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Development and other perspectives of drug offences
Lucký, Matyáš Teodor ; Krupička, Jiří (referee)
Development and other perspectives of drug offences Summary The subject of this thesis is the criminal law governing the manipulation of psychoactive substances or so-called drug offenses. For the purposes of the thesis the term psychoactive substances is equal to the term narcotic drugs and psychotropic substances as used in Act 40/2009 Coll., Criminal Code. Special attention is then paid to the real impact of this regulation in the area of drug related issues. The first chapter maps the development of laws governing psychoactive substances from antiquity to present day while observing the repetitive trends in the historical legal approach. The attention is also paid to the modern development in this area in the international field, with particular focus the most important conventions signed during the twentieth century and the gradually increasing role of the European Union. The changes in the legal treatment of drug offenses on Czech territory are then described in more detail, the current Czech legislation being one of the main focuses of the thesis. The individual drug offenses contained in Sections 283 to 287 of Act No. 40/2009 Coll., Criminal Code, are discussed in further detail also taking into account the relevant case law and any problems encountered in their practical application. Due to the...
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The issue of synthetic drugs in Czech criminal law
Baloun, Ondřej ; Beranová, Andrea (advisor) ; Bohuslav, Lukáš (referee)
anglickém jazyce The inner functioning of human nervous system allows for changes in states of mind after a consumption of specific substances. It is well known that these changes have an impact on the health of a consumer, be it acute or chronic. The undesirable effects are multiplied, if the consumption grows in scale to a society-wide issue and is not properly addressed. Any health damage is followed by social effects that endanger the cohesion of a society. States reacted to this development by a wave of drug regulation, be it their consumption or distribution, through international and domestic legal instruments. This approach is at present time unable to tackle the problem of so called "synthetic drugs". Synthetic drugs are unregulated chemical analogs of illegal drugs. They offer to users' effects very similar to conventional drugs, only without legal barriers and at a fraction of a price. The dangers of synthetic drugs are twofold. Not only are they more accessible to users, but they are also exponentially more dangerous and unpredictable. Dozens of new substances appear in the European market without their effects on human body being studied previously. Czech Republic has tools with which it regulates new synthetic drugs. This process is however often at odds with constitutionally guaranteed...
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Criminal Aspects of Drug Crime
Musil, Pavel ; Šelleng, Dalibor (advisor) ; Krupička, Jiří (referee)
The thesis "Criminal Aspects of Drug Crime" presents selected aspects of the current global problem of drug abuse in the criminal law. The aim of the thesis is to point out the negatives of drug abuse and their image in the current wording of the facts of drug offences. The thesis is divided into four parts. The first part focuses on the frequently used term "drug", as well as the breakdown of drugs and the effects of selected drugs. The second part gives an overview of the development of domestic legislation, focusing in particular on the Criminal Law of 1950 and 1961. The third part is the core part and presents the current legislation, primarily the meanings of drug offences defined by Act No. 40/2009 Coll., the Criminal Code. The fourth and last part serves to present the Romanian legislation on drug offences, highlighting its most interesting aspects.
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Crimes related to substance abuse
Abu Dayeh, Christián ; Říha, Jiří (advisor) ; Hořák, Jaromír (referee)
Crimes related to substance abuse Criminal offences related to substance abuse are still a highly topical issue having serious social, health-related, financial and security impacts on the whole society. Since the subject is very broad, I decided to focus on substantive law of so-called drug-related crimes. The thesis is divided into eight sections. In the first one I define the basic terms that are frequently used in the thesis and whose definition is crucial for understanding the text as a whole. Second section contains historical background of the current legal form of drug- related crimes in the Czech Republic, while also some international legal rules are included as they influenced local legal development as well as many legal obligations result from them for the Czech Republic until the present. Third section covers current legislation; it contains a common introduction for individual elements of the drug-related offences as well as a broader context within the Penal Code, and it also mentions certain non-penal legislation that is closely connected to this topic. Substance of this thesis is in sections 4 - 8 describing individual elements of the drug offences. In each section there is also some part devoted to analyzing current issues. In the fourth section I deal with an act of cannabis...
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Crime relating to the abuse of addictive substances
Mandík, Jan ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The purpose of my thesis is to analyse crime relating to the abuse of addictive substances. This is a very broad topic that affects many non-legal areas such as health care or economy. It is also associated with many criminological questions. However, in my thesis I focused on drug offences stated in the Czech Criminal Code. This topic was already processed several times, yet it still remains topical since the drug scene is constantly evolving, especially thanks to advanced technologies. The thesis is composed of seven chapters and the first chapter is aimed on defining the basic terms, which I consider crucial for the understanding of the issue. In this chapter I also define the basic terminology used in the thesis. The next chapter deals with the history of the legal regulation of the abuse of addictive non-alcoholic substances. I focused especially on the national legislation and to the limited extent also on international treaties. The first act I mentioned is "Břetislav decrees" from 1039 and gradually I'm getting to the current Criminal Code. One part of the chapter is devoted to the previous Criminal Code no. 140/1961 Coll. The merit of my thesis is contained in the chapters 3 - 7. Each chapter describes one of the drug offences, which are found in the articles 283 - 287 of the Criminal Code....
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Development of legal regulation of drug related crimes
Kabelíková, Kateřina ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
in English Title: Development of legal regulation of drug related crimes The thesis analyzes current criminal legislation in the area of drug-related crimes, compares it with previously effective legislation and outlines ambiguities in interpretation of selected legal terms. Increased attention is paid to legislative changes of the past five years which determine the current situation and future legislative development. The author predominantly focuses on problematic issues and challenged provisions related to the discussed topic which she then examines in detail. In order to provide the reader with a full picture of the topic, opinions of academic and professional authorities are presented. Furthermore, judicial practice of mainly Supreme Court is emphasized, as it plays a key role in interpretation of law. Alongside currently applicable court rulings, obsolete judicature is also quoted in order to help the reader understand the background of the legislation and especially its previous precipitous development. The thesis is divided in five chapters. The first chapter introduces the reader into the topic of addictive substances and defines relevant legal terminology. The second chapter deals with the current legislation in the area of narcotic and psychotropic substances in international, European...
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Substance abuse crime
Šolcová, Šárka ; Říha, Jiří (advisor) ; Hořák, Jaromír (referee)
1 Abstract Crime relating to the abuse of addictive substances This thesis deals with the issue of substance abuse and criminality associated with this pathological phenomenon. Addiction and substance abuse can be considered a significant criminogenic factor, which is a common cause of traffic accidents, domestic violence, reduced self-control, increased aggression and other crime-related behaviors. Criminality related to the production, distribution and use of addictive substances covers a wide range of offenses, from trivial offenses bordering on offenses to the diverse activities of international organized crime, which can be consider a global issue. Subject matter of this thesis is to link this stated issue with fundamental knowledge about narcotic and psychotropic substances and its effects on individuals, along with their potential influence on the delinquent behavior of drug users, while providing a theoretical definition of crimes related to substance abuse and an effort to quantify this phenomenon. This thesis is devided into four parts. The introductory chapter focuses on interpreting concepts related to substance abuse, which is necessary for a comprehensive understanding of the stated issue. As a follow up to this, the second chapter deals with narcotic and psychotropic substances' fundamental...
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The issue of legal regulation of drug related crimes in Czech criminal code
Janošíková, Veronika ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
The issue of legal regulation of drug related crimes in Czech criminal code Abstract The thesis deals with the alcohol and drug-related substantive crimes and aims to provide the reader with the detailed analysis of the basic substituent elements of a crime with the analysis of the basic terms of the problematic and application of the existing case law. The analysis of some vague terms which are the subject of unending discussion of both the legal community and the general public is also provided in the thesis. I processed the thesis with the focus on the substantive law with emphasis on the drug- related crimes regulated in legislative provisions § 284 to § 287 of the Criminal Code and further on the chosen crimes from the area of secondary drug-related criminal activity, especially on the crime of endangerment under the influence of drugs or alcohol according to provision § 274 of the Criminal Code and the crime of drunkenness according to provision § 360 of the Criminal Code. The thesis is divided into eleven chapters. The first chapter is dedicated to the problematic of addictive substances in terms of their characteristics, division into groups according to their properties and effects and within them are listed the most known addictive substances. Furthermore, it focuses on the individual risks...
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Crime relating to the abuse of addictive substances
Pacovský, Josef ; Bohuslav, Lukáš (referee)
Crime relating to the abuse of addictive substances The abuse of addictive substances is an issue of the whole society, which in current globalized world, considering continuous development of drug scene, still remains topical. The abuse of addictive substances, as a significant criminogenic need, relates to all kinds of different criminal offences, both those committed by addicts and those committed against them. This includes for example property crimes, crimes against life, person and health, or endangerment. Because of such wide scope of crimes related to the abuse of addictive substances, the focus of my work is on substantive regulation of so-called drug offences, which is stated in the articles 283 - 287 of the Criminal Code. The purpose of this thesis is to analyse constituent elements of the particular drug offences, coherent case-law, as well as some questionable issues related with this kind of criminal offences. It is for instance, the issue of determining the term "greater than the small amount" and regulation of making cannabis accessible for medical use. Higher consideration is given to the questions of so called growshops and the issues of the distribution of drug addiction. The thesis is divided into general part and special part. In the general part, there is a definition of some...
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Crime relating to the abuse of addictive substances
Pacovský, Josef ; Bohuslav, Lukáš (referee)
Crime relating to the abuse of addictive substances The abuse of addictive substances is an issue of the whole society, which in current globalized world, considering continuous development of drug scene, still remains topical. The abuse of addictive substances, as a significant criminogenic need, relates to all kinds of different criminal offences, both those committed by addicts and those committed against them. This includes for example property crimes, crimes against life, person and health, or endangerment. Because of such wide scope of crimes related to the abuse of addictive substances, the focus of my work is on substantive regulation of so-called drug offences, which is stated in the articles 283 - 287 of the Criminal Code. The purpose of this thesis is to analyse constituent elements of the particular drug offences, coherent case-law, as well as some questionable issues related with this kind of criminal offences. It is for instance, the issue of determining the term "greater than the small amount" and regulation of making cannabis accessible for medical use. Higher consideration is given to the questions of so called growshops and the issues of the distribution of drug addiction. The thesis is divided into general part and special part. In the general part, there is a definition of some...
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