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Crime relating to the abuse of addictive substances
Koula, Ivo ; Heranová, Simona (referee)
Název práce, abstrakt a klíčová slova v anglickém jazyce Title Criminal offences related to substance abuse. Abstract The main purpose of this work is to acquaint the reader with the Czech legal regulation of the so-called drug criminal offenses defined in the provisions of Sections 283 to 287 of the Criminal Code in the view of substantive law. This work will provide a general description of individual relevant crimes, their interpretation, as well as analysis of some terms that are associated with these crimes and which are still under discussion. Overall, the work is divided into six parts. The first part is devoted to the explanation of several basic terms, which are used in the work and whose understanding is necessary to understand the rest of the text, as well as the purpose of some legal provisions, which are further addressed. The second part deals with the issue of addictive or narcotic and psychotropic substances as such. This part provides several possible variations of the classification of these substances into groups and subgroups according to various aspects. Finally, the individual groups of addictive substances are mapped with regard to their characteristic psychoactive effects, toxicity or ability to induce psychological or physical dependence on an individual. For each of the groups of...
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Subsidy fraud and damaging the financial interests of the European union (Section 260 of the Penal Code)
Roušar, Ladislav ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Subsidy fraud and damaging the financial interests of the European union (Section 260 of the Penal Code) Abstract This thesis is focused on Czech and European legal framework of fight against subsidy fraud. The thesis also focuses on practices and general concepts of institutions which are tasked with fighting fraudulent conducts. The method of processing is mainly analysis and description. The thesis is structured in three parts. The first part brings attention to the characteristics of subsidy fraud as codified in section 212 of the Czech penal code. The chapter includes authors' suggestions of changes to the section 212. The second part presents analysis of crime of damaging the financial interests of the European union as codified in section 260 of the Czech penal code. The chapter includes authors' suggestions of changes to the section 260. After that international and European legal framework, which represents foundation of Czech legal framework, is thoroughly observed. The thesis explores the history of fight against fraud in the European union and its predecessors from the beginning to current days. Further attention is brought on European institutions tasked with fight against fraud, specifically European Public Prosecutor's Office and European Anti-Fraud Office. Possible weaknesses in the concept...
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Criminal Liability of Legal Persons
Hainz, Filip ; Jelínek, Jiří (advisor) ; Heranová, Simona (referee)
Title of the Diploma Thesis: Criminal Liability of Legal Persons Abstract: Through this diploma thesis, the author presents a comprehensive summary of the phenomenon of criminal liability of legal persons, to the individual contexts of which presents his considerations. He discusses this phenomenon from many points of view, which correspond to the structure of his diploma thesis, as it forms its individual parts. These aspects are the legal theoretical background of this issue; the historical development of the phenomenon, including common law and civil law culture; legislative developments in the Czech Republic; positivist analysis of the applicable substantive legislation contained in Act No. 418/2011 Coll., On Criminal Liability of Legal Entities and Proceedings against them; a comparative analysis of the substantive legislation of the Czech and Slovak Republic and the subsequent summarization of the application of this new form of liability in the practice of the Czech courts. The stated goal of this diploma thesis is a comprehensive acquaintance with relevant aspects of this phenomenon, whereas focus of this diploma thesis is, in addition to the analysis of the valid substantive legislation of the Czech Republic in this area, especially on the above-mentioned comparative analysis of this legislation...
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Protection of the Injured Party in Criminal Proceedings
Medová, Lucie ; Jelínek, Jiří (advisor) ; Heranová, Simona (referee)
Protection of the Injured Party in Criminal Proceedings The diploma thesis deals with the issue of the injured party and his protection in criminal proceedings. Its main goal is to analyze the position of the injured party in criminal proceedings and to analyze in more detail his selected rights, which in this proceeding serve to protect him. The partial goal of the thesis is to summarize the most important aspects of adhesion proceedings and draw attention to the shortcomings of the protection of the injured party in criminal proceedings de lege lata. To meet this goal, the core of the work is divided into three main parts. In the first chapter, the thesis deals with the injured party as a subject and a party to criminal proceedings, negative and positive definition of the term victim, categorization of this term, the issue of victim representation, the issue of victims according to Act No. 209/1997 Coll. and Act No. 45/2013 Coll. and categorization of the rights of the injured party. Since the aim of the thesis is not to exhaustively analyze all the rights of the injured party arising from the Criminal Procedure Code, only the selected rights are analyzed in more detail. This section presents examples of the recent extensions of the rights of the injured party. The next part of the diploma thesis...
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Participation of barrister in preliminary proceeding
Franc, Tomáš ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Participation of barrister in preliminary proceeding Abstract (ENG) The right of defense I one of the fundamental human rights and one of the most important rights connected with the right to judicial and other protection granted to each person by the Charter of fundamental rights and freedoms. The right of defense includes the right of everyone to defend himself, the right for proceeding of law enforcement authorities, which will ascertain the real situation without reasonable doubt and in particular the right to have and to consult with the barrister. Pursuant to section 35 subsections 1 of the code of criminal procedure, only an attorney, who can be represented by a trainee for individual acts of criminal proceedings, may be the barrister in criminal proceedings. The code of criminal procedure presupposes that the person, which is prosecuted, chooses his or her barrister. In the event that the barrister is not chosen by the accused, although he must have him according to the law, the barrister will be appointed for the duration of the reasons for the necessary defense. Cases of necessary defense are laid down in section 36 of the code of criminal procedure. They are for example proceedings against and accused in custody or proceedings against a fugitive. Barrister's basic rights and obligations are laid...
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Imposing punishments on adults
Nechanická, Kristýna ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Imposing punishments on adults Abstract My diploma thesis deals with the issue of imposing punishments on adult persons. This thesis attempts to cover a very broad range of issues related to the topic and to provide readers with a clear and comprehensive overview. For this purpose, this thesis is presented in four main consecutive parts, each divided into several subchapters. The first chapter briefly introduces the history of punishment and the individual historical criminal codes used in the area of the present-day Czech Republic from 1787 to now. The second chapter begins with a definition of punishment. This term is closely associated with the purpose of punishment, which is harder to define due to the lack of a clear definition in currently applicable legislation. This is why this chapter also deals with the theory of punishment and its purpose. The cornerstone of this thesis comprises the explanation of the main principles governing the imposition of punishment that is provided in the third chapter. This part is rather extensive in scope as it explains general principles, determining the type and the scope of punishment, as well as mitigating and aggravating circumstances and the closely related exclusion of double punishment. Given the current circumstances, I also touched upon punishments imposed...
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The crime of fraud pursuant to Section 209 of the Criminal Code
Marešová, Markéta ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
The crime of fraud pursuant to Section 209 of the Criminal Code Abstract The topic of this Diploma Thesis is the crime of fraud pursuant to Section 209 of the Criminal Code. The crime of fraud is one of the property crimes, a category of offences with a high share in total crime in the Czech republic. The Diploma Thesis provides a comprehensive overview and analysis of the substance of the offence of the crime of fraud and focuses on problems present in today's application practice. The Thesis is divided into seven logically arranged parts. The first part briefly describes the historical development of the crime of fraud from early feaudalism to post-1989 development. The second part of the Thesis addresses current legislation governing the crime of fraud, it opens with a general classification of property crimes and continues with an analysis of the constituent elements of the crime of fraud. From the objective point of view, the issue of determining the amount of damage, the importance of the injured party's ability to avoid mistakes and the possibility, or impossibility, to commit the crime of fraud by luring debt are more discussed. This part also includes a chapter dealing with the continuation of the crime of fraud and a chapter dealing with the principle of subsidiarity of criminal repression, as it...
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The crime of drunkenness under the section 360 of the Criminal Code and its current issues
Šatrová, Barbora ; Heranová, Simona (advisor) ; Říha, Jiří (referee)
Název diplomové práce, abstrakt a klíčová slova v anglickém jazyce Title: The crime of drunkenness under the section 360 of the Criminal Code and its current issues Abstract: The Thesis primarily deals with possible theoretical approaches to the crime of drunkenness in continental law and with its legal regulation de lege lata in the Czech Republic. Further, the constituent elements of drunkenness are analysed, and the concept of actio libera in causa is not forgotten either. The provision on the crime of drunkenness under the Czech Criminal Code is also compared to the provisions in other states that are territorially and historically close. The approach to the crime of drunkenness is then examined from historical point of view. Second part of the Thesis concentrates on the problematic of proving the crime of drunkenness in practice in criminal proceedings, with emhasis on the role of the expert opinion in relation to the assessment of insanity and on the process of detecting addictive substances in the body system of an accused. The thesis also contains an analysis of some judicial decisions in which courts of first instance dealt with the crime of drunkenness. Key words: crime of drunkenness, insanity, addictive substances, expert opinion
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Active repentance in criminal law
Kučerová, Karolína ; Jelínek, Jiří (advisor) ; Heranová, Simona (referee)
The thesis is focused on the issue of active repentance in criminal law. The aim of this thesis is to provide a comprehensive view of the institute of active repentance and its importance in the area of extinction of criminal liability, and to verify whether this underused institute in criminal law has its merits. In addition, the thesis tries to draw attention to some shortcomings and problems that this area of criminal law is facing, especially considering relevant court case law. The thesis is divided into four chapters. The first chapter deals with the extinction of criminal liability in general, focusing on all reasons causing the extinction of criminal liability of the offender. An essential part of the first chapter is also a brief historical excursion, which allows comparison with previously effective legislation. The second chapter covers active repentance itself and describes the conditions of application of active repentance not only in relation to adult offenders, but also in relation to juvenile offenders and legal entities, where the active repentance shows some differences. The third chapter contains special cases of active repentance contained in a special part of the Criminal Code. It deals with all five crimes that have their own special arrangements for active repentance. The...
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Current problems of criminal sanction of domestic violence
Králová, Lucie ; Heranová, Simona (advisor) ; Jelínek, Jiří (referee)
The thesis deals with domestic violence, the current national criminal legislation regarding it and its shortcomings. The first chapter deals with the phenomenon of domestic violence, mainly the definition of the term. Next it includes the characteristic signs of domestic violence, the forms in which it may present, causes of domestic violence and the myths about domestic violence present amongst general public. The second chapter focuses on the individual subjects, meaning the perpetrator and the victim. In the first part of the chapter, the perpetrator is described and the basic typologies are presented. The second part of the chapter first describes the "ideal victim" myth and then presents the individual characteristic victim groups - women, men, children, senior citizens and LGBT community. In the third chapter, the thesis deals with the current criminal legislation of the Czech Republic. The first subchapter deals with the substantive law and analyses five of the crimes that are often committed in situations of domestic violence, especially the crime of Maltreatment of a Person Living in Common Residence and the crime of Maltreatment of Entrusted Person. The second subchapter deals with the procedural law and describes the standing and role of the injured person and the victim, the Consent of...
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