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Securing instruments and investigative means in relation to attorney's duty of confidentiality
Turnhöfer, Michal ; Říha, Jiří (advisor) ; Bohuslav, Lukáš (referee)
The present thesis addresses the issue of obtaining and gathering information in criminal proceedings which is subject to attorney-client privilege, and its subsequent use in criminal proceedings. The issue is rather complex, as de lege lata there is no comprehensive legal regulation addressing it in a satisfactory manner. The objective of the thesis is to find legally correct and fair solutions in respect of the protection of the attorney-client privilege, on the one hand, and the societal need to obtain and gather evidence effectively for the purposes of criminal proceedings, on the other hand. The thesis provides a general description of the attorney-client privilege and legal assistance, on which the attorney-client privilege is based, and it also contains specific application problems encountered in connection with the use of means of obtaining evidence and gathering criminal intelligence pursuant to the Criminal Procedure Code. Such application problems are dealt with using methods of analysis, synthesis, analogy, comparison, with the results being generalized. Last but not least, the thesis provides an outline and comparison of the relation between the attorney-client privilege and other professional privileges, focussing on the options of obtaining different types of information. The author...
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Back analysis of embankment dam and prediction of its behaviour during accidental design situations
Krajčovič, Ján ; Říha, Jaromír (referee) ; Chalmovský, Juraj (advisor)
Diplomová práce představuje vytvoření softwarového 2D MKP modelu přehrady Slezská Harta v České Republice za pomoci softwaru PLAXIS 2D. V úvodu práce je analýza vodní nádrže, vytvořené jako zásobárna vody a protipovodňové dílo. Analýza sleduje geomorfologii, geologii, konstrukci tělesa hráze, použité materiály a metody, a stávající monitorovací zařízení. Pro pochopení tvorby 2D MKP modelu jsou předloženy a definované metody použitých analýz - metoda konečných prvků, analýza prosakování, materiálové modely, citlivostná analýza. Následně byla definována tvorba struktury modelu - určení posloupnosti použitých analýz, definování vstupních dat a mezních podmínek a tvorba kalibračního segmentu. V závěrečné části práce je analýza dosažených výstupů rozsáhlého testování modelu, jejich korelace s reálnými naměřenými hodnotami a celkové shrnutí přínosu vytvořeného modelu pro jeho využití při předpovídání chování přehrady v extrémních případech.
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Performance of Private Equity Backed IPOs: Evidence from European Market
Říha, Jakub ; Fencl, Tomáš (advisor) ; Pečená, Magda (referee)
This thesis investigates the performance of private equity backed IPOs. We have examined the European market in the period between 2000 and 2017 when the IPO activity experienced enormous growth. The main task was to assess whether the PE-backed IPOs evince superior performance when compared to their non-sponsored peers and the market. Further, we have examined the effect of the so-called valuation drivers on the IPOs' performance. To assess the IPOs' performance, we used the buy-and-hold abnormal returns with bootstrapped skewness adjusted t-statistics. In case of the valuation drivers' effect, OLS regression was applied. The main findings were that the PE-backed IPOs in Europe overperforme the market, mainly due to IPOs in the UK and Western Europe. The PE-sponsored IPOs also overperforme their non-sponsored peers, mainly due to IPOs in the UK, Western and Northern Europe. In case of the valuation drivers, we observed several significant correlations, however, their explanation power was negligible.
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The admissibility of evidence in the Czech criminal proceedings
Zaoralová, Petra ; Jelínek, Jiří (advisor) ; Záhora, Jozef (referee) ; Říha, Jiří (referee)
This PhD thesis focuses on the admissibility of evidence in criminal proceedings. Appropriate setting of limits of admissibility of illegally obtained evidence in the criminal proceedings is not only regarded as one of the main guaranties of fair justice system, but also represents topical and vital issue which raises number of legal dilemmas. The importance of the topic has been increasing recently as gathering of evidence in criminal proceedings often conflicts with the fundamental rights of individuals that are subject to severe limitation on constitutional and especially international level and that are broadly endangered during the process of collecting evidence. The core of the thesis lies in the in-depth analysis of current legislation, jurisprudence and case law dealing with the issue. Within the framework of that analysis, all of the important and disputed questions relating to the general aspects of admissibility of evidence are examined from the perspective of jurisprudence and case law; the knowledge is enriched with real practical impacts on domestic judicial practice. Special attention is paid to the issues related to the exclusion of illegally obtained evidence from the process of evaluating evidence and forming final decision on the case. The thesis does not overlook the problems...
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Traffic crime and its prevention
Zemanová, Michaela ; Říha, Jiří (advisor) ; Hořák, Jaromír (referee)
This thesis deals with the issue of traffic crime and its prevention. The topic of traffic crime is a current issue, because transport is a dynamically evolving sector of the economy, but it also brings negatives that affect the most important social values, human life and health. The aim of the thesis is to give a comprehensive treatise on traffic crime, its causes and prevention and to focus more closely on the analysis of criminal offences in traffic. Traffic crime relates to all types of transport, but this work focuses on road transport. The mainstay of the thesis is the analysis of the effective legislation, in particular the criminal law and the assessment whether it meets the requirements of the current situation or it needs to be modified. Traffic crime evolves just like traffic itself. Road users behave differently than they used to. Therefore, the legislation should react and not lag behind. It is important to keep on improving road safety. The thesis consists of five parts. The first one introduces the reader to the topic and explains the key concepts. The second one holds forth on various facts of the cases and provides reflections de lege ferenda. The third one describes the factors causing traffic crime and traffic accidents. The fourth one deals with addictive substances and their negative...
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The crime of torture and other inhuman and cruel treatment
Skovajsová, Klára ; Říha, Jiří (advisor) ; Tejnská, Katarína (referee)
The crime of torture and other inhuman and cruel treatment Abstract This master thesis concerns itself with a concept of torture and other cruel, inhuman or degrading treatment or punishment and how is this concept perceived through the international, regional and last but not least national system of law. Not to mention particular efforts aiming at the eradication of torture and other forms of ill treatment in the context of all the systems of law mentioned above. At the very beginning I am trying to deal with very specific historical approaches towards the torture and other forms of ill treatment themselves. Through this I am trying to provide for more comprehensive view on the given problematics as well as better understanding of why are torture and other forms of ill treatment still subject to controversy. Following chapter is dedicated to legal anchoring of the prohibiton on torture and other forms of ill treatment, especially within the international and regional system of law including particular attempts to define torture and other cruel, inhuman or degrading treatment throughout these systems mentioned above. Next chapter concerns itself with the conception of prohibiton on torture and other forms of ill treatment as a part of the system of fundamental human rights and freedoms followed by thorough...
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Participation
Nechutná, Klára ; Říha, Jiří (advisor) ; Krupička, Jiří (referee)
1 Abstract The diploma thesis is focused on the historical development and the basics of current legal regulation of participation in the Czech Republic. The thesis also briefly devotes to the legal regulation of participation in Italy. Participation is undoubtedly one of the most problematic elements of the criminal law. However, it is an indispensable part of it and without which it would be impossible to fulfil the main purpose of criminal law - the protection of society. Despite the abovementioned, it is not paid sufficient attention to participation by the legislature neither by the legal community. The purpose of the thesis is to provide the reader a comprehensive knowledge of participation in the narrow sense, including the criticism of the most problematic aspects of the current legal regulation. It focuses mainly on the conditions of criminal liability and the basic characteristics of the individual forms of participation in the narrower sense in Czech and Italian legal regulations. This thesis compares and evaluates mentioned institutes. Points problematic aspects out and introduces possible solutions of future legal regulations. The aim of the diploma thesis was achieved by analysis of legal literature, case law and relevant legislations. The diploma thesis is divided into six chapters. The first...
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The Criminal Liability of the Organizer of a Criminal Offence
Brandtner, Anna ; Říha, Jiří (advisor) ; Tejnská, Katarína (referee)
01 The Criminal Liability of the Organizer of a Criminal Offence Abstract This thesis focuses on one of the modalities of participation - on organizing. The provisions of Section 24 (1) a) of Act No. 40/2009 Coll. of the Criminal Code mentions organizing in the first place, indicating that it is the most serious form of participation. Organizing is also a form of participation which is quite specific to the Czech legal order. Foreign legal regulations often consider the Czech organizer to be the offender. The aim of this thesis was to thoroughly discuss the organizer of a criminal offence, to evaluate the reason for the frequent criticism of his inclusion among the participants of the crime and to suggest how should this legal institute be adapted. The thesis is divided into seven chapters, the first of which is the introduction and the final is the conclusion. The first part of this thesis deals with the theoretical foundations of participation. It briefly describes the possible approaches to the offender and the fundamentals of the unitary and the differentiated system, including their advantages and disadvantages. The meaningfulness of a differentiated system depends on the successful separation of the key persons involved in the criminal act from the less important ones. The following chapter focuses on...
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Agreement on guilt and punishment
Šimek, Jaromír ; Říha, Jiří (advisor) ; Tejnská, Katarína (referee)
This master's thesis focuses on the subject-matter of agreement on guilt and punishment. It became a part of Czech Criminal Procedure Code by the enactment of Act no. 193/2012 Coll. The plea bargaining, which is widely spread and used in common law countries, served as an inspiration. It should have primarily enhanced the efficiency and speed of the criminal proceedings. It is a type of diversion which is based on a negotiation between the prosecutor and the defendant. The defendant may plea guilty and require a milder punishment in reverse, comparing to a punishment which would have been imposed if a trial took place. The conducted agreement on guilt and punishment has to be subsequently approved by the judge in a form of the approval judgement. The thesis is divided into four chapters. The first one deals with other alternative ways, by which criminal cases may be solved. The influence and potential disruption of basic principles of the criminal procedure caused by the incorporation of agreement on guilt and punishment, is described as well. A short section is dedicated to previous legislative efforts of incorporation the agreement on guilt and punishment into the Czech legal system. The second chapter outlines the contemporary legal regulation of the agreement of guilt and punishment in the...
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Agreement on guilt and punishment
Slavík, Michal ; Říha, Jiří (advisor) ; Krupička, Jiří (referee)
This master`s thesis deals with the topic of agreement on guilt and punishment, which was introduced into Czech criminal procedure code in 2012. The agreement on guilt and punishment represents an alternative way of solving criminal cases. The agreement is entered into by the prosecutor and the accused, while taking into account the interests of the injured party. A precondition of the conclusion of an agreement on guilt and punishment is the declaration of the accused that they committed the act for which they are prosecuted. The prosecutor proposes the adequate punishment for the act committed and the final version of the agreement has to be approved by the court. For the accused, this procedure means a mitigation of the sentence in exchange for a declaration of committing an act. An advantage for the law enforcement authorities is shorter and simplified criminal procedure. Other benefits of the conclusion of the agreement on guilt and punishment are the cost savings and the protection of injured parties. The institute of agreement on guilt and punishment has its origin in the Anglo-American legal system where it is one of the pillars of the criminal process. In the Czech context, however, it is a foreign and controversial institute, which is subject to strong criticism mainly by legal theorists....
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