|
|
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...
|
|
|
The crime of theft under s. 205 of the Criminal Code
Šušák, Michal ; Říha, Jiří (advisor) ; Vanduchová, Marie (referee)
The purpose of this thesis is to analyze the offence of theft, as the typical representative of all the offences against property. The reason for my research is to offer a comprehensive view to this difficult issue. My study is composed of four main chapters, each of them dealing with different aspects of the topic. Chapter one is introductory and defines basic goals and a content of the text. This chapter also includes some considerations about the theft and about the thesis itself. Chapter two attempts to illustrate a historical introduction of the topic. It is subdivided into three main parts. The first part describes the oldest references about a theft in the history, the second part analyzes a development in the roman law and the third part is about the notion of the theft as it went through changes throughout Czech law history. Chapter three examines relevant Czech legislation. It is subdivided in four main parts. There are the nature of the offences against property and the legal formulations of offence of theft in current Act No. 40/2009 and in previous Act No. 140/1961 introduced in the first and second part of this chapter. The third part focuses on problems which followed the coming into force of the current law, such as complications caused by a new formulation of the theft and its consequences,...
|
|
|
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...
|
|
|
The Scope of the Prosecutor in the Preliminary Criminal Proceedings
Petr, Milan ; Říha, Jiří (advisor) ; Krupička, Jiří (referee)
Resumé This thesis titled The Scope of the Prosecutor in the Preliminary Criminal Proceedings presents a compact view on the prosecutor's role and activities in the preliminary proceedings. At this stage, the prosecutor has a vital role and is regarded as the master of the preliminary proceedings (dominus litis), for he carries the ultimate responsibility for its results. In the court proceedings, where he is accorded the party status, the prosecutor represents the public prosecution. In relation to the police authorities, the prosecutor has a number of privileges that enable him to supervise the adherence of legality in the preliminary proceedings. The work is divided into four main chapters. The first chapter discusses the legal base of prosecution as a body of public prosecution in the criminal proceedings. This chapter also characterizes the institute of external and internal supervision within the system of prosecution. The second chapter defines the preliminary proceedings as an obligatory, pre-trial part of every criminal proceeding. Furthermore, this chapter elaborates individual functions of the preliminary proceedings, including its forms and stages. The core of the thesis is the third chapter, which defines the actual scope of the prosecutor. First, this part deals with the prosecutor's...
|
|
|
Criminal Trial
Kantorová, Lucie ; Šámal, Pavel (advisor) ; Říha, Jiří (referee)
I have chosen the topic "Criminal Trial", because I am interested in criminal law and during my studies I completed an internship at court, which gave me the opportunity to experience criminal trial in practice. The aim of my thesis is to provide a comprehensive view of criminal trial as the most important part of criminal proceedings with its actual issues. The thesis begins with an introduction and ends on a conclusion. Between that, the thesis is divided into three main chapters. The first chapter is called the general characteristics of criminal trial and deals with the Czech legislation governing criminal trial, purpose and meaning of criminal trial and describes the basic principles of criminal proceedings, especially those most used in criminal trial. The second chapter focuses on the preparation of criminal trial, which is very important. Only a precise preparation can lead to a fluent criminal trial without any adjournment, as law requests. This chapter also discusses presence of the public and media at the court. The chapter tries to answer the question whether it is appropriate if the presiding judge permits making video and audio broadcast from the hearing. The third chapter analyses the course of the criminal trial, especially its beginning, rights and obligations of parties in the...
|
|
|
Crimes related to substance abuse
Abu Dayeh, Christián ; Říha, Jiří (advisor) ; Hořák, Jaromír (referee)
Crimes related to substance abuse Criminal offences related to substance abuse are still a highly topical issue having serious social, health-related, financial and security impacts on the whole society. Since the subject is very broad, I decided to focus on substantive law of so-called drug-related crimes. The thesis is divided into eight sections. In the first one I define the basic terms that are frequently used in the thesis and whose definition is crucial for understanding the text as a whole. Second section contains historical background of the current legal form of drug- related crimes in the Czech Republic, while also some international legal rules are included as they influenced local legal development as well as many legal obligations result from them for the Czech Republic until the present. Third section covers current legislation; it contains a common introduction for individual elements of the drug-related offences as well as a broader context within the Penal Code, and it also mentions certain non-penal legislation that is closely connected to this topic. Substance of this thesis is in sections 4 - 8 describing individual elements of the drug offences. In each section there is also some part devoted to analyzing current issues. In the fourth section I deal with an act of cannabis...
|
|
|
Traffic crime and its prevention
Pytlíková, Ivana ; Říha, Jiří (advisor) ; Vokoun, Rudolf (referee)
Summary: Traffic belongs to humanity since time immemorial. First people relied on their own feet, later on animal power. The biggest change came with the invention of the wheel 3,500 years BC. In the 19th century, first car was invented. Ever since the vehicles are constantly being improved. Simultaneously with traffic the traffic crime originated too. The topic of my thesis is Traffic crime and its prevention. I have chosen this topic because I think that it is a current issue and because transport is a normal part of our every- day lifes. The purpose of my thesis is to analyse main causes of traffic crime and clarify basic preventive activities on the national and international level. This thesis is composed of five chapters, each of them dealing with different issues relating to transport crime a its prevention. Chapter one is about fenomenology and explanation of the concept of transport crime, its specialities and on the most frequent transport crime. Chapter two are transport's statistic, which are available especially at the Police, courts and The Ministry of Transport website. Chapter three deals with structure of traffic crime. Chapter four is about causes of traffic crime and highligts on main cause, which is traffic accident and in detail describe aspects, which are on its rise a significant...
|
|
|
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...
|
|
|
Traffic crime and its prevention
Kukrál, Petr ; Říha, Jiří (advisor) ; Krupička, Jiří (referee)
Zusammenfassung Das Thema der Diplomarbeit ist Verkehrskriminalität und ihre Prävention. Ich habe dieses ausgewählt, weil ich es sehr aktuell betrachte. Der Verkehr ist gegenwärtig ein üblicher Bestandteil unseres Lebens. Verkehrkriminalität betrifft fast alle Menschen. Jeder von uns kann sowohl Obfer, als auch Täter werden. Zugleich handelt es sich um das Thema. Das die Aufmerksamkeit noch nicht verdient. Angesichts der Schadenhöhen, der Anzahl der Todesfälle und der Verletzten handelt es sich um einen Bereich, der einen erheblichen Einfluss auf das Leben sowohl der ganzen Gesellschaft, als auch einer individuellen Person hat. Das Hauptziel dieser Arbeit ist es, die Hauptuhrsachen der Verkehrkriminalität zu analysieren und anschlieβend die Vorbeugungen zu erzielen. Die Diplomarbeit besteht aus Einleitung, 3 Kapitel und Schlussvollgerung. Das erste Kapitel widmet sich Fenomenologie der Verkehrskriminalität. Es werden hier die Fachbegriffe von Vekehrsdelikten erklärt, die üblichsten Verkehrsstraftaten beschrieben und es wird auch aufmerksam auf Besonderheiten dieser Art von Straftaten gemacht. Das 2. Kapitel gibt einen überblick über die Ursachen und bedingungen der Verkehrskriminalität. Es wird hier der Begriff Verkehrsunfall, als die Hauptuhrsache der Verkehrkriminalität, definiert. Im Weiteren...
|
|
|
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...
|
guest ::
RSS feed.