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Current issues of money laundering
Krulcová, Aneta ; Krupička, Jiří (advisor) ; Pelc, Vladimír (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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The title of the thesis: Crime of murder and manslaughter under section 140, 141 of the criminal code
Masná, Kateřina ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
7 Abstract The title of the thesis: Crime of murder and manslaughter under section 140, 141 of the criminal code Abstract: This thesis focuses on the most serious crimes against human life, namely the crimes of murder and manslaughter under sections 140 and 141 of Act No. 40/2009 Coll., The Criminal Code. The aim of this work is to describe both of these crimes in detail, to explain the importance of punishing these crimes, to explain the reason for introducing the crime of manslaughter in our legal system, its significance, and how it differs from murder and makes it a privileged crime to the crime of murder. The purpose of this work is also, among other things, to describe the procedure of criminal investigators in the investigation of these crimes and the methodology of the investigation of intentional crimes against life. In the first part of this thesis I deal with the historical development of the legal regulation of intentional killings in our territory, starting from ancient Rome and ending in 2009, when the current Criminal Code was issued. I focus on the most important legislation that has been issued throughout history and how it regulated intentional killings. The second part copes with the crime of murder, which first outlines a general introduction to this crime, then I describe the nature of...
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Interrogation in Criminal Proceedings
Jurová, Zuzana ; Šelleng, Dalibor (advisor) ; Pelc, Vladimír (referee)
Interrogation in Criminal Proceedings Abstract This thesis focuses on interrogation in criminal proceedings, as it is one of the most often used procedures in investigation of crimes. The first chapter addresses interrogation in the context of the current legislation, i.e. how is this procedure regulated at the statutory level. In relation to the person against whom the proceedings are being conducted, it deals with the right to a formal defence, and then with the right to a material defence and its various aspects. In relation to the witness, the thesis addresses the right of the witness to be represented, the right to refuse to testify and the specifics of interrogation of certain witnesses, including a confidential witness. The second chapter addresses interrogation as a discipline of forensic science, describing how the actual interrogation is conducted in all its phases, i.e. the phase of preparation, the actual interrogation and the subsequent documentation of the interrogation. The author has not forgotten to address the specifics of conducting interrogation by means of videoconference, including quantitative research on the frequency of its use by selected courts in the Czech Republic, as well as qualitative research in the form of individual interviews with attorneys practicing criminal law on the...
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The issues of juvenile criminal justice
Raška, Vojtěch ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
The issues of juvenile criminal justice The topic of this diploma thesis is the issues of juvenile criminal justice. Under the term juvenile criminal justice we mean special legislation of mixed (substantial as well as procedural) character, which applies to criminal responsibility, sanctioning and criminal proceedings of offenders under 18 (usually from 15, exceptionally erlier in the cases of otherwise criminal acts commited by children under 15). In this thesis I set a goal to analyze the current legislation of this issue, point out legal provisions which are questionable in theory and application, as well as offer possible changes from de lege ferenda point of view, firstly by thorough analysis of literature and secondly by analyzing not yet published judicial decisions of Municipal Court of Prague, statistics of Police of the Czech Republic and other sources reflecting current trends and professional practice. The presented thesis is divided into four main parts, that are logically connected to each other and allow the reader to come through the researched issue gradually. I proceed from general theoretical explanations throught analysis of contemporary legislation and its issues to analysis of current judicial decisions. Basic terms, particularly juvenile, child, age close to minority, are...
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Rape in a comparative perspective with a focus on affirmative consent
Mrázková, Barbora ; Mulák, Jiří (advisor) ; Pelc, Vladimír (referee)
Rape in a comparative perspective with a focus on affirmative consent Abstract Rape is considered as one of the worst crimes that can be committed against another person, mainly because of the extreme interference in their intimate area. Changes in the perception of this crime can be seen in recent years both in the Czech Republic and throughout Europe. A large number of states abandoned definition of rape based on coercion and now focuse on the lack of consent of the victim. In the Czech Republic, the model based on the coercion still persists, although the Supreme Court's decisions is slowly approaching those states that have redefined this crime. These days, government and parliamentary bodies are holding seminars to discuss the need for new legislation. This thesis mainly focuses on the crime of rape from a criminal law perspective. It deals with the definition of this crime and the definition of consent in states that consider rape as sexual intercourse without the victim's consent. Based on the findings, it offers de lege ferenda considerations relating to the possible redefinition of rape in the Czech legal system, taking into account the current decisions of the Supreme Court. Its main aim is therefore to take a comprehensive view of the concept of affirmative consent and to provide a draft bill....
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Culpability in Criminal Law
Brtnová, Klára ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Culpability in criminal law Abstract The topic of the diploma thesis is culpability in criminal law, which is characterized as an internal psychological relationship of the offender to the violation or great of interests protected by criminal law. Culpability is the only obligatory feature of the subjective aspekt of a criminal offence, and therefore it is a key institute of criminal law, because without culpatibility there is no criminal offence. The diploma thesis is dividend into eight parts, including the introduction and conclusion. The first charter defines the koncept of criminal offence, its general and typice features. By fact, we mean a set of signs that show which criminal offence it is. The second charter is devoted to the historical development of culpability and is further dividend into subchapters, which each correspond to historic periods, or individual criminal laws, which came into force and effectiveness in our territory. The subjekt of interpretation in the third charter is the principle of liability for fault, its content and extent. Finally, this charter describes the construction of the facts in terms of culpability. The fourth charter deals with individual forms of culpability, incl. direct and indirect intentions and conscious negligence and unconscious negligence. Special attention...
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Criminal custody as an ultima ratio instrument
Urban, Matěj ; Šelleng, Dalibor (advisor) ; Pelc, Vladimír (referee)
Custody as an ultima ratio instrument Abstract This thesis concerns itself with the problematics of custody being an ultima ratio instrument. The aforementioned topic is based on the fact of custody being the harshest means of apprehension, which breaches the fundamental rights and freedoms of an individual in a substantial way. Firstly, this thesis describes the general characteristics of custody and the historical evolution of its legal basis in the Czech region. Then, it analyses the applicable law of custody in the Czech Republic. This body of law is split up into two larger sections, one of them being the material law of custody and the other being the formal law of custody. In regard to material law of custody, the following are mentioned in this order; general conditions for the detention of the accused, the legal reasons of custody, legal alternatives to custody and special cases of custody. In regard to the formal side of the law of custody, the following are mentioned in this order; the description and analysis of length of custody and its admissibility, the ruling in the question of custody, the court session, the objection to the court decision and the execution of custody. This part of the thesis is adjoined by a shorter chapter, which concerns itself by the inclusion of the length of custody...
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Public Prosecutor in Preparatory Criminal Proceedings
Chejstovská, Nicole ; Pelc, Vladimír (referee)
1 Abstract The aim of this Diploma thesis is to analyse in the most comprehensive way the status, authority and operation of the Public Prosecutor in Preparatory Criminal Proceedings as well as related disputable issues. The investigation of all criminal offenses, the prosecution of persons who have committed them and the supervision over the compliance with the law in the pre-trial proceedings are the core competencies of the prosecutor throughout the criminal proceedings. A public prosecutor, also known as dominus litis or "master of preliminary criminal proceedings", is responsible for the results of the preparatory criminal proceedings, and it is he who puts forward the accusation to court or decides to terminate the prosecution in the preliminary criminal proceedings. The thesis is divided into five main parts which logically follow and are interconnected. The first part is dedicated to the history of the institute of public prosecution, whose current form has been shaped by years of evolution. In the second part, the reader is broadly acquainted with the Public Prosecutor's office. The main points of this part are the disputable constitutional delimitation, the transformation of the Public Prosecutor's office after the dissolution of Czechoslovakia, the current structure, its administration and...
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Criminal sanctions of acts against the financial interests of the European Union
Sotolářová, Daniella Sarah ; Pelc, Vladimír (referee)
Criminal sanctions of acts against the financial interests of the European Union. Daniella Sarah Sotolářová Summary The ongoing integration of the European Union - and the related extension of the powers of its bodies and closer cooperation between the Member States in many areas - brings about various new challenges and urges many subjects to deal with issues yet unresolved. This also applies to the field of criminal law and to the subjects active in criminal matters. A substantial progress has been made recently at the European Union level on the way towards the harmonization of certain criminal law standards and major steps have been taken leading to the reform of the system of the institutions and bodies active in criminal matters which include criminal offences against these standards. These harmonization and reform steps have reached furthest in the area of criminal law protection of the financial interests of the European Union against acts of a fraudulent nature. However, not everything has been achieved completely in the rapid development. It still remains open - and undefined - what really belongs among those protected financial interests of the European Union. Its normative efforts came up with the concept of criminal offences of a fraudulent nature substantially exceeding the framework of what...
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Defence of a legal entity during criminal proceedings
Juránková, Sandra ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
In comparison to physical persons, the defense of a legal entity during criminal proceedings is substantially hindered. The primary reason for these difficulties lies in the very nature of a legal person as a legal fiction. This study aims to provide a comprehensive overview of this topic. This thesis is systematically divided into six chapters. The first and the second chapter serve as a theoretical basis. The first chapter deals with the definition of the legal entity and the current regulation of legal entity in private law. This thesis mainly focuses on the analysis of the process aspects of the Act No. 418/2011 Coll., on criminal liability of legal persons and proceedings against them (hereinafter "ZTOPO"), entered into force on January 1, 2012 in the Czech Republic. At the same time, it is not possible to leave out the substantive aspects of criminal liability of legal entities. Therefore the second chapter deals with the legislation of the criminal liability according to ZTOPO. It deals mainly with the person who is the subject of criminal liability of legal persons, examines how to characterize the criminal liability according to ZTOPO, its structure and the scope of criminal liability. The third chapter introduces persons, who are authorized to act as a legal entity during criminal...
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