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The crime of habitual drunkenness under s. 360 of the Criminal Code
Velich, Roman ; Říha, Jiří (advisor) ; Vanduchová, Marie (referee)
The crime of habitual drunkenness under s. 360 of the Criminal Code The purpose of this thesis could be summarized as a complex analysis of a crime of habitual drunkenness under s. 360 of the Czech Criminal Code. The described crime (sometimes named 'rauschdelikt᾿) represents one of possible approaches to a problematic question: How to hold a perpetrator who has committed a crime in mental state of insanity (irresponsibility), in which he had induced himself by use of alcohol, narcotics or similar substances, liable? As far as conformity with elementary principles of criminal law (such as 'nullum crimen sine culpa᾿) is concerned, the crime of habitual drunkenness seems to be the most suitable answer to the previous question. The crime of 'rauschdelikt᾿ is an old legal institute that is specific in many aspects. I have chosen the topic within the context of recent recodification of substantive criminal law. A previous regulation of this crime was often criticised for many reasons (e.g. improper title, too stringent penal sanction etc.). Thus we can now review if those criticised deficiencies have been set right. The thesis is divided into ten chapters. Chapter One is introductory and defines basic terminology used in the thesis, such as 'insanity᾿, 'culpability᾿ and so on. The third subchapter...
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Indirect offender
Pulec, Adam ; Říha, Jiří (advisor) ; Herczeg, Jiří (referee)
Indirect perpetration The concept of indirect perpetration applies when a deliberate crime is committed through a person which is not liable under criminal law for the act (by so-called "live instrument" or "innocent agent"). Such a person may however be held liable for another offense, but not for a deliberate crime for which she had been used. In order for an activity to be regarded as an indirect perpetration, the direct perpetrator must have a "dual intent": to commit an offense and that the innocent agent be not criminally liable. The legislation provides the following examples of indirect perpetration: use of a person not criminally liable for the lack of age or insanity, a person acting under a mistake or in self-defense, extreme emergency or other circumstances precluding unlawfulness or a person which did not act or did not unlawfully culpably, or a person which did not with a special intention or and intention presumed by the law. Indirect perpetration is in many cases similar to participation in crime (accessority), especially to counseling. The difference between indirect perpetration and participation is that the former involves using a person which is not criminally liable. The similarity between indirect perpetration and participation led some authors to refuse the former concept at...
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Crime of fraud, credit and loan fraud pursuant to section 209,210, 211 and 212 of the Criminal Code
Taschnerová, Jana ; Říha, Jiří (advisor) ; Gřivna, Tomáš (referee)
Crime of fraud, insurance, credit and loan fraud pursuant to section 209, 210, 211 and 212 of the Criminal Code The purpose of my thesis is to consider all the aspects of law structure of frauds in the Czech Criminal Code. The thesis is composed of six chapters, the first chapter dealing with the general term of economic, financial and property delinquency, while the other chapters investigate particularity of different fraud types of the Czech criminal regulation. The methodology employed was a review of the judicial decisions offering contradictory interpretation of fraud statutes. Privatisation process in 1990's started the growing trend of fraudulent actions when some people identified the lack of regulations and opportunity for gaining profit out of it. Despite the fact that we never quantify the true extent of frauds as there remians a high proportion of latent acts, the trend of frauds was (and still is) increasing. Although all the fraudulent activities were punishable pursuant the provision of fraud, damage was not always possible to be proven. Fraud involves intentional misrepresentation or concealment of fundamental information intended to result in an unauthorized benefit of a person. Impossibility to subsume abusive acts under the general fraud has led to the most significant amendment...
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Formal and material aspekt of the notion of a crime
Ranostaj, Michal ; Říha, Jiří (advisor) ; Šámal, Pavel (referee)
I. Preview The recent adoption of the new Penal code in Czech republic has entailed a range of new approaches, including new conception of the notion of the crime - a crucial institution of the penal law itself, stretching from the fundamental questions of criminal liability via the institution of an attempt to the field of penal procedure. This has give rise to multiple juridical questions, that this work aims to analyse. II. Subject of analysis One of the principal objectives of this diploma thesis is to be seen in the delineating of conclusions of the positive school of penal law and evaluating the measure to which they influenced the Czechoslovak legislation in the realm of criminal law, examining the role of the phenomenon of the social dangerousness in relation to the particular questions on the field of substantial as well as procedural law. III. Prior research Due to its extensiveness and position in the point of intersection of multiple disciplines , the points at issue have been continuously subject to academic works of numerous authors, stretching from the ancient philosophers, religious authors, canonic jurists, on shoulders of whom the modern jurisprudence had elaborated several conceptions that influenced the modern codifications and have been a significant source of inspiration to...
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Alternatives to unconditional imprisonment
Hrstka, Josef ; Tlapák Navrátilová, Jana (advisor) ; Říha, Jiří (referee)
Josef Hrstka: Alternatives to unconditional imprisonment Abstract The main purpose of this thesis called "Alternatives to unconditional imprisonment" lies in the evaluation of the current alternatives to unconditional imprisonment in the Czech penal law focusing mostly on the substantive aspects of alternative punishments in the narrower conception. Author tried to present proposals based on studying literature, laws, judicial decisions and comparison with foreign legislations, which could lead to improving Czech legal regulation in this area. The thesis is composed of 8 chapters. In the introductory chapter readers are informed about content of the thesis, purpose of the thesis and methods used. Next three chapters deal with topics related to the purpose and functions of punishment, the benefits of alternatives to imprisonment and factors, which counteract against the efforts to reduce prison population. Author deemed necessary to analyze purpose of punishment, before he examined specific alternatives. Author tried to show that some conception of the purpose of punishment supports the use of alternatives to imprisonment, but attention must be also paid to social and economic conditions of offenders. He pointed out that the economic advantages of alternatives must be taken only as a supportive argument not...
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Alternatives to unconditional imprisonment
Kasalová, Petra ; Říha, Jiří (advisor) ; Hořák, Jaromír (referee)
Resumé The study relates to the alternatives to unconditional sentence of imprisonment. The purpose of the study is to focus on the advantages and disadvantages of the alternative punishments and to discribe the application of chosen sentences in practise. The first part of my study is the introductory and defines basic terminology and institutes related to the topic. The second part looks at individual alternative punishments, coditions of their imposing and service of the sentences. The study is composed of six chapters. Chapter One explains the term punishment . It is subdivided into three parts. Part One defines the purpose of the punishment. Part Two briefly compares the absolute and the relative theory of the punishment and Part Three describes the principles of imposing the punishments. Chapter Two provides starting points of imposing the alternative punishments. This chapter consists of three parts. Part One is concerned with the restorative justice. Part Two explores the institutes of probation and mediation and Part Threee shows the advantages of the alternatives to unconditional sentence of imprisonment. Chapter Three deals with the alternative punishments. It is subdivided into four parts. Part One describes historical development of the alternative punishments. Part Two analyzes the aplication...
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The crime of fraud, insurance fraud, loan fraud and subsidies fraud under ss. 209, 210, 211 and 212 of the Criminal Code
Šulák, Ladislav ; Říha, Jiří (advisor) ; Gřivna, Tomáš (referee)
The crimes of fraud, insurance fraud, credit fraud and grant fraud under s. 209, 210, 211 and 212 of the Czech criminal code This thesis presents the criminal offence of fraud under s. 209 of the Czech criminal code and its special forms - insurance fraud, credit fraud and grant fraud under s. 209, 210, 211 and 212 of the Czech criminal code. In my opinion a fraud in ist very essence represents a classic crime against property. After Velvet revolution the relevance of crimes against property has raised considerably and therefore the regulation of these crimes requires particular attention. This applies above all to the insuranec fraud and credit fraud. The insurance fraud and credit fraud were brought together with grant fraud into the Czech criminal code through an amandement in 1997. The aim of this thesis is to provide an presentation of legal regulation of fraud and its special forms and some issues related to it. I would like also to presentate controversies, which were caused by the amandement of the Czech criminal code in 1997. This thesis consist of three chapters. The first one deals with the crimes against property. The second one deals with the fraud in its general form, the other ones with its special forms. In every chapter I folow the same pattern - which means elements of the fact of...
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The crime of habitual drunkenness under s. 360 of the Criminal Code
Přívara, Mojmír ; Říha, Jiří (advisor) ; Herczeg, Jiří (referee)
The crime of habitual drunkenness under s. 360 of the Criminal Code SUMMARY The purpose of my thesis is to analyze the crime of drunkenness under valid and effective law. The offense of drunkenness is regulated in the sec. 360 of the Criminal Code (40/2009 Coll.). In the introduction to my thesis I put forward current issues, which I wish to research in my work and mention several particular questions, which I wish to answer of all things. My thesis consists of eight chapters: In the first chapter, the basic issues, I generally introduce the matter of the offense of drunkenness, then I zoom on several theoretical ways of treatments of the culpable insanity and finally, I try to place the offense in a context of the Czech criminal law and its relations to whole legal system. The second chapter is dedicated to the development of the offense of drunkenness in this country. Most interesting point to see is, how much theoretical modifications and their variants followed during the time and how they interacted and influenced each other. In the third chapter, which is the most comprehensive part of my thesis, I analyze the facts of the crime of drunkenness. I define its key terms and details related to the features, which characterize the offense. This chapter describes close quasidelict to a greater details and...
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