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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...
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Participation
Müllerová, Denisa ; Říha, Jiří (advisor) ; Herczeg, Jiří (referee)
The thesis is concerned with theoretical background of participation and the legal regulation of participation in the Czech republic. It also deals with the legal regulation of participation in the Federal Republic of Germany and in the Republic of Austria. There are many problems associated with criminal participation and it is possible solve them in many different ways. However, the proper regulation of participation is important to comply with basic principles of criminal law. The aim of these thesis is to discuss some base approaches to the regulation of participation, to summarize advantages and disadvatages of individual systems and review application of these systems in legislation of selected countries. These thesis is composed of three parts. The first part defines basic terminology and describes two base systems of legal regulation of participation - the dualistic one and the monistic one. The aim of this part is to approximate guiding principles of both systems and advantages and disadvantages of legal application of these systems. The second part concentrates on the Czech legal regulation of participation and discusses its problems. Subdivided into three chapters, this part examines conditions of criminal liability of participants, introduces forms of participation and, finally, chapter...
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Participation in Criminal Law
Pelc, Vladimír ; Jelínek, Jiří (advisor) ; Říha, Jiří (referee)
1 Abstract The submitted rigorous thesis comprehensively deals with the institute of participation in the offense in Czech criminal law (hereinafter referred as "complicity"). The thesis particularly focuses on de lege lata interpretation of the complicity, i.e. on existing legislation, Act. No. 40/2009 Coll., Criminal Code. The text contains numerous proposals de lege ferenda, which results from the critical approach to current regulation of the complicity in Czech legal system. The participation is a traditional and complicated topic of the criminal law doctrine. The issue of criminal liability for participation in the offense is one of the most complicated issues of criminal law theory and practice. The complexity of problem stems primarily from the fact, that the institute of complicity prohibits a conduct, which is not ordinarily directly fulfilling the basic elements of the crime offense. Therefore it is necessary to derive the actions of an accomplice from the actions of an offender, who always (at least partially) fulfils those basic elements of the crime. We can also say that similarly, depending on the different systems of complicity, the criminal liability of accomplice is more or less based on the criminal liability of offender. The work is divided into seven chapters, which are further...
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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,...
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Criminal order
Berková, Ivona ; Říha, Jiří (advisor) ; Vokoun, Rudolf (referee)
The criminal warrant represents a specific form of decision in criminal matters and a type of simplified procedure as well. A single judge can issue a criminal warrant without trying the matter in the main trial if the facts are substantiated by reliable evidence. The criminal warrant has the nature of a convicting judgment. This type of simplified procedure is enacted under provisions § 314e to § 314g of the Code of Criminal Procedure. The criminal warrant is used in practice very often for its fastness and economy. In 2012, single judges by means of a criminal warrant, decided on 54,64 % of criminal cases (accused) before the District Courts within the whole area of the Czech Republic. The purpose of the thesis is to analyse the criminal warrant in all its aspects. The thesis is composed of nine chapters. Chapter One describes the history of the criminal warrant from 1918. Chapter Two focuses on relations between the criminal warrant and the basic principles of criminal procedure. Chapter Three describes the criminal warrant as a specific form of decision in criminal matters, procedure and conditions for issuing a criminal warrant, the penalties that can be imposed by means of a criminal warrant and the position of a victim. Chapter Four concentrates on the criminal warrant as a special method of...
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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...
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Criminal Trial
Mitošinková, Zdeňka ; Šámal, Pavel (advisor) ; 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...
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The crime of habitual drunkenness under s. 360 of the Criminal Code
Richter, Jiří ; Říha, Jiří (advisor) ; Hořák, Jaromír (referee)
The crime of habitual drunkenness under s. 360 of the Criminal Code This thesis about drunkenness offense under § 360 of Act No. 40/2009 Criminal Code consists of ten chapters. Author defines the basic concepts of this offense, analyze legislation, and deals with theoretical approaches and criminological aspects of this crime. The first chapter is devoted to the reasons for the very existence of this specific instrument and the concept of insanity, including a treatise on the assessment of sanity in practice in the form of an expert evidence. The second chapter briefly summarizes development of legislation connected with drunkenness in our country for the period from Maria Theresa criminal law reform to the present. The third and fourth chapter contains analysis of the present legislation of drunkenness in its current version, including actio libera in causa contained in § 360 paragraph 2 of the Criminal Code. In the fifth chapter, the author discusses the arguments of theoretical approaches to punishment of willfully insane offenders and formulate his own critical attitudes. At the same time, author compares the effects of the application of the theory to examples from recent case law of the Czech courts. The sixth and seventh chapter deals with the crime of drunkenness in terms of the possibility...
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Alternatives to unconditional imprisonment
Geaney, Irene Sheila ; Hořák, Jaromír (advisor) ; Říha, Jiří (referee)
The Master's thesis provides a comprehensive analysis of possible alternatives to imprisonment. It is indisputable that incarceration is the most severe penalty that can be applied to law-breakers in the Czech Republic. To use this punitive measure in cases where it might not be appropriate would be in breach of humanitarian principles and of proportionality. For this reason, it is incumbent on states to reflect on how their correctional system might be improved. The main aim of this Master's degree thesis is to examine non- custodial sentences in the Czech Republic and briefly compare them to those in operation in other countries. It also analyses whether the Czech correctional system is satisfactory. The author explores the question of whether an improvement in this area of the penal system would result in a corresponding reduction in the prison-rate. The text focuses on house-arrest, community service orders, suspended sentences, and fines, since they are the most common non-custodial sanctions. The thesis is composed of an introduction, six chapters and a conclusion. The initial two chapters are introductory and define the basic terminology used in the text. The first chapter, which considers the concept of punishment, is subdivided into four parts. Firstly, it describes what punishment...
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Alternatives to unconditional of imprisonment
Hrušáková, Denisa ; Říha, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
This thesis discusses the alternatives to unsuspected sentence of imprisonment, as only they can in the long run solve an acute and currently very topical problem of the prison overcrowding. The aim of this thesis was firstly the theoretical definition of alternatives to unsuspected sentence of imprisonment with regard to the Czech legislation and, secondly, an analysis of alternatives that Czech law provides. The introductory part focuses on the importance of alternative punishments in the system of sanctioning institutions. The thesis is divided into two main chapters with regard to the two objectives it focuses on. The first chapter, dealing with the definition of "alternatives to unconditional sentence of imprisonment", is divided into four subchapters. The first subchapter, on the background of the current concept of alternatives available in the Czech doctrinal environment, seeks a theoretical definition through the criteria on the basis of which it is possible to consider a specific institute as such an alternative. The second subchapter explains the preference for alternatives to unsuspended sentence of imprisonment. The third subchapter is devoted to the development of Czech criminal policy towards alternative punishments. Subsequently, in the fourth subchapter, the author explains contemporary...
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