musil, Jan (advisor) ; Krupička, Jiří (referee)
Methodology of investigating specific homicides (focused on staged suicides) This diploma thesis deals with the methodology of investigating homicides and suicides, it determines the common and divergent traces left on a victim's body as well as on a crime scene and examines circumstances which motivate a perpetrator to stage a suicide. Last but not least, the thesis describes specific features of individual investigative acts. The aim of the thesis is not to bring a summary of the methodology of homicide investigation but it aims to draw the attention to the procedures typical for the investigation of murders which appear to be suicides and describes the ways how to distinguish staged suicides from the real ones. The thesis consists of six chapters. The first three chapters sum up the definitions of the terms homicide and suicide in criminal law and criminology, examine the circumstances prompting a murder perpetrator to stage a suicide, and describe the typical ways of committing homicides and suicides. The fourth chapter, which examines the important traces left on a victim's body and a crime scene, forms the core of the thesis. It brings the overview of the common and divergent traces in homicide and suicide cases and also the most frequently manipulated and faked traces in staged cases. The...
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