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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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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...
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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...
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The issue of the so called case positivism in the decision making practice of the Czech penal courts
Hřebíček, Vladislav ; Gřivna, Tomáš (advisor) ; Říha, Jiří (referee)
In his thesis, the author thoroughly deals with the issue of the co called case positivism in the Czech penal courts decision practice, i.e. an issue that so far has not been paid attention to in the professional penal law literature. The case positivism can be defined as an unwelcome phenomenon, when during their decision the courts indiscriminately apply certain interpretation conclusions, to which, in connection to the decisions in specific cases, came the previous judicial practice, while these conclusion are effectively treated as legal norms, and, as such, they therefore have influence on the result of the court decision. In the first chapter, the author deals with the sources of the case positivism, notably with the prime source, which is the legal sentence of a judicial decision, i.e. the sentence that precedes the very text of the published decision, and which is to contain the basis of the legal problem dealt with in the decision. The second chapter is dedicated to individual specific examples from the decision practice of the Czech penal courts, and the explanation of the term decontextualization of the legal sentence. In the next chapter the reason why the case positivism is an unwelcome phenomenon in the practice is dealt with thoroughly. According to the author, inter alia, it is the...
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Alternatives to unconditional imprisonment
Vokál, Ondřej ; Hořák, Jaromír (advisor) ; Říha, Jiří (referee)
The Alternatives to Unconditional Prison Sentence Goal of this diploma thesis is to give a list of alternative punishments which are meant to be alternatives to unconditional prison sentence. These alternative forms in substantial criminal law are the forms which present specific reaction on crime and are not compound with imprisonment. First chapter contains a historical development of alternative forms of punishments. It deals with origins of penalty in law and in public life. There is mentioned a ground-breaking work of Italian philosopher Cessare Beccaria, the starting of alternatives in the second half of 19th century, theirs crisis during the Second World War and also reborn associated with a movement of restorative justice from the seventies of 20th century. Next chapter which is the main part of this diploma thesis is concerned with alternative punishments. There were chosen to be described these punishments: Suspended sentence based on suspension of imprisonment under the condition of living a proper life. Next one is house arrest which places a convict in his home in the specific time which is set in the judgement. Third alternative punishment included in my thesis is called a Compulsory work and it forces a convict to work without being entitled to a payment. Pecuniary penalty means that...
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Interception and recording of telecommunications.
Lovíšková, Zuzana ; Říha, Jiří (advisor) ; Gřivna, Tomáš (referee)
This diploma thesis deals with the issue of wiretapping and interception of telecommunications pursuant to Section 88 of the Czech Criminal Procedure Act. It deals also with the question of the so called metering which is governed by a separate Section within the Czech Criminal Procedure Act, Section 88a. The main purpose of this thesis is to provide thorough analysis of these two legal issues, taking into consideration domestic, international and partially also foreign legal provisions. This thesis is systematically divided into three main chapters which offer sequential elaboration on domestic, "European" and Slovak legislation. Each of these chapters is split into several separate parts. In Chapter One, I outline concept, major principles and procedure applying to wiretapping and interception of telecommunication on one hand, and concept, major principles and procedure applying to metering on the other hand. Issue of application of wiretap and interception of telecommunication obtained from foreign authority, as well as question of usage of acquired e-mail content are dealt with in two separate parts of this chapter. Moreover, I focus on utilization of the intercepted wiretap, in case it has been procured by a private individual. Second Chapter is dedicated to help the reader understand the...
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