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The role of modus operandi in criminalistics
Pivná, Tereza ; Konrád, Zdeněk (advisor) ; Krupička, Jiří (referee)
The role of modus operandi in criminalistics Abstract The reflection of a person's personality can be observed in every single one of his actions and criminal activity is no exception. The modus operandi of a crime is currently a very neglected topic within the professional public. The aim of this diploma thesis is to describe in detail the concept of modus operandi of a crime and to outline its criminal significance. The secondary goal of the thesis is then to show in practical cases whether the assumption of perseverance of the offender is true. The thesis is divided into two parts - theoretical and practical. The theoretical part deals with the history of the perception of this issue by criminologists across the centuries, the very definition of the term modus operandi of a crime, its systematic classification, its definition and its possible understanding in other fields and countries. It also describes the components of the modus operandi of a crime and their possible division, discusses the determinants of modus operandi of a crime, both subjective and objective, and the mechanisms that contribute to the formation of modus operandi a crime. The last chapter, the fourth chapter, of the theoretical part deals with the possible importance of modus operandi of a crime for criminalistics, namely the...
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Obstruction of justice
Dobrovičová, Michaela ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Obstruction of justice Abstract In the introduction, this rigorosum thesis introduces to its readers the issue of the crime of obstruction of justice under the provisions of the Section 347a, Act No. 40/2009 Sb. Criminal Code, as amended, outlines the structure of the thesis and its main goals. Subsequently, the thesis is divided into nine chapters. In the first chapter I ponder about different perceptions of the term "justice". In the second chapter I analyze the theoretical context of evidence, which is fundamental for the further argumentation in the next chapters. Although the emphasis in the thesis is put on criminal proceedings, attention is also paid to civil proceedings. I analyze the types of legal evidence, where I deal more closely with with interrogation of the accused and witnesses, as well as documentary and material evidence. I also do not leave out the issue of onus and burden of proof. After all, an attempt to carry them may be the motive for the perpetrator to commit the crime of obstruction of justice. In the third chapter I describe the evolution of legal opinions on the criminal liability of lying and the presentation of falsified and altered evidence in time. On the base of the historical insight into this issue, I analyze the case law development over the last 15 years. I pay...
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Criminal liability of health-care providers
Miřejovská, Martina ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Criminal liability of health-care providers Abstract This diploma thesis focuses on the criminal liability of the health-care providers. Its main objective is to provide a comprehensive overview of the fundamental issues, such as who can be a provider, what is the definition of healthcare services and what are the possible conditions of criminal liability. Another aim is to provide an overview of selected offenses that can be committed in connection with providing healthcare services and summary of the relevant legislation in the United Kingdom of Great Britain and Northern Ireland and in the Federal Republic of Germany. In this thesis, I mostly use the methods of description, analysis and comparison. The thesis is divided into six chapters, which follow a logical order. The first chapter explains the key concepts. Specifically, it is the definition of healthcare services, facilities and providers, lege artis procedure, informed consent and criminal liability. The second chapter focus on the criminal liability of natural persons, on the definition of a criminal offence and also the relevant circumstances excluding liability from the provision of healthcare point of view. The third chapter deals with the criminal liability of legal persons and their possible exculpation. The fourth chapter analyses selected...
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Current aspects of the fraud crime under section 209 criminal code of the Czech republic
Hruška, Jiří ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Current aspects of the fraud crime under section 209 criminal code of the Czech republic Abstract The author deals with theoretical and practical issues related to the fraud crime, which is one of the enriching property crimes. After the theft and damage to a thing of another, fraud has been the third most frequently committed property crime in the Czech Republic. Except of its topicality, the reason for choosing the topic of the Master's thesis is mainly the considerable variability of this crime. Law enforcement authorities encounter different modes of committing (modus operandi) this crime in practice. The presented work describes the historic developmental tendencies of codification of fraud and then looks into the individual changes (amendments) of criminal code in the Czech Republic related to fraud crime. Furthermore, there is a detailed analysis of fraud crime under section 209 of the Criminal Code and the interpretation of selected legal features. For this purpose it was mainly drawn from current precedens (case law) that significant influences the practice of law enforcement authorities. The author of the thesis subsequently presents a concept of obvious carelessness that could easily avoid by the injured person. The concept is applicable in legal qualification of the act. In adition the mentioned...
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Criminal Law Instruments of Environmental Protection
Fabšíková, Tereza ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Tomoszková, Veronika (referee)
Criminal Law Instruments of Environmental Protection The dissertation deals with the possibilities of criminal law in relation to the protection of the environment. It presents the analysis of the most significant instruments of criminal law from the sphere of the international, European and Czech law, particularly the Rome Statute of the International Criminal Court, the Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law, and the Czech Criminal Code (Act No 40/2009 Coll.) Apart from the analysis of the most important legal norms and the subsequent formation of proposals de lege ferenda, the dissertation is concerned with the characteristics of environmental crime and the specifics of criminal law in environmental protection. The dissertation is divided into five chapters. The first chapter deals with the issue of the role of criminal law in environmental protection and the peculiarities of creation criminal rules in this area. The second chapter concentrates on the characteristics of environmental crime and the description of its specific features. The third chapter refers to the current state of the international criminal law and the possibilities of environmental protection through international criminal law...
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Kriminalita páchaná na seniorech v Jihomoravském kraji
Stravová, Michaela
The bachelor thesis deals with criminality, which is committed on elderly people in South-Moravian Region. The thesis is divided to theoretical and practical part. The theoretical part deals with basic concepts, which are associated with old age and criminality. Further there are described crimes by which the elderly people are threated. The practical part is focused on the analysis of the survey, which was collected in collaboration with the elderly population in the South-Moravian Region.
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Criminal Proceedings in the news coverage of ČTK
Kuchař, Roman ; Trunečková, Ludmila (advisor) ; Šmíd, Milan (referee)
The Czech News Agency (ČTK) is a media institution that collects, processes and provides its customers with information on domestic and foreign events. It represents an important source of information (not only) for other media. However, trying to provide prompt information on interesting events may lead to inaccuracies and excessive simplification, especially in areas where there is a specialised element. One of them is criminal proceedings, which take place within the limits set by law. Therefore, this diploma thesis aims to map the form of criminal proceedings taking place before the Czech courts, as depicted in the ČTK news, and possibly to draw attention to their shortcomings in terms of legal standards and ČTK's ethical rules. The diploma thesis is divided into five basic parts. The introductory part briefly describes the concept of criminal proceedings, its course, selected basic principles and terminology. The following part outlines the importance of news for criminal proceedings (public control over the lawfulness of the criminal proceedings) and the boundaries between protecting freedom of speech on the media's part and the personal rights of prosecuted people and the victims. ČTK, its legal status and structure, ethical rules (ČTK Code) and a text report as a basic research unit of...
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Criminal liability of physician for a non lege artis medical procedure
Zmeková, Veronika ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Criminal liability of physician for a non lege artis medical procedure Abstract This diploma thesis is focused on the issue of the criminal liability of physician for a non lege artis medical procedure. The main objective of submitted thesis is to define all the requirements and elements of criminal liability of the physician, therefore, to find an answer to under what conditions and in what situations the physician will be criminally responsible, and in what situation he will not be criminally responsible. Another objective of the thesis is to provide a definition of what can be considered as a lege artis procedure, what will be considered as a non lege artis procedure, who will assess such a procedure and what will be the consequences for the assessment of the criminal liability of a physician. In this thesis it was used mostly the method of description, analysis, deduction and a partial comparison. Thesis is divided into four main chapters, which are further divided into relevant subchapters. The first chapter is focused on the definition of all prerequisites for the criminal liability of a physician and also deals with the question of possible criminal liability of a legal person who is authorized to provide health services. The second chapter defines individual circumstances excluding illegality. The...
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Criminal law regulation of public procurement
Mikula, Tomáš ; Púry, František (referee)
CRIMINAL LAW REGULATION OF PUBLIC PROCUREMENT ABSTRACT The Objective of this rigorous work is primarily to present the basic features of criminal activities related to public procurement, to analyse the offences that are either directly related to the award of public contracts or to which the Commission may The context of public procurement and, last but not least, the analysis of certain specific means of proof in the case of such offences. The Rigorous work is thematically divided into five chapters and possibly other subchapters. The Subject of the first chapter (Generally for public procurement) is an analysis of the issue of public procurement, the definition of the concept of public procurement, the outline of the basic principles of procurement, the definition of the concept of contracting authority and Supplier and not least an analysis of the types of procurement procedures and their comparison in the framework of the former Public Procurement Act and the current Public Procurement Act. The Subject of the second chapter (Generally for criminal regulation of public procurement) is to outline the criminal law basis for the following chapters; Therefore, the introduction of offences directly related to the award of public contracts, offences which may arise in connection with the award of public...
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Regulationship between delicts and criminal offences
Parýzková, Julie ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
Relation between Administrative and Criminal Offenses Abstract This thesis deals with the analysis of the relation between two public offenses; administrative offenses as delicts of administrative law to criminal offenses as delicts of criminal law. The thesis introduces the historical development in the Czech lands, illustrating the origin of the division of offenses of public law and its gradual transformation over time. The chapter on history concludes with the description of the models of relation between administrative and criminal offenses which have arisen in civil law over the course of history. It is followed by an analysis of the conceptual features of offenses de lege lata, in which the definition of an administrative offense is compared to the definition of a crime. The main topic of the thesis is the boundary between administrative offenses and criminal offenses, which compares the current legal regulation with the theoretical basis and further analyses the aspects of the division of public-law offenses with the indication of alternative possibilities of this division. The thesis also looks at criminal records and the influence of European Union law in determining the boundary between offenses and crimes. Furthermore, the thesis deals with the comparison of administrative and criminal...
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