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The crime of rape under s. 185 of the Criminal Code
Dohnálková, Zuzana ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The diploma thesis The crime of rape under s. 185 of the Criminal Code consists of two major parts, which are divided into further subsections - first part consists of four main chapters and second part consists of six main chapters. The first part of the thesis, dealing with the criminal-law point of view, starts with a brief discussion of the sources of criminal law. The chapter then presents a comprehensive description of the development of the offence of rape in the Czech territory since antiquity up to the 20th century. The changes of elements of a crime and the very perception of punishability of rape may serve as a demonstration of advancement of personal freedom. Subsequently, more attention is devoted to the analysis of the current version of rape in the Criminal Code, Act No. 40/2009 Sb., which is currently included in Title III of the special part of the Criminal Code called Criminal Offences against Human Dignity in Sexual Sphere. The criminal law part concludes with a brief summary of the basic features which discriminate rape from sexual coercion and sexual abuse. The second part of the thesis focuses on criminology. First moral criminality, which subsumes rape, is defined in general terms. The definition is followed by statistical summaries, presented in graphs and tables, and by a...
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Criminal Liability of Legal entities focusing on Healthcare Providers
Suchánková, Tereza ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
70 Abstract: Criminal Liability of Legal Entities focusing on Healthcare Providers As of 1 January 2012 a new act no. 418/2011 Coll., Act on Criminal Liability of Legal Persons and Procedure against them, has been effective in the Czech Republic, which incorporated a possibility to prosecute legal persons for selected crimes besides individuals. In June 2016, a new act no. 183/2016 Coll. Act that makes changes to the act. no. 418/2011 Coll., Act on Criminal Liability of Legal Persons and Procedure against them was adopted. The main change it brings to the Czech legal system is that legal persons will be able to commit all the crimes stated in act no. 40/2009 Coll., Criminal Code, except for few crimes enumerated. Under this act, legal persons will be able to commit crimes against the life and health and due to that there is a big chance of prosecution of healthcare providers. The aim of this master thesis is to define in which situations one should consider the criminal liability of healthcare providers. Additionally, this document also aims to outline the general rules of the subject matter, and to determine the limits of its application. To interpret the legal regulation, descriptive and analytical methods are being used. The author compares Czech legislation with the legislation of other European...
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Manipulation with the course or with the result of sports competitions and its criminal law assessment
Woska, Jan ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Manipulation with the course or with the result of sports competitions and its criminal law assessment Presented thesis is concerned with the issue of manipulation of sports competitions. It's pivotal task is to evaluate whether current criminal law legislation provides effective provisions for the prosecution of those who manipulate with the course or with the final outcome of sports events. Although this negative phenomenon is not utterly new, in fact some of its forms are almost as old as the sport itself, in recent years the severity of this threat has grown rapidly. Modern era has opened up a wide range of brand new possibilities for fixers while sports associations and states were simply unprepared for such peril. Especially betting-motivated manipulation of sports competitions, thanks to its global nature and involvement of betting criminal organizations poses a serious challenge for law enforcement agencies. Furthermore, throughout the thesis the author puts forward an examples demonstrating the permanent presence of another elemental form of manipulation in sports environment - the one which is motivated by achieving of sports results. Although forms of manipulation in sport may differ, what they have in common is that usually all of them represents the threat not only to the integrity of...
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The concept and legal consequences of the transgression of the limits of self-defense and necessity
Strakošová, Kristýna ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The concept and legal consequences of the transgression of the limits of self-defense and necessity The object of this diploma thesis is criminal institute of self-defense and necessity and legal consequences of their transgression. These circumstances excluding the illegality release an act of person, who prevents a directly imminent danger or attack, from illegality as an element of the crime. We find the importance and indispensability of these institutes in possibility of use of self-help in favor of the protected interests, without a threat of penal sanction. This work is mainly focused on situations where legal conditions and limits of self- defense and necessity were transgressed, which caused their criminal liability. Even here it is desirable to apply more benevolent approach towards the offender than to other perpetrators of common crimes, because otherwise self-defense and necessity is considered a positive phenomenon. After a brief introduction, in the first part of this diploma thesis, the author deals with circumstances excluding the illegality in general and with the concept of illegality itself. In the second part, the author deals with the definition of the term and conditions of necessity and mainly focuses on explanation of the unclear and questionable elements of necessity. In...
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The crime of disorderly conduct at sports events
Janda, Patrik ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
This thesis deals with the current issue of spectator violence. We can observe increased attention of media regarding this issue in these days, but author doesn't think it's so serious problem how media presents. The content of this thesis is divided into ten chapters whose aim is to comprehensively characterize the issue. Thesis is characterized in particular by exceeds of the criminal law to other disciplines such as criminology and psychology and using empirical statistical data. The author sees the issue not only from the point of view of public aspect such as criminal law, but also as a administrative law and considerable space is devoted to a private law focused on the relationship between the organizer as a seller and spectator as a customer. The first and second chapter focuses on the historical development of legislation in the territory of the Czech Republic from 1852 and analysis of the current legislation, where occupies considerable space explanations vague legal terms, arising from the statutory regulation. In addition, this thesis allowed to the readers an insight into the laws of selected countries relating to the offense of disorderly conduct. The third chapter is working with psychological concepts. The author tries to explain the phenomenon of spectator violence with use of those...
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The status of witness in czech and french criminal procesure - comparison
Vlachová, Tereza ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The status of a witness in Czech and French criminal procedure - comparison The subject of my thesis is a comparison of the status of a witness in a Czech and French criminal procedure. I have chosen this theme because I'm interested in criminal law and I also pursue studying French law. During this activity I found an institute of assisted witness which is completely unique and unknown in a Czech legal environment. This thesis is divided into three parts, at first I focus on the status of a witness in Czech legislation, the second part contains a French regulation and the third is a comparison of those two. The first thing in a first part is a determination who the witness is and who can be a witness in a criminal procedure. Then I concern with rights and duties which the witness owns and must fulfil during the proceedings. Next chapter deals with a course of an examination of the witness and with questions connected with an examination, e.g. tactics of examination. In the next chapter there is possible to find out specifics of a situation when the witness is a minor. Next important aspect is also a protection of a witness who is jeopardized because of a provision of a testimony. We can also find out conditions and methods of providing the protection. I affiliated two particular chapters in...
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The role of public prosecutor in the preparatory criminal proceedings
Blagodárná, Ivana ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The role of public prosecutor in the preparatory criminal proceedings The thesis on The role of public prosecutor in the preparatory criminal proceedings attempts to comprehensively analyse the role and activities of the public prosecutor in the criminal proceedings. The public prosecutor is the significant subject and also the party in the criminal proceedings. His role in the criminal proceedings is irreplaceable and he is able to fundamentally affect the preparatory criminal proceedings through his activities. It depends on him whether the accused will be bring to court or the case will be already terminated in the preparatory criminal proceedings. The paper is dividend into four chapters. The first chapter outlines the historical development of the public accusation in the Czech lands from the the beginning until the present. As the thesis deals with the role of public prosecutor in the preparatory criminal proceedings, so the second chapter deals with the preparatory criminal proceedings and it describes its aim, kinds, periods and functions. The third chapter deals with the role and the competence of the public prosecution in the Czech legal system. There are defined basic principles and rules of the activities of the individual public prosecutors. The fourth chapter represent the very core of...
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The issue of the concept of criminal custody
Beňák, Ondrej ; Hořák, Jaromír (advisor) ; Bohuslav, Lukáš (referee)
The thesis deals with the issues of pre-trial detention in the criminal procedure of the Czech Republic. It comprises and compares opinions voiced by various scholars, high courts and myself. The thesis also includes a section about the rules of pre-trial detention in the American federal criminal procedure and compares it with the Czech system. The first part of the thesis is the Introduction, in which the goals of the thesis are set out. The second part is the main part of the thesis and it is divided into five chapters. The first chapter consists of a general description of pre-trial detention in the Czech Republic and the principles that govern it. The second part is called Formal Rules of Pre-Trial Detention, and it deals with the issues of competence, court procedure and decision-making. The third chapter is where the focus point of the thesis lies, as it investigates the conditions of ordering a pre-trial detention of a person and adresses the numerous problems that arise in this area. The fourth chapter describes the conditions for pre-trial release of an accused person, including the legislative changes recetly made in this area. The fifth chapter explores the American federal criminal procedure and compares it with the Czech criminal procedure. It also includes American scholars'...
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Participation of a defense attorney in preliminary procedure
Dvořáčková, Eva ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The right to have the assistance of defense attorney and to consult with him the way of defense is a part of the right of defense - a basic right in democratic countries, which is expressed in article 40 of Charter of Fundamental Rights and Basic Freedoms and also in various international treaties. The function of defense attorney in the criminal proceedings is irreplaceable. He provides legal aid though all stages of criminal procedure, but I concentrate on his role in preliminary procedure. The defense attorney defends his client from the beginning of criminal prosecution, but advocate can render help even before the criminal prosecution starts, during providing explanation. A right of defense attorney to search out evidence, present evidence and put it forward belongs among the means, which a defense attorney can use to defend his client and affect the course of criminal proceeding. Another right of defense attorney is to participate in the investigative act and the right to see the criminal file. Other rights of the defense counsel are listed in §41 of the criminal procedure code. My thesis is divided into six chapters. The first chapter deals with the right of fair trial and a right of defense. The following chapters describe preliminary procedure and the role of defense attorney in particular forms of...
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Criminal liability in sports area
Šír, Roman ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
This thesis is dealing with the issue of a sportsman criminal liability in situations where he causes or attempts to cause injury and commits the offence against the health and life of a person. The thesis aims to describe and explain fundamental terms of the issue together with its the historical review, with regards to the autonomy of sport, the relationship of the sport rules with the legal rules of criminal law. The core part of the thesis devoted to the research of the issue with respect to relevant statutes, sport self governing rules, legal literature and judicial decisions. First part of the thesis is consisted of legal analysis on whether injury caused during sport can amount to criminal offence. Such legal analysis is conducted in a manner whereby the the individual ingredients of an offence are confronted with conduct of sportsmen. The author does not forget to apply circumstances excluding criminal liability in the field of sport injuries. The applicable circumstances are the consent of the injured, excusable risk, exercise of rights and permitted activity. The conditions for individial circumstances to apply are thoroughly analysed. These condition are confronted with the circumstances in sport`s field in light of sport injury. The thesis also deals with the theories of the criminal...
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