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Cooperating defendant
Konopa, Štěpán ; Tejnská, Katarína (advisor) ; Šelleng, Dalibor (referee)
Cooperating defendant Abstract The cooperating defendant represents a relatively new instrument of Czech criminal law, it was introduced into the Czech legal system with effect from 1 January 2010. The main purpose of this legal instrument is to fight organized crime, which is characterized by its high social danger and is extremely difficult to combat for law enforcement agencies due to the considerable sophistication of the internal hierarchy of organized criminal groups. The legal instrument consists of the cooperation of the defendant with a public prosecutor, who designates them as a cooperating defendant in the indictment in exchange for information capable of making a significant contribution to the uncovering of organized criminal groups. The cooperating defendant is rewarded for their cooperation with a mitigation of their sentence and the sentence may even be dropped altogether. The first chapter of this thesis analyzes the terms of cooperating defendant and crown witness, describes the process of introducing the legal instrument of cooperating defendant into the Czech legal system and also mentions some similar legal instruments. The second chapter deals with the current legislation, some of its shortcomings and their possible solutions. The third chapter lists some of the most important benefits...
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Assistance to victims of crime
Novotná, Anna ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
Assistance to victims of crime Abstract This master's thesis deals with the assistance to crime victims and it is divided into seven chapters. The first chapter is devoted to the theory of victims and defines its basic terms such as primary and secondary victimization. It also describes the history of the victim and points out the most common stereotypes in the area of attitude to victims. The main part of the thesis describes the legislation. It deals particularly with the Victims of Crime Act which strengthened the victim's position in criminal proceedings and extended their rights. The aim of the thesis is to analyze the definitions of the victim and the vulnerable victim that are contained in the act. Consequently, the purpose is to compare the terms of the victim as a subject of a special care and the injured party as a subject to criminal proceedings. The fourth chapter thoroughly analyzes the six fundamental rights of the victim, which are enshrined in the Victims of Crime Act. The thesis points out that the right to information, which on the other hand means an information duty for the Police of the Czech Republic, law enforcement authorities and entities registered in the register of aid providers, is not pursued sufficiently. The police authority provides victims with the police caution of several...
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Operational and Investigative actions
Černá, Kateřina ; Tejnská, Katarína (advisor) ; Šelleng, Dalibor (referee)
1 Operational and Investigative actions Abstract Presented thesis deals with the topic of operational investigative actions specified by the Criminal Procedure Code, to which they have been incorporated with effect from 2002. The main aim of this thesis is comprehensive description of the essence and of the domestic applicable legislation of these actions, and also the analysis of possible problematic points and deficiencies. Currently, the mentioned Code in its title nine called procedure prior to initiation a criminal prosecution defines types of these actions in an enumerative way. Those types are pretended transfer, surveillance of the individuals and objects and usage of agent. The thesis itself is divided into six chapters. First chapter is focused on definition of these actions, putting them into context with so called supporting operational investigative actions defined by the Police of the Czech Republic Code, and also on the brief history of their usage in the territory of the Czech Republic. In the second chapter there is a summarization of the general conditions concerning usage of these actions, which apply to all operational investigative actions with few exceptions. Third, fourth and fifth chapter deals with particular operational investigative actions according to the order contained in the...
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Alternatives to unconditional sentence of imprisonment and their comparison with the French legislation
Kocourková, Kristýna ; Šelleng, Dalibor (advisor) ; Pelc, Vladimír (referee)
This thesis deals with alternatives to unconditional imprisonment. Since this is a very extensive topic, I have focused only on alternative sentences in the narrower sense of the term, namely conditional conviction, conditional conviction with supervision, house arrest, community service and financial punishment. The aim of this thesis is to analyse the Czech lawful legislation of alternatives to unconditional imprisonment, to compare it with selected French alternative sentences and to propose changes de lege ferenda. The thesis consists of an introduction, five chapters and a conclusion. The first chapter deals with the concept of punishment and its purpose. At the same time, this chapter outlines a general introduction to alternative punishments in Czech and French legislation. The second chapter deals with institutes related to restorative justice, namely probation and mediation. This chapter also describes the organisation of the Probation and Mediation Service. The third chapter focuses on individual Czech alternative punishments in the narrower sense. Individual subchapters are ordered according to the systematic of law. Within each subchapter the sentence is characterized, followed by a list of conditions under which the sentence can be imposed, as well as the conditions for the execution...
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Punishment of disqualification and its control
Raus, Pavel ; Šelleng, Dalibor (advisor) ; Pelc, Vladimír (referee)
Punishment of disqualification and its control Abstract The topic of this diploma thesis is the punishment of the disqualification and its control. The main goal is to describe and evaluate the legal regulation of this punishment in Czech criminal law and its application. This diploma thesis also proposes possibilities for improvements of the regulation in this field. In the first chapter the thesis deals with the place of the disqualification in the criminal law system, the purpose of this penalty and its possibilities as an alternative non-custodial measure. It also describes other legal institutions in different fields of law which also restrict freedom to perform some activities. The second chapter is focused on imposing the penalty of the disqualification. This chapter deals with the conditions under which this penalty may be imposed, its content and scope or its length. This part offers a view on application of this punishment via case law and Ministry of Justice statistics. The third chapter is focused on the specifics of the disqualification imposed on minors and on the differences of the punishment of the disqualification imposed on legal persons. The fourth chapter analyses the enforcement of judgments imposing punishment of disqualification. In this chapter, attention is paid to the period of...
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Criminal liability in health care
Lepáček, Marek ; Bohuslav, Lukáš (advisor) ; Šelleng, Dalibor (referee)
1 Criminal liability in health care (abstract in English) The purpose of this rigorous thesis is to point out the criminal liability of health services providers, particular for doctors as individuals as well as for hospitals as legal entities. This thesis is divided into four chapters and, moreover, the integral part of it is also one attachment. The first chapter defines the basic legal terms in health care, such as informed consent, informed disagreement, the lege artis procedure, medical documentation and confidentiality. These institutions appear in health care mostly and their detailed definition will help the reader to better understand the goal of this work. Due to the fact that this thesis is aimed to criminal liability, the particular legal terms are defined especially in criminal matters too. The second chapter entitled as Criminal offences in health care hides in itself the individual crimes that a doctor may commit during the performance of his profession, both intentionally and negligently. In this chapter, not all crimes are defined, but especially those that occur to be most frequently in health care, eventually those which appear to be the most interesting in relation with the health care. Due to the fact that there is also the relevant case law in connection with some of the crimes, for...
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A pecuniary punishment - its advantages, drawbacks and application
Šeba, Jan ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
In the Western States, a pecuniary punishment represents a proven alternative to (un)conditional imprisonment. By joint effort of the Supreme Public Prosecutor's Office and the Supreme Court, the pecuniary punishment has become a trend over the last few years also in the Czech Republic. Why should criminal justice bodies strive for more frequent imposition of the pecuniary punishment? In which cases is the pecuniary punishment an appropriate criminal sanction? And how is, or rather should be, the pecuniary punishment imposed and enforced? The submitted master's thesis draws attention to the obstacles of effective legal regulation and its inconsistent application. It deals with substantive and procedural aspects of the matter, relevant case law and statistical data. Conscious of the limits of comparisons in criminal law, the author also takes into account the law of Germany, Austria and the Netherlands. The first part of the thesis deals with the pecuniary punishment in general. The diploma candidate describes its purpose, position in the system of criminal sanctions and basic characteristics. A closer look is taken at the new way to satisfy the injured person, which was introduced on 1 January 2018 by Act No. 59/2017 Sb., on the use of financial resources from proprietary criminal sanctions imposed...
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Criminal Liability of Legal Entities
Šelleng, Dalibor ; Jelínek, Jiří (advisor) ; Ivor, Jaroslav (referee) ; Bohuslav, Lukáš (referee)
It is more than 6 yeas as of the moment when Act No. 418/2011 Coll., on penal liability of legal entities and proceedings against them, entered into effect, however, in spite of it inland legal regulation still offers a number of key application and conceptional issues. The achieved objective of the dissertation work submitted was to provide comprehensive and detailed interpretation of the existing legal regulation of the conditions when criminal liability of legal entities is established and to point out, in that interpretation, to some of its particularities, deficiencies or ambiguities in the interpretation. In order to achieve that objective, the author dealt with not only Czech legal regulation as such, however, also with wider topics that clarify the origination of this form of penal liability but that can also help interpreting problematic legal institutes or be the basis for next amendments to the law, if any. For this purpose, the presented dissertation work is divided in four main chapters. The first part contains introductory and fundamental issues of the criminal liability of legal entities. As the sine qua non condition of the topic under investigation, it defines the term of "legal entity" and outlines the historical development of the concept of penal liability of legal entities in...
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Penal order
Šelleng, Dalibor ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
Resumé in english The submitted rigorosum thesis deals with problems of penal order as specified in the current legal regulation of § 314e and following, Act No. 141/1961 Sb., Criminal Procedure Code. In general, the penal order represents a legal institute, which is used by bodies responsible for criminal proceedings, mostly by court, to offer, upon their findings, interested parties to solve a criminal case of low seriousness without having public hearings before a court. The proposal is submitted in writing and contains at least a verdict of guilty and sanction verdict. If the interested parties agree with the submitted proposal, expressly or tacitly, the proposal will be legally binding. The penal order may be also considered a type of decision in criminal proceedings, which has its dual nature. At first, it is a procedural offer made to an accused, and i fit is accepted, then the penal order transforms itself into a decision on merits. The thesis is divided into four chapters: In the first chapter the emphasis is put on an introduction of the penal order in a broader context with aim to subscribe its purpose and I try to subsume it under such terms as judicial decision, special type of proceedings and diversion. The second chapter is dedicated to the historical development of legal regulation of the...
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Problems of criminal liability of legal etities
Šelleng, Dalibor ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This master's thesis is concerned with an issue of criminal liability of legal entities. Emphasis is put on the czech legislation, more precisely on the act no. 418/2011 Sb., on Criminal Liability of Legal Entities and their Prosecution, that came into force on 1. 1. 2012. This act was adopted in response to the obligations under international law that are binding on the Czech Republic. The main aim of this thesis is to make its readers possible to get acquainted with the regulations of the establishment and termination of criminal liability of legal entities in the Czech Republic and to point out some problematic parts of the law. The thesis is divided into three parts. The first part deals with the general questions of criminal liability of legal entities, in particular with the historical development of such a conception, its possible models, definition of the legal entity and with the reasons for and against criminal liability. The second and the most extensive part of this thesis is dedicated to the analysis of the current Czech legislation. It focuses attention on the issues concerning the scope of the Act, extent of the criminalization of corporations, requirements of the imputability of the criminal act to the corporation and concerning the issue of transferring criminal liability to the...
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