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Criminal liability in public procurements
Richter, Martin ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee) ; Kalvodová, Věra (referee)
1 ABSTRACT Criminal liability in public procurements The thesis deals with the criminal liability in public procurements. Public procurement is a very complex and organized activity, the criminal assessment of which, however, cannot reliably lead to satisfactory results on the basis of existing doctrine. The primary goal of this work is therefore to identify the roles and extent of criminal liability of individual actors in the decision- making process of public administration and on this basis to analyze which type of negotiations concerning public procurement may be punished under a special part of the Criminal Code. The importance of effective prosecution of criminal offenses relating to public procurement results from the fact that amount of funds in public procurement correspond to tenth of gross domestic product. For easier orientation of the reader, a formal structure was chosen so that, as far as possible, it comes as close as possible to the standard criminal law teaching on elements of a crime. Specifically, the chapters are divided into actions in public administration, its criminal relevance, the consequence in public administration, the subject, the subjective aspect, circumstances precluding illegality and finally to crimes related to public procurement. From the material point of view, the...
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Defence in the criminal trial by the defence counsel Abstract
Hejda, Vít ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Defence in the criminal trial by the defence counsel Abstract The topic of the submitted thesis is the defence by the defence counsel, with a special emphasis on the defence during the trial. The criminal trial, as its title suggests, plays a pivotal role in the criminal proceedings and the defence counsel has a crucial influence on its course. It is at the criminal trial, that the greatest degree of evidence is taken, and where the defence has the widest range of rights and opportunities to influence the course of the criminal trial. In the exercise of these rights of the defence, the defence counsel plays an absolutely indispensable role and consequently has a significant influence on the decision on guilt and punishment. The aim of this thesis is to analyse the legal provisions concerning both the right to defence and the defence in the criminal trial and to provide a comprehensive overview of all the rights the defence possesses and the most appropriate and efficient ways for defence counsel to exercise them during the trial. The present thesis thus aims to evaluate the current legal framework and, on this basis, to make proposals for possible future amendments. This thesis also continuously reflects on the changes that the criminal law has undergone through the amendments, in the context of both case...
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Agreement on guilt and punishment
Bolek, Tobiáš ; Říha, Jiří (advisor) ; Bohuslav, Lukáš (referee)
The subject of this master's dissertation is agreement on guilt and punishment, which was incorporated into the Czech legal system in 2012. It is one of the juridical institutes that intends to achieve faster and more effective criminal proceeding. The agreement on guilt and punishment is inspired by a similar juridical institute of plea bargain originating from the Anglo-American legal system. The essence of agreement on guilt and punishment is the conclusion of an agreement between the prosecutor and the accused, whereby the prosecutor may offer a lighter sentence to the accused in exchange for a declaration by the accused that he has committed the act for which he is being prosecuted. This is an alternative form of proceeding, as the accused can avoid the standard form of criminal proceeding altogether by entering into this agreement. In the first chapter, I discuss the history of the legislative process, as the institute of agreement on guilt and punishment in the Czech Republic has undergone a rather complicated process. I also deal in detail with older legislative attempts, as many academic works on the same or similar topics do not pay much attention to older proposals. In the second chapter, I analytically describe and comment on the current legal regulation of agreement on guilt and...
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Selected issues of juvenile punishment
Papanová, Veronika ; Bohuslav, Lukáš (advisor) ; Richter, Martin (referee)
Selected issues of juvenile punishment Abstract The thesis focuses on the issue of sanctioning delinquent youth, with the focus being situated on the age of juvenile offenders or offenders who have committed a crime close to the age of juvenile delinquency. Significant historical context and legislative changes are provided, particularly in the context of the current version of the Juvenile Justice Act. It focuses on the description and analysis of the basic concepts related to the punishment of juveniles and the background that governs the punishment of persons who are not criminally responsible, juveniles and so-called young adults, i.e. persons who committed a crime after the age of eighteen. It also discusses the international instruments that directly touch on the subject, again oriented towards age and the age of criminal responsibility. Furthermore, it deals with the legal regulation of juvenile punishment and the age of criminal responsibility of juveniles in neighbouring countries, which are Germany, Austria and Slovakia. In general terms, it describes the course of criminal prosecution and the possibilities of defending a juvenile and then outlines the possibilities of extinction of criminality by limitation or diversion. Finally, it then discusses possible legislative changes to the current and...
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Current issues of money laundering
Krulcová, Aneta ; Bohuslav, Lukáš (referee)
The thesis deals with current issues of the phenomenon of legalization of proceeds of crime, popularly known as money laundering. Money laundering is an illegal act intended to disguise the criminal origin of the proceeds of crime and to create the appearance of legally acquired income. In recent decades, it has qualified as one of the most pressing and serious global criminal issues. The ambition of the thesis is to contribute to a better understanding of this complex phenomenon. The thesis also aims to analyse in more detail recent legislative changes in the area of substantive criminal law and to assess whether these are an appropriate step to ensure more effective combating of money laundering. The thesis is divided into four parts. In the beginning, the thesis explains the terms of legalization of proceeds of crime and money laundering. It then presents how money laundering is carried out in practice and highlights the evolution of laundering methods from the traditional simpler domestic methods to modern highly sophisticated offshore laundering schemes. The second part of the thesis provides an overview of the legal regulation of money laundering, with an emphasis on domestic criminal law, as well...
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Hate Speech on the Internet
Maška, Jan ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Hate Speech on the Internet Abstract The topic of the presented diploma thesis, Hate speech on the Internet represents a computer and internet crime area, the meaning of which is current and which is dynamically developing. In the first part of the work, primarily, basic concepts are introduced, such as computer and internet crime, hate speech, bias crime, extremism or freedom of speech (which is largely connected with hate speech, as they represent an exception to the right to this freedom). The concept of hate speech is also interpreted in the context of human rights and related values, such as equality and freedom. Furthermore, the work clarifies the terms computer and the internet and presents the basic elements and principles of the functioning of the internet and computer networks, maps their development and certain characteristics, including a certain insight into some aspects of their influence of society. The second part of the thesis is devoted to an overview of the legislation of the Czech Republic in relation to hate crimes, especially from the point of view of criminal law. The overview begins with a summary of the constitutional- legal matter, followed by the substantive-legal regulation of criminal law. A brief overview of legislation regulating the dissemination of information on the...
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The crime of theft according to section 205 of Czech criminal code
Pokorný, Tomáš ; Bohuslav, Lukáš (advisor) ; Říha, Jiří (referee)
The crime of theft according to section 205 of Czech criminal code Topic of this diploma thesis is the legislation of the crime of theft according to section 205 of the Czech Criminal Code. The aim of this diploma thesis is to conduct an analysis of the currently effective Czech legislation of the crime of theft in the Czech Criminal Code and at the same time subject legislation in fitting cases to critical evaluation or else propose it's modification. Simultaneously the aim of this thesis is to conduct analysis of the judicial practice in time of the state of emergency during COVID-19 pandemic using selected relevant judgements and alternatively subject it to criticism. Final aim of this thesis is to compare the Czech legislation of the crime of theft in the Czech Criminal Code to legislation of the crime of theft in the German Criminal Code with the aim to identify their main differences. Diploma thesis is divided into four separate chapters where individual chapters are further divided into subchapters except the first chapter. The first chapter forms introduction into social problems of the theft phenomenon. This chapter briefly defines importance and status of the crime of theft in a society considering its historical genesis. Second chapter forms the main part of the thesis consisting of the...
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Traffic crime and its prevention
Maikranz, Alexandr ; Říha, Jiří (advisor) ; Bohuslav, Lukáš (referee)
Obvious from the headline, the theme of this theses is traffic crime and its prevention. Although traffic crime is by society quite overlooked kind of criminality, it is more probable that any person will become one of the traffic criminals or a victim of someone elses' criminal behaviour within traffic, rather than he or she will find him or herself being a victim or a perpetrator of a crime from another crime field. Losses of lives, health or property losses which are unfortunately huge part of it are also not insignificant. Being aware of the fact that the most severe consequences of traffic crime happen at the time of transport accidents, considerable part of the thesis is dedicated to the problematics of such accidents. Although traffic crime is not unusual within various kinds of transport it is much less frequent than in the case of road transport which is the kind of transport the theses talks about. The aim of this work is to highlight not only the meaning of transport crime and accidents connected to it but also the possibilities of its prevention. The theses consists of the introduction, four chapters and the conclusion. The first chapter provides an insight into the traffic crime in general, its peculiarities and crimes which can be committed in connection with transport. The second...
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The Role of Criminal History in Sentencing Theory and Practice
Košatka, Martin ; Drápal, Jakub (advisor) ; Bohuslav, Lukáš (referee)
158 The Role of Criminal History in Sentencing Theory and Practice Abstract While criminal history enhancements are ubiquitous, they are also a theoretically problematic practice. The distinction between retributive and utilitarian punishment theory was introduced, while typical approaches within these theories of punishment were described and subjected to critical analysis. None of these approaches was found to offer a complete and workable sentencing system. The hybrid theory of limiting retributivism was presented and suggested as a realistic and pragmatic approach. The approaches to sentencing repeat offenders were considered and mutually confronted. Neither the retributive nor the utilitarian approaches were found to be sufficient justifications for broad criminal history enhancements. Enhanced culpability and limiting retributivist models of criminal history enhancements were found theoretically unconvincing but usable in practice as approaches ensuring proportionality. Almost no evidence was found for a coherent justification for enhanced punishment for repeat offenders in Czechia. The legal framework was assessed as too vague and imprecise regarding criminal history enhancements. Policy suggestions based on Roberts and Frase's hybrid model were offered to achieve clearer limits of the criminal...
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Diversions in criminal proceedings with special focus on agreement on guilt and punishment
Chudobová, Anna ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
133 Diversions in criminal proceedings with special focus on agreement on guilt and punishment Abstract The subject of the submitted rigorous thesis is diversions in criminal proceedings, with a special focus on the institution of the agreement on guilt and punishment. In general terms, it can be said that these procedural alternatives to the classical course of proceedings currently represent a very actual and dynamically developing issue, which, even though it often arouses controversy, is at the same time a means, through which the domestic criminal procedure is being modernised. Diversions do not only serve as a means of rationalisation of criminal proceedings, but also reflect the principles and ideas of restorative justice, which is increasingly mentioned as a direction in which the Czech criminal policy could develop in the future. The aim of the thesis is to provide a comprehensive view of these alternative ways of conducting criminal proceedings, with a detailed focus on the institution of the agreement on guilt and punishment, including a critical evaluation of it, a presentation of problematic aspects in theory and practice, and a proposal of possible changes de lege ferenda. The first part of the thesis focuses on the introduction of the concept of restorative justice, i.e. its development,...
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