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Aspects of public procurement in context of Criminal Law
Svatoň, Michal ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
The topic of this thesis is the analysis of criminal activities related to public procurement, the analysis of individual crimes that affect public procurement, the analysis and analysis of individual means of evidence used by law enforcement agencies to detect and prove criminal activities. At the same time, the thesis deals with and analysis of selected criminal offences that are imposed in connection with criminal activities related to public procurement. The aim of the thesis is then to evaluate the possible shortcomings in the legal regulation and the proposal for modification of the legal regulation. To this end, the thesis also deals with a comparison with foreign legislation in order to possibly inspire de lege ferenda proposals. The thesis is divided into five thematic chapters. The first chapter analyses the existing regulation of public procurement with the definition of concepts crucial for the criminal law regulation of public procurement. The author also briefly makes a comparison with the previous legal regulation, taking into account the fact that the terms mentioned in the criminal regulation refer precisely to the previous legal regulation of the Public Procurement Act. For this reason, the author also compares the concepts of both the Public Procurement Act and the Public...
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Compensation of immaterial damage in criminal proceedings
Klatovský, Jakub ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
121 Compensation of immaterial damage in criminal proceedings - Abstract The topic of this rigorous thesis is compensation for immaterial damage in criminal proceedings. This topic is mainly related to the question of fulfilling the conditions for its compensation and determining its amount. This thesis deals with the victim's entitlement to claim compensation for immaterial damage and a series of related issues, especially in relation to the determination of the amount of the claim for compensation for immaterial damage. The application and quantification of the injured party's claim in monetary form is considerably more complicated than in the case of compensation for material damages, and therefore this issue requires increased attention. The purpose of this thesis is to point out the procedural procedure of making a claim by the injured party in adhesion proceedings, the decision-making practice of the Supreme Court and the Constitutional Court, which often come into conflict with each other, and at the same time to put forward my own proposals for possible changes to the current wording of the Criminal Procedure Code. This rigorous thesis is divided into six chapters, each chapter dealing with a selected aspect of the issue of compensation for immaterial damage in criminal proceedings. The first...
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Verification Procedure in Preliminary Proceeding
Linhart, David ; Heranová, Simona (advisor) ; Šelleng, Dalibor (referee)
Verification Procedure in Preliminary Proceedings Abstract This diploma thesis covers the verification procedure, that is the first of the two phases of the stage of criminal proceedings referred to as preliminary proceedings. The goal of the thesis is to provide a comprehensive explanation of the verification procedure, its course, as well as the selected entities involved in it. In the relevant passages related to the selected institutes of the verification procedure, the author defines the rules resulting from other legal regulations, judicial conclusions or conclusions of the professional public beyond the scope of the legal regulation contained in the Criminal Procedure Code. In this context, the author identifies, in relation to the selected institutes, the partial shortcomings of the current legislation, which are being compared with the legislation contained in the current draft of the new Criminal Procedure Code, which is the unfinished result of the efforts to recodify criminal procedural law. The first part of this thesis presents an introduction to the topic and discusses the issue of criminal proceedings, its purpose, and its division into individual stages. Within the individual stages of criminal proceedings, the stage of preliminary proceedings, its internal division, and its forms are...
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Procedural Admissibility of Evidence in Criminal Proceedings in the Light of the Courts' Decision-Making Practice
El Haddidy, Tom ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
1 Procedural Admissibility of Evidence in Criminal Proceedings in the Light of the Courts' Decision-Making Practice Abstract In the absence of a comprehensive statutory regulation of the admissibility of evidence in criminal proceedings, various problems arise in application practice. In order to properly grasp the issue at hand, I first analyse the principle of due process of law, then the statutory regulation of the procedural admissibility of evidence, and finally the opinions of scholarship. The result of my analysis is a categorization of the various causes of the inadmissibility of evidence and a distinction of the terminology used. I deal with the terms "zákonnost důkazu", "přípustnost důkazu", "účinnost důkazu", and "použitelnost důkazu" and discuss their relationships. I apply the acquired knowledge to the decision-making practice of courts. On the basis of the analysis of the decision-making practice, I classify the various causes of the resulting inadmissibility into the categories of "absolutně neúčinný důkaz", "relativně neúčinný důkaz", "zákonný poznatek, který je nepřípustným důkazem" and "zákonem neupravený poznatek, který je nepřípustným důkazem". This leads to one of the main conclusions of my thesis, namely the categorization of the causes of the inadmissibility of evidence in terms of...
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Cooperating Defendant
Prášek, Vojtěch ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
The thesis deals with the criminal law institute of the cooperating defendant, with the aim of analysing the current legal regulation of this institute in the Czech Republic and the practical consequences of its application by the law enforcement authorities. The thesis is divided into the four chapters. In the first chapter, the thesis focuses on organized crime in general as a socially dangerous phenomenon; in particular, the concept of organized crime is defined and the activities in which organized crime is engaged in the Czech Republic are being described. Furthermore, the author discusses all the possible legal instruments in the fight against organized crime, of which he focuses more on the interception and recording of telecommunication traffic and the use of agents. In the following chapter, the thesis focuses on the definition of the concepts of the crown witness and the cooperating witness, their mutual relationship and development. The current legal regulation of the institute of the cooperating witness in the Czech Republic is also being summarised here. The third chapter analyses the application of the institute of the cooperating witness from the initiative to use it to the imposition of punishment for persons who have been identified as the cooperating witnesses. In particular, the...
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The criminal law instruments against organized crime
Šmejc, Marek ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
78 The Means of Criminal Law Dealing With Organized Crime Abstract The rigorous thesis explores the phenomenon of organized crime, examining it from criminological, criminal law, and historical perspectives in the introduction. Within the initial pages, the thesis delves into the concept of organized crime, considering various expert opinions. However, attempts to conceptually or empirically capture the phenomenon face numerous challenges due to its complexity and diverse forms. The thesis consistently emphasizes the importance of the topic, stemming from the serious threat to public interest posed by organized crime and ongoing international and national debates on the need to improve tools to combat it. The author also examines the current legal regulations, both domestic and international. The conclusion of the second chapter particularly focuses on the criminal offense of participation in an organized criminal group. Another chapter is dedicated to categorizing tools to combat organized crime into legal, institutional, and political categories. The author then delves into selected criminal law tools to combat organized crime, focusing on some of the most problematic instruments, where skepticism among certain experts is often justified. These controversial institutions of criminal procedural law,...
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Criminal Investigation and Intelligence Gathering - the Future Prospects of Criminal Procedure and the Regulation of NCOZ and BIS
Mašek, Richard ; Šelleng, Dalibor (advisor) ; Dvořák, Marek (referee)
Criminal Investigation and Intelligence Gathering - the Future Prospects of Criminal Procedure and the Regulation of NCOZ and BIS Abstract The paper examines the legal and practical issues of deeper cooperation and coordination between NCOZ and BIS, two primary bodies responsible for the domestic security, counterintelligence and counter-organized crime in the Czech Republic. The aim of the paper is to present a brief and comprehensive, yet complex list of issues which is based on a thorough research. These issues must be tackled and resolved by the legislator in case any deeper cooperation and coordination of BIS and NCOZ is to be considered in the future. First, the paper looks at the alarming increase in modern organized crime rates. The paper considers this trend to be a real and present national security threat which justifies innovative legislative steps. Complex criminal cases, like DOZIMETR, point to the disturbing reality of crime-politics nexus. The penetration of the decision-making process by the organized crime is a sufficient basis for serious debate on how the legal authority of NCOZ and BIS should be strengthened. Moreover, the threat of "going dark" and the continuous danger of enemy foreign intelligence remain on the horizon. Second, the paper presents a comprehsive and easy-to-understand...
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The Use of an Agent and Issues of Police Provocation
Řepíková, Kristýna ; Dvořák, Marek (advisor) ; Šelleng, Dalibor (referee)
The Use of an Agent and Issues of Police Provocation Abstract This work focuses on the use of an agent, one of the operative searching means contained in § 158e of the Criminal Procedure Code. This tool is widely used in the investigation of the most serious crimes, such as organized crime, drug trafficking, or terrorism. If the agent acts as a so- called undercover agent, which is a legally approved concept, it is ideal. The information obtained by the agent controller lawfully can be used as evidence in a specific criminal case. However, the agent controller can by his actions very easily enter the role of an agent provocateur. Police provocation has been described by the European Court of Human Rights and the Czech courts as an inadmissible technique. Its procedural effect in a concrete criminal case is the inapplicability of evidence obtained based on it, due to its absolute ineffectiveness. In this work, it is dealt with the concept of an agent and the related issues of police provocation as follows. The first chapter introduces the issue of the operative searching activity, which includes operative searching means and supporting operative searching means. This is necessary to understanding the concept of an agent. Similarly, the two remaining operative searching means, which are the pretended transfer...
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Czech legislation on extended confiscation of proceeds of crime - theory and practice
Sláma, Jáchym ; Šelleng, Dalibor (advisor) ; Dvořák, Marek (referee)
Directive 2014/42/EU obliges the Member States of the European Union to introduce the extended confiscation of proceeds of crime method into their legal systems. The Czech Republic has transposed this method into the protective measure of forfeiture (confiscation) of a portion of assets under Section 102a of Act No. 40/2009 Coll., the Criminal Code, and related provisions. The aim of this paper is to describe the method of extended confiscation at both the theoretical and practical levels. On a theoretical level, the thesis aims to define the method of extended confiscation, its place in the asset recovery process, and in the system of confiscation methods whose reflections can be seen in confiscation instruments across European legal systems. On a practical level, the aim of the thesis is to provide a detailed interpretation of the forfeiture of a portion of assets, an instrument that represents the extended confiscation method in the Czech legal system. The thesis uses an analytical and normative approach to the examination of extended confiscation and forfeiture of a portion of assets. The main objectives are reflected in the structure of the thesis, which is divided into three parts. The first part deals with the theoretical level. First, the thesis introduces confiscation as one of the steps...
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Collaborator of justice
Jech, Kryštof ; Šelleng, Dalibor (referee)
Collaborator of justice ABSTRACT The diploma thesis deals with the topic of the collaborator of justice with a closer focus on the Czech legislation. However, the author's aim is to present a critical picture of this legal institute in all its complexity. The beginning of the thesis is therefore devoted to the historical development of the given concept both globally and subsequently also within the Czech Republic. At the same time, the author attempts to define the relationship between "crown witness" and "accomplice witness" ("collaborator of justice") as these are closely related terms. A brief comparison of the most relevant foreign legislations of both types of legal culture is also included. Furthermore, the thesis superficially touches the criminological aspects of organized crime and the characteristics of its members. It summarizes the capture of the mentioned issue in the Czech legal system and describes the role of the collaborator of justice in the fight against such threat as well as in comparison with other legal means and institutes. The centre of interest then lies in the presentation of the most detailed interpretation of the existing legislation in force both from the point of view of procedural and substantive criminal law. In addition, the author answers predetermined questions aimed at...
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