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Imposition of punishments on adults
Pechan, Richard ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Imposition of punishments on adults Abstract This work is focused on the topic of imposition punishments on adults. The first part defines the concept and purpose of punishment. The characteristics of these concepts are a prerequisite for understanding the following chapters. Retributive, utilitarian and mixed theories of punishment are defined here. The individual functions of punishment are also described here. Another chapter is devoted to the principles of sentencing. The core of the work deals with the gradual analysis of individual criteria that the court takes into account when imposing punishments, together with issues of mitigating and aggravating circumstances. In the final part, attention is paid to the concurrence of crimes, recidivism and their punishment. This part begins with a definition of simultaneity and further elaborates on the three main principles governing the imposition of punishment. Finally, it also provides a detailed overview of the legal concepts of concurrent and aggregate sentences. The thesis is supplemented by selected judgments of the Constitutional Court and the Supreme Court. The main goal of this work is to collect and provide as much information as possible on the issue of imposition of punishments on adults, as well as to analyze the theoretical foundations of this...
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Imposing punishments on adults
Koubová, Michaela ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Imposing punishments on adults Abstract This thesis deals with the imposition of punishments on adult offenders. The introductory chapters are devoted first to the definition of the concept of punishment and its position in relation to protections measures, and then to the system of punishment, within which the different types of punishment and their classification according to various criteria are discussed. A substantial part of the work is devoted to the interpretation of the issue of the purpose of punishment, which is the starting point for the imposition of punishment. The purpose of punishment is described using the three main theories of punishment, namely retributive, utilitarian and mixed theories. These theories, their approach to the purpose of punishment and their historical development are discussed in more detail, including their various modifications. This chapter also deals with the purpose of punishment in the Czech legal system and, in connection, with the question of the primary and secondary purpose of punishment. This chapter also includes a separate discussion of the issue of general and individual prevention, which is important in terms of distinguishing the different approaches to the purpose of punishment according to the above-mentioned theories of punishment. Closely related to...
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Compensation for non-material damage in the event of injury and death in collateral proceedings
Regnerová, Eva ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
Compensation for non-material damage in the event of health injury and death in adhesive proceedings Abstract The topic of this diploma thesis is compensation for non-material damage in event of health injury and death in adhesive proceedings. This is a complex topic in which the provisions and principles of criminal and civil law intertwine. Adhesive proceedings are an institute of criminal procedural law that allows the injured party to recover damages, non-material damage and unjust enrichment during criminal proceedings without having to proceed in civil proceedings. Non-material damage is an institute of private law; when deciding on the amount of non-pecuniary damage, the court decides on the basis of private substantive legal provisions. The first part of the theis is focused on the position of the injured party in criminal proceedings. The thesis first defines the position of the injured party, his rights, the possibilities of his representation. The main emphasis is placed on the conditions for claiming the injured party's claim, so that for procedural reasons the injured party is not referred to civil proceedings. In the second part of the work, non-material damage is dealt with, first in case of personal injury, in the next part in case of death. In both of these separate chapters, the current...
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Alternatives to unconditional sentence of imprisonment
Sadecká, Aneta ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
Alternatives to unconditional sentence of imprisonment Abstract This Master's thesis deals with the topic of alternatives to unconditional sentence of imprisonment whose purpose is to eliminate negative consequences associated with imprisonment. The thesis consists of an introduction, nine chapters and a conclusion. The first chapter is dedicated to punishment itself as a term, its purpose and functions and its elementary principles. The second one deals with penal system, sentencing and hierarchy of penalties as well as history of this topic and even an evolution of imprisonment. Furthermore, this chapter gives an insight into the penal policy, its development and individual elements which has an impact on its adjustment and functioning. These chapters are cornerstone for the rest of the thesis. The aim of the fourth chapter is the evaluation of all negative impacts of unconditional sentence of imprisonment on both the prisoners and society. It also evaluates significant economic consequences. The fifth chapter is centered on definition of both substantive and procedural alternative measures and activities of the Probation and Mediation Service which are crucial to alternative sentences enforcement. The sixth chapter is devoted to a complex analysis of essence of alternative measures also focuses on their...
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Verbal hate speech and the legitimacy of its criminal punishment
Geržičák, Martin ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Verbal hate speech and the legitimacy of its criminal punishment Hate speech has been enjoying an elevated level of media attention in the last few years. These biased expressions of hate - most often verbal - targeted against specific groups of people are a manifestation of social antagonisms and as such, disturb public order and coexistence of people; furthermore, they are often associated with issues of prejudice, bias-motivated violence, xenophobia, discrimination, and extremism. Criminal punishment of this type of expression is already possible today and it can be reasonably expected to become increasingly important. The purpose of this thesis is a critical review concerning the legitimacy of criminal punishment of verbal hate speech in the Czech Republic, including identification of troublesome elements of the current legislation. Conclusions of this review shall stem primarily from the legal analysis of constituent elements of relevant crimes, commentary literature, jurisprudence and legal literature related to the topic. The first chapter aims to explain the central concepts - hate speech, verbal hate speech and the relationship between them. A closer look is given to the phenomenon which links these concepts together and, at the same time, constitutes an inherent part of them both: biased...
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THE CRIME OF MURDER - JURISTIC, CRIMINOLOGICAL AND FORENSIC ASPECTS
Zárubová, Tereza ; Mulák, Jiří (advisor) ; Beranová, Andrea (referee)
1 THE CRIME OF MURDER - JURISTIC, CRIMINOLOGICAL AND FORENSIC ASPECTS ABSTRACT The objective of this diploma thesis is to formulate complex view on the crime of murder from the perspective of three scientific field - juristic, criminological and forensic - and in three parts to create comprehensive set of information about the most serious crime against human life. First part is dedicated to juristic aspects and it contains development of legislation in time, which by its gradual adjustements led to current legislation. Then the current legislation of the crime of murder is described in details and it is also compared with other crimes against human life and with legislation of selected states. In one of the chapters there is definiton of euthanasia, which is illegal in Czech republic, but this thesis offers comparation with legislation in other states, where euthanasia is legal. In the second part the crime of murder is described with criminological aspects. There are many statistics and graphs showing state, structure and dynamics of this crime in the Czech republic in past few years. One chapter is dedicated to a offender, including psychological treatise, statistics based on gender or relaps, and information about motives for committing. Next chapter is dedicated to the victims and it offers graphs and...
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An injured party and a victim of crime
Kadeřávková, Martina ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
An injured party and a victim of crime Abstract This master's thesis deals with the legal status of the injured party and the victim of a crime. The aim of this master's thesis is to describe the legal regulation of the victim and injured party in the Czech Republic, to draw attention to its shortcomings and to present proposals de lege ferenda. The author uses a descriptive method and critical analysis. The first and seventh chapters also contain a comparison with foreign legislation. The master's thesis is composed of the introduction, eight chapters and the end. The first half of this master's thesis deals with crime victims. The first chapter deals with the general definition of the victim of crime. It also mentions the importance of the victim to criminal law. The next chapter is focused on victimology and its elemental terms. The third chapter includes legal regulation in the Czech Republic. The author deals with situation before the Act 45/2013 Coll., the Victims of Crime Bill, its executive legal regulations and Act 59/2017 Coll. The fourth chapter discusses in detail the rights of victims: the right to professional assistance, the right to information, the right to protection from imminent danger, the right to privacy, the right to protection from secondary harm and the right to financial...
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The crimes against human dignity in sexual area - criminal and criminological aspects
Mrázková, Barbora ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
The crimes against human dignity in sexual area - criminal and criminological aspects Abstract: The thesis deals with those crimes that affect the most intimate area of human life, the sexual area. It analyzes those crimes from a criminal point of view and compares the current Czech legislation with the legislation in Spain. Based on this comparison, the thesis contains several considerations de lege ferenda, which could improve the current Czech legislation. As the chosen topic is strongly affected by forensic science and criminology, the thesis also deals with sexual crimes from the point of view of these scientific disciplines. From a criminological point of view, the thesis examines the personality of the perpetrator and the victim. With regard to perpetrators, it deals primarily with the motives, motivations and typology of perpetrators in general. In relation to victims the thesis finds out, in particular, how committing these crimes affects their lives (including secondary victimization) and deals with their position from a procedural point of view. In the part dealing with forensic science this thesis describes the specifics associated with the investigation of this type of crimes. In order to determine whether these procedures are effective, the first part contains statistical reports showing...
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Assisted suicide in the perspective of the Czech criminal law and a comparison with the common law
Kosinková, Karolína ; Vokoun, Rudolf (advisor) ; Mulák, Jiří (referee)
Assisted suicide in the perspective of the Czech criminal law and a comparison with the common law Abstract The strict prohibition on assisted suicide does not reach full acceptance among the members of the Czech society, regardless of their professional or non-professional background, similarly as it did not reach full acceptance in some of the common law countries, which consequently departed or are soon to depart from this regulatory conception. The objective of the two so far proposed Czech bills was identical, however, owing to the lack of clarity and detail, which certainly did not amount to the seriousness of the issue they aimed to regulate, none of them was successful. Hence, the legislative works were recommenced last year and resulted in the third bill, which claimed to be much more elaborative on the key issues and accordingly precise in the usage of language. Although the bill has not been introduced yet, the assumptions based not only on the territorial proximity are, that its prime source of inspiration resided mostly in the permissive regulatory attitude towards assisted suicide (or voluntary, active and intentional, euthanasia) as implemented in the European countries. However, notwithstanding the utter differences in the conception of the common law legal system, especially for such...
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Crimes Against Family and Children - Criminal and Criminological Aspects
Josieková, Vladislava ; Mulák, Jiří (advisor) ; Beranová, Andrea (referee)
Crimes Against Family and Children - Criminal and Criminological Aspects This thesis gives an expert and comprehensive interpretation of the issue of crimes against the family and children as a whole and examines these crimes from both the criminal and criminological points of view, providing the reader with an interpretation beyond the definitions provided by textbooks or commentary literature. In order to achieve these objectives, the work is divided into four chapters. The first chapter deals with the establishment of special protection of family and children in the legal order of the Czech Republic and its development, not only with regard to criminal law protection, but also on the matter of protection of children, and family in the field of international law, as well as national protection already guaranteed by the Charter of Fundamental Rights and Freedoms of the Czech Republic. The second chapter of this thesis is divided chronologically into nine parts, which are named after the individual crimes contained in Title IV of the Criminal Code. The interpretation focuses on the analysis of the central concepts necessary to understand the issue of the offence in question, and the individual offences are examined in particular with regard to the characteristics of the facts of the individual...
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