|
| |
|
| |
|
|
Criminal aspects of the public procurement
Novák, Martin ; Šámal, Pavel (advisor) ; Gřivna, Tomáš (referee)
147 Summary: The subject of this work, as it follows from its title, is the issue of crimes committed in connection with public procurement. The author emphasizes that it is a problem more than actual. Crime in connection with the public procurement has significant economic and social impacts and is subject of a long-term criticism and constant interest of media. The aim of this work is to present the main features of this form of crime, not only through a detailed analysis of the applicable criminal regulations, but also, using practical experience and analysis of the current case-law of general courts, through identification of the most significant legal or forensic problems in detection and investigation of this type of crime. The work is divided into five parts, which are further divided into sub-chapters and sections. The first part is dedicated to a valid criminal regulation. It defines in detail the various constituent elements of the relevant offenses and the most important legal concepts. The criminal liability of legal persons is not omitted. The second part, though still focused on the criminal regulation, has been concentrating on the applicable regulations of the Public Procurement Act, rather than the Criminal Code, with focus on legal concepts contained in this Act that are also normative...
|
|
| |
|
|
Extraordinary appeal
Engelmann, Jan ; Šámal, Pavel (advisor) ; Bohuslav, Lukáš (referee)
1 Abstract My master's thesis is focused on analysis of extraordinary appeal in criminal procedure. Extraordinary appeal is one of extraordinary remedial measures which was introduced into the Czech Criminal Procedure Code with effect from 1 January 2002. The thesis is devided into 6 chapters and the main chapter of the thesis is focused on in-depth analysis of the grounds of an extraordinary appeal and the issue of so called extreme discrepancy. So far, the issue of so called extreme discrepancy has not yet been subject to in-depth analysis in professional literature, therefore I pay more attention to this matter. The importance of so called extreme discrepancy is significant for the Supreme Court of the Czech Republic and its decisions. It is a concept arising from the case law of the Constitutional Court of the Czech Republic, which extends the grounds of an extraordinary appeal despite the grounds laid down in the Czech Criminal Procedure Code. Based on this concept the Supreme Court of the Czech Republic is obliged not only to review questions of law but also questions of fact in cases with so called extreme discrepancy. The Constitutional Court of the Czech Republic defends this concept saying it is neccessary to keep this approach in order to respect the fair trail within the meaning of the European...
|
|
|
Tolerable risk in Criminal Law
Hendrych, Lukáš ; Šámal, Pavel (advisor) ; Pelc, Vladimír (referee)
Tolerable risk in criminal law Abstract This rigorous thesis focuses on an issue of tolerable risk in criminal law. The institute of tolerable risk in criminal is one of the most recent circumstances excluding illegality, which are defined in the Czech Criminal Code. Until its legal definition in the Criminal Code, the tolerable risk was inferred only by legal theory and practice. The tolerable risk is now ambedded in the provisions of Section 31 of the Criminal Code. Tolerable risk is an effective tool for conducting research, for experimenting in science and it can be also applied in medicine, business and sport. It is crucial for the institute of tolerable risk to set boundaries, because an overly liberal approach to defining limits of tolerable risk can lead to a gambling and reckless conduct of individuals. On the other hand, too restrictive definition of tolerable risk limits can restrain the scientific and technological progress and individual creativity in general. This thesis performs an analysis of the institute of tolerable risk in criminal law. Primarily, it deals with the system of circumstances precluding illegality and provides a brief list and description of other circumstances precluding illegality. In the following chapters, it discusses the historical development of acceptable risk in the...
|
|
|
Extraordinary Appeal
Střesková, Markéta ; Šámal, Pavel (advisor) ; Bohuslav, Lukáš (referee)
1 Extraordinary appeal Abstract In my master's thesis I deal with one of the extraordinary remedial measures in criminal proceedings. The extraordinary appeal, along with the complaint against the violation of the law and the retrial, is a formalized extraordinary remedial measure. It can be used only to contest decisions of the court in the second instance if decided on its merits and permitted by law. It was introduced into the Czech legal system particularly to grant equal rights to both parties, when the accused himself may file an extraordinary appeal in the Supreme Court through his defence counsel. The aim of the thesis is to provide the reader with a comprehensive analysis of individual provisions of the Code of Criminal Procedure dealing with the extraordinary appeal in relation to case law of the Supreme Court and the Constitutional Court of the Czech Republic and professional literature, focusing on problematic aspects of the extraordinary appeal in criminal proceedings. The thesis is based mainly on professional literature and case law and uses descriptively-analytical and comparative writing method. The thesis consists of introduction and ten chapters, which are further divided into subchapters and conclusion. The first chapter deals with the concept of the extraordinary appeal, it is an...
|
|
|
Public procurement-related crimes
Hřebíček, Vladislav ; Gřivna, Tomáš (advisor) ; Šámal, Pavel (referee) ; Musil, Jan (referee)
Public procurement-related crimes (in Czech republic) (summary of the dissertation) Vladislav Hřebíček In his paper, the author focuses on the area of public procurement-related crimes in the Czech Republic. As there has been no comprehensive coverage on the subject so far, the paper's primary ambition is to sum up the current state of knowledge while critically considering particular resources (mainly legislation and practice of courts), overlapping significantly into the area of daily practice of detecting such crimes and gathering evidence. In the first chapter, the author provides definitions for key terms and examines the term procurement from the perspectives of its legal definition as well as its interpretation based on court practice. Furthermore, the chapter specifies what is to be understood as procurement-related crime, placing this type of crime within the broader context of economic crime. At the same time, it offers answers to the related criminological questions and presents statistical data provided by the Police of the Czech Republic and the Czech Ministry of Interior. The second chapter gives the reader a historical overview of this area of law mainly from the perspective of criminal law. Covering the timeframe of 1918 (when the previous legislation was adopted) until the present day, it...
|
|
|
Omissions in Criminal Law
Kučera, Pavel ; Šámal, Pavel (advisor) ; Ivor, Jaroslav (referee) ; Gřivna, Tomáš (referee)
Omissions in Crimial Law Abstract The submitted thesis represents a relatively comprehensive, and given the contemporary state of the domestic criminal law theory, also a quite complex elaboration of questions associated with the phenomenon of omission in criminal law. From my point of view, the text itself deals with all significant problems related to criminal liability for omissive conduct. This concerns in particular the subject matter associated with the institution of omission within the doctrine of substantive criminal law, the term of omission in criminal law and the reason and historical evolution of criminalization of omission. Furthermore, the thesis deals with the individual types of criminal omissions and questions associated therewith, including a note of the differences between the traditional dual distinction on the one hand and the newer triple distinction of criminal omissions on the other, while comprising the emphasis of shortcomings of the traditional approach and the advantages of the newer concept. Saying that, in the most part the thesis focuses on the newer approach towards criminal liability for omission and it describes the foundation points thereof in great detail, since I consider it to be the key subject of this dissertation. I also comment on the very important subject of...
|
|
|
The Principle of Subsidiarity of Criminal Repression
Drobílek, Michal ; Šámal, Pavel (advisor) ; Gřivna, Tomáš (referee)
The Principle of Subsidiarity of Criminal Repression Abstract This Master's Thesis deals with the principle of subsidiarity of criminal repression, one of the basic principles of substantive criminal law, which was first enacted in the Czech criminal law as lately as in the new 2009 Criminal Code. The principle of subsidiarity of criminal repression is expressed by the fact that the means of criminal law can be applied only in socially harmful cases where the application of criminal liability is not sufficient under another legal enactment. Simultaneously, this principle of subsidiarity of criminal repression expresses the nature of criminal law as a means of the ultima ratio, i.e. the ultimate solution. After the introduction of the functions and purpose of the criminal law itself in terms of historical development and present, an analysis of the valid legal regulation of the principle of the subsidiarity of criminal repression is presented. Adoption of the principle of the subsidiarity of criminal repression into the new Criminal Code has led to an unprecedented wide-ranging discussion of its importance in criminal law, especially its impact on the issues of the basis of criminal liability. The problems often mentioned in this discussion are in particular dealt with in the chapter on the concept of crime,...
|
guest ::
RSS feed.