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Criminal Law and Criminological Aspects of the Internet Criminality
Krupička, Jiří ; Jelínek, Jiří (advisor) ; Záhora, Jozef (referee) ; Gřivna, Tomáš (referee)
Criminal Law and Criminological Aspects of the Internet Criminality Key words: Internet, Criminal law, Criminology Abstract (EN): Internet criminality is a very young phenomenon; the internet itself was presented in the recent form only about 20 years ago. Nevertheless, the relative youth of the internet does not mean that the internet crimes are less serious or less prevalent than other criminal activities. The mass, relative anonymity and progressive globalization of the internet together with bustling development of computer technology provide both the organized crime and individuals with perfect means to commit all sorts of offences. With regard to its extant, this study is not supposed to serve as an overall and full detailed analysis of the internet criminality. The objective of this paper is a criminological description of socially dangerous phenomenons related to the internet, concretely the origin of these phenomenons in the society, the most frequent modus operandi of the internet crime, means of prevention and the criminal law qualification of the relevant criminal activities. The paper itself is divided into four separate parts. The first part contains a general introduction into the problems of internet criminality. We can find there a definition of the term "internet" and "internet...
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The principle of discretionary evaluation of evidence in Czech case law
Vopršal, Ondřej ; Šámal, Pavel (advisor) ; Císařová, Dagmar (referee)
The aim of this thesis is to represent in detail one of the fundamental principles of the Czech criminal procedure, the principle of free evaluation of evidence. At first the thesis deals with theoretical aspects of this principle, since they are almost unavailable in the modern literature. The author afterwards analyses the extensive judicature of Czech courts (including the Constitutional court) related to general issues of evaluation of evidence as well as to particular means of proof. The thesis also contains proposals of legislative changes, as the legal regulation of criminal procedure seems to be no longer satisfactory.
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Domestic violence in criminal law
Nováková, Blanka ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
Domestic violence in criminal law The purpose of this thesis is to provide the audience with broad and complex overview of legal regulations of the "domestic violence" phenomenon in the Czech legal system with a special focus on the criminal law and the adoption of the new Criminal code and several amendments which have significantly improved the overall situation in this area. In general, domestic violence occurs when a family member, partner or ex- partner attempts to physically or psychologically dominate another. Although domestic violence often refers to violence between spouses it can also include cohabitants, children and non-married intimate partners sharing the same flat or house. It is important to remember that domestic violence occurs in all cultures and that people of all races, ethnicities, religions, sexes and classes can be perpetrators of domestic violence. Since domestic violence represents a very complex problem with many dimensions I have split this paper into total of ten chapters (including introduction and conclusion) which I believe cover the most important aspects of this phenomenon. The thesis concludes with the list of literature, internet resources and legislations used. There are also four graphs included at the very end of this paper which illustrate statistics on domestic...
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Forensic ballistics
Kačmárová, Dana ; Štourač, Petr (advisor) ; Musil, Jan (referee)
57 VIII. Abstract Criminalistic ballistics This thesis is focused on the issues related to the criminalistic ballistics, which is closely associated with the criminal law. An introductory part of this work briefly describes the historical development of the subject. There are an early researchers mentioned along with their discoveries and their works. Following part attempt to describe the concept of term and subsequently explains its dividing into subdivisions. Each of these solves the different tasks and corresponds to the different questions. Commentary continues with an explanation what are the objects of criminalistic ballistics. Namely, the objects are the guns and their separable parts, ammunition and its segments, subjects affected by the bullets, gunshot residues and some other elements of the shooting. Next part is concerned with how ballistic marks are being created on the bullet and the cartridge case during the process of gunshot and how they are being searched and collected within the crime scene investigation. Ballistic proofs are specific by nature, hence the recognition should be adapted. Last section is crucial as well, and it contains particular methods of criminalistic ballistic investigation. These are being discussed in relation to the certain tasks, which must be handled by ballistic...
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Approach development to drug use after the year 1989
Grolmusová, Lucie ; Koťa, Jaroslav (advisor) ; Chrdlová, Michaela (referee)
This diploma work is concentrated to description of approaches development of Czech society to drugs after the year 1989. In its theoretical part is described a development of criminallaw approach (with a special accent to connected legislation after the year 1989), a development of medical approach (introduced by bio-psycho-social model of addiction, and a basic system of services for drug users and their development after the year 1989) and a development of coordination of both approaches in a frame of drug policy in Czech Republic (as a new phenomenon after the year 1989). A practical part presents an experts examination, through which were the experts for criminal law and experts for medical approach (who works in a different kind of services for drug users) asked about their view of a development approaches of society to drugs. Then was the aim to compare the views of experts with findings from theoretical part of this work.
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Estimating the impact of the 2012 liquor prohibition on crime
Krejsa, Jiří ; Dušek, Libor (advisor) ; van Koten, Silvester (referee)
This thesis focuses on capturing causal link between alcohol consumption and one of its externalities, crime. The quasi-natural experiment of the Czech temporary ban on hard liquor following an outbreak of methanol poisonings in September 2012 provides a valuable setting for evaluation of the alcohol-crime relationship. Over the course of the prohibition, violent crime rates fell by approximately 10 %, just like the aggregate of aggravated assault, criminal threatening, vandalism and property damage. In addition, the biggest share of reduction in crime falls on weekend criminality. The number of offenders under the influence of alcohol dropped by approximately 18 % for traffic-related offences and by 28 % in non-traffic offenses. The possibility of the reduction in crime being caused by lower detection capabilities of the law enforcement was examined. The reduction in reported cases of e.g. driving under the influence might be to a large extend explained by lower detection, but it could have reduced only rates of victimless crimes. Finally, the property crime rate was not significantly affected by the intervention, except for burglaries into bars and restaurants.
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The crime of habitual drunkenness under s. 201a of the Criminal Code
Vlásenková, Jana ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The offence of intoxication - article § 360 of the criminal code Resumé This final thesis deals with the offence of intoxication, possible approaches on to how to punish such offenders whose insanity causes their intoxication. This thesis points out some of the difficulties that could occur while interpreting and applying the law, and is trying to suggest a solution that better corresponds with modern legislation and legal principles. The offence of intoxication - article § 360 of the Criminal Code is actually a special offence based on a construction of the facts of the case, concept of Rauschdelikt. It was restored into our Criminal Code with the amendment of an Act in 1991, which replaced the previous full criminal liability of individuals who caused their insanity voluntarily. The offence of intoxication is an important criminal law theory for its attitude to a "liability for fault" principle, which the criminal offence of intoxication "breaks through" and extends conditions of criminal liability itself. Insanity is generally considered a condition that relieves the perpetrator of criminal liability, but not in the case of the offence of intoxication. From society's point of view it is considered enough to distinguish between the insanity caused by an inborn mental disease and insanity caused by another...
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Alternative Punishments
Hrbková, Miluše ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
My thesis is called The Alternative Punishments in czech criminal law. I have chosen this topic as using alternative forms of sanctions alongside with traditional punishments is a product of the last decades in our legal order and remains very actual question untill now. The crime rate is constantly rating therefor it is necessary to react on it adequally with providing a wide range of sanctions. As one of the governing principles in czech criminal law is a principle of humanity the alternative punishments take a pricipal place in our legal order. The main purpose of my thesis is to analyse and clarify the particular forms of alternative punishments. Those sanctions bring a lot of advantages for convicted in contrary to other traditional punishments as they are not issolated from society and have a chance to re-educate themselves. The alternative punishments are useful and cheaper than short-term confinement. This thesis focuses on the analysis of the actual legislation, assesses changes brought by the new criminal code and defines proposals which would imporove the legislation in future. The thesis is composed of eight chapters. First chapter is subdivided into three parts. The first part deals with the term and purpose of the punishment, the second analysis theory of punishment and the third one discusses...
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Current issues of crime committed against young people
LEVÁ, Dominika
The bachelor thesis on a topic ?Current issues of crime committed against young people? deals in its theoretical part with basic information about the problems of crime. It explains psychological and legal standpoints to a concept of the youth, it describes international documents related to the issue and analyses perpetrators of these crimes. With regard to the aim of the thesis, it carries out an analysis of the new criminal law protection of young people effective from January 1st, 2010 with a brief comparison of a previous legislation and possible solutions (help to victims). The empirical part of the bachelor thesis contains objectives, hypotheses, a research method and characteristics of the research sample. The data collection was carried out by a method of a quantitative research using a questionnaire survey consisted of 15 questions. The research sample consisted of pupils from 6th to 9th classes (young people aged 11 ? 15 years) at two elementary schools in the district of Český Krumlov (Elementary School Velešín and Elementary School Linecká). The aim of the practical part was to find out in which representation men and women commit crimes against the young people, whether a victim knows an attacker or he/she is a very stranger. The research showed that among the perpetrators of crime committed against the young people the male population outweighs the female population. The perpetrator is in most attacks of an approximate age or from a close social environment of the victim. The bachelor thesis can be used as an informational material for school counsellors, parents and teachers of elementary and secondary schools.
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