|
| |
|
|
Crimes of rape and sexual coercion - comparison of legislation in the Czech Republic and Republic of Ireland
Nová, Laura ; Říha, Jiří (advisor) ; Hořák, Jaromír (referee)
Rape and Sexual assault - legal comparsion of offences in the Czech Republic and the Republic of Ireland Summary The diploma thesis is comparsion of sexual offences, in particular rape and sexual assault, which are closely scrutinized from a two different legal systems - czech and irish criminal law. The aim of the thesis is to analyze each offence and to find potentionally applicable de lege ferenda solutions for the czech criminal law. It shall be noted that while czech criminal law is mainly to be found in a single piece of legislation known as Code No. 40/2009, the Criminal Law Act. Irish criminal law on the other hand not only has a separate statutory legislation but also and mainly common law doctrine. The thesis is composed of eight chapters. First chapter outlines brief history and characterises sexual offence of rape in the czech criminal code. Second chapter, characterises the offence of rape from the common law doctrine and also statutory legislation in the irish legal system. Third chapter is focused on comparison of the offence of rape, and points out the main differences between czech and irish criminal law. Fourth, fifth and sixth chapter likewise does so with the offence of sexual assault. Seventh and eight chapter describes importaint proceedural institutes, which are related to sexual...
|
|
|
Issues of punishment for traffic offences
Klinovský, Karel ; Říha, Jiří (advisor) ; Krupička, Jiří (referee)
My thesis is focused on the issues of the punishment for traffic offences. This topic is actually in the spotlight of the social discourse since the relatively high number of tragic traffic accidents leads to the call for the solution of the anomy on the Czech roads. One of possible solutions is also a proportional use of the state repression using the legal tools of the criminal law. The goal of this thesis is an analysis of all the punishments applicable to the traffic offences and their de lege lata and de lege ferenda evaluation. In the first part of this thesis, I will define all kinds of transportation and their legal basis. This is necessary to put the road traffic offences into their proper place in the system of traffic related offences. Furthermore, I define the traffic offence and I also elaborate on which offences are traffic offences per se. My conclusion is that we should use more restrictive approach when it comes to listing the traffic offence. Later on, I modify this restrictive approach by adding the offences of reckless endangerment and obstruction of an official decision. As a part of this chapter, I also examine each offence in the context of their practical use and judicial decisions. The second part of this thesis is focused on the traffic offender. A very specific aspect of...
|
|
|
Violent crime and its prevention
Vondrušková, Magdalena ; Říha, Jiří (advisor) ; Vanduchová, Marie (referee)
The theme of this thesis is "Violent Crime and its Prevention". The violence can be seen everywhere, in the family, in school, at work or in the streets. Every day the media inform the public about violent crime. Is it true that the violence increases in our society or is it only a report interesting for the media? The purpose of this study is the answer this question. The thesis is composed of seven chapters and a number of subchapters. The first and introductory chapter defines basic terminology used in the thesis, for example criminology, criminality, violent crime, aggression and violence. Chapter two deals with the phenomenology of violent crime. The chapter consist of three parts. Part one focuses on the state of violent crime. Part two is concerned with the structure of violent crime and part three documents dynamics of violent crime. Third chapter outlines the victims and theirs issues. This chapter firstly explains the terms as victimology, victimity, victimization, victim. Latter parts of this chapter are concerned with the behaviour of victim, the relationship between offender and victim, the typology of victims, the help to victims, prevention from becoming a victim, the victim's psychology and finally analyses the victims of violent crime in the Czech Republic. Fourth chapter is called "The...
|
|
|
Unauthorized Disposal of Personal data
Jaroš, Ján ; Vokoun, Rudolf (advisor) ; Říha, Jiří (referee)
The submitted rigorous thesis deals with the unauthorized use of personal data in the Czech criminal law. The thesis particularly focuses on the interpretation of the concept of personal data, the processing of personal data, the criminal offense, the principle of subsidiarity criminal repression and further on the research of two conflicting rights too - the right to protection of information (personal data) and the right to information. The complexity and legal uncertainty is primarily caused by judicial practice, which is in the interpretation of individual terms inconsistent, although professional literature and the public point of view on the interpretation of so-called "borderline cases" is unified. Amendment to the Acts, the Criminal Code and related laws, do not always solve problem areas ideally" and therefore opinions issued by "bodies active in criminal proceedings" and administrative authorities contribute to the unification of procedures and interpretations. The rigorous thesis also focuses on the application of the "ultima ratio" which should be taken into account in decision making if a crime or an offense was committed. Unless the facts of the crime and the offense not met the rule of law offers a number of means, which the defective condition, that involves unauthorized processing...
|
|
|
Public action in criminal proceedings
Holánková, Simona ; Herczeg, Jiří (advisor) ; Říha, Jiří (referee)
This thesis, themed Public action in criminal proceedings, is trying to treat the historical development of the public action, contemporary legal regulations of prosecution and its status, and the task and the operation of the public prosecutor as the litigant in the criminal proceedings. The core of this thesis is the comparison of contemporary legal regulations with the proposal of a new law of prosecution and brief summary of pros and cons of the suggested legal regulations. The thesis consists of three chapters and some of them are further divided into subchapters and their sections. First chapter approaches the historical development of the public action in Bohemian countries and is further divided into two subchapters. The first of these subchapters deals with the origin and the development of the public action in general, whereas the second subchapter describes the development of the public action in Bohemian countries in individual historical periods and consists of seven sections. Second chapter is divided into five subchapters. Primarily it brings the insight into the operation of the prosecution and then it deals with the operation and the task of the prosecution in individual stages of the criminal proceedings. The fifth subchapter, determining the force of the prosecution outside of the penal...
|
|
|
Criminal Trial
Mitošinková, Zdeňka ; Gřivna, Tomáš (referee) ; Říha, Jiří (referee)
This Thesis is focused on the most important part of criminal proceedings - the trial - and also on its actual problems. The purpose of the Thesis is to grant a complex view of the trial and its course as well as chronological summary of particular problems which appear in legal practice. Individual institutions are then analyzed from both academic and practical perspective. The Thesis is divided into five basic chapters each covering different aspects of the trial. The first part deals with general introduction in which are also discussed reasons for focusing on this particular topic, defined key goals and basic structure of the Thesis. Chapter One discusses basic principles of criminal proceedings, especially those most important for the trial. Chapter Two deals with persons taking part in the trial. This chapter analyzes their position during the trial as well as their rights and obligations during aforementioned stage of criminal proceedings. Chapter Three is focused on trial preparation which has extraordinary importance for successful development of the whole trial. Chapter Four, subdivided into four parts, deals with the trial itself. First part concentrates on the arraignment. Second part, the most important one, is focused on the law of evidence and is further subdivided according to...
|
|
|
Issues of punishment for traffic offences
Hejda, Petr ; Říha, Jiří (advisor) ; Bohuslav, Lukáš (referee)
Road transport intervene in life perhaps each of us. Road transport play to journey to work, spending, medical care, no matter what already like drivers or co - driver or embarkment agents collective transport persons. At present is already quite common that the family personal two car, sometimes and more. S crescendo number vehicles in our households thereby fall and in - service on way, shoot up number enmity on roads, that often end in accident. Accident are also most frequent case offences or punishable act in road transport. Most accidents hasn't calamitous consequences, every day we're news media, especially television and internet, confronted with tragic aftermath serious accidents, that happen in all limits Czech republic. Unfortunately like general prevention these jerked - in - fillings and news malfunction so always speed ill general drift on the up grade of the number of accident stop. In his work first delimitate conception transport and road transport, try to explicandum punishable act in transport and will describe individual punishable act, that come into question like punishable act in transport. Most extensive volume of work will devoted punishments attempt life behind punishable act in road transport, when first carry out common expose punishments and purpose punishment and after it take...
|
|
|
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...
|
|
|
Contentious issues of the failure to provide aid as reflected in case law of Czech courts
Rymlová, Silvie ; Říha, Jiří (advisor) ; Vokoun, Rudolf (referee)
Debatable cases of failure to provide assistance in Czech court case law The thesis focuses on crimes of failure to provide assistance and related case law of Czech courts. The thesis consists of two main parts. First part deals with explaining of three basic Acta Reus of crimes of failure to provide assistance, their common features and their differences. First chapter and its sub-chapters discuss problematic areas related to cases of failure to provide assistance. These include: the general and special duty to rescue; attempts of rescue in cases of failure to provide assistance; and questions related to committing of other crimes concurrently with failure to provide assistance. Furthermore, the first chapter explains the most important concept in questions of failure to provide assistance which is the concept of 'duty to rescue'. It goes on to explain additional concepts such as 'endangering oneself or others', 'profession-based duty to rescue', 'damage to health', 'vehicle driver' and 'traffic collision'. The first part of thesis is concluded with overview of changes in Czech (and Czechoslovakian) legislation since 1950 related to crimes of failure to provide assistance. Second part is dedicated to court case law, systematically divided by their major topic into five chapters. These chapters and...
|
guest ::
RSS feed.