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Illegal possession and manufacture of firearms
Holoubek, Matěj ; Krupička, Jiří (advisor) ; Šelleng, Dalibor (referee)
Illegal possession and manufacture of firearms Abstract Topic of this thesis is illegal possession and manufacture of firearms, mainly focused on illegal manufacture of firearms. Key method of firearms manufacture, which is introduced to the reader, is 3D printing. First chapter contains the historical evolution of laws pertaining to illegal possession and manufacture of firearms, with the bulk of the chapter dedicated to 20th century. Second chapter deals with the currently used regulation of illegal possession and manufacture of firearms, from international contracts, through European law to administrative and criminal law. Some shortcomings concerning criminal law, stemming from changes in gun laws, are brought to the attention of the reader. Third chapter focuses on the known scope of illegal possession and manufacture of firearms. It contains police statistics from Czechia and surrounding countries and numbers of charged and sentenced for illegal possession and manufacture of firearms. Aside from that, it deals with gun crime, number of legal guns, number of missing and lost guns and the number of guns given up during gun amnesties. The following chapter explains the "traditional" methods of illegal manufacturing of firearms. It depicts selected cases of improvised manufacture of guns, and introduces...
Methodology of investigating drug crimes with a focus on production of methamphetamine
Vávra, Vojtěch ; Dvořák, Marek (advisor) ; Šelleng, Dalibor (referee)
Methodology of investigating drug crimes with a focus on production of methamphetamine Abstract This thesis deals with methodology of investigating drug crimes with a focus on production of methamphetamine. Considering the complexity of the mentioned topic, it takes into account substantive and procedural criminal law, criminalistics, criminology and addictology. In the first chapter, in addition to describing the forms, effects and methods of methamphetamine production, with an emphasis on the Czech way of methamphetamine production, the historical genesis of the problem is also presented. The second chapter defines the terms small-scale production, medium-level production and large-scale production in order to increase legal certainty. The thesis draws inspiration from the current methodology of the National Drug Headquarters and the United Nations. This part of thesis also includes a statistical section dealing with the structure of drug crime in terms of prosecutions and seized clandestine laboratories. The third chapter describes a typical drug offender. The offenders are divided according to their level of professionalism into three groups: amateur, semi-professional and professional. This paper also discusses individual roles in an organized group, which it classifies as mandatory and optional in...
Crimes Against Wildlife
Vokoun, Michal ; Dvořák, Marek (advisor) ; Šelleng, Dalibor (referee)
Crimes Against Wildlife The subject matter of this diploma thesis is the protection of wildlife species by means of criminal law. It maps the current legal regulation in this area at the international level, on the EU level, as well as in the Czech national law, especially in terms of possible criminal sanctions that can be imposed under the law for illegal handling of these animals. On the global scale, it covers in particular the CITES Convention, but also other international conventions such as the Bonn Convention, the ICRW or the Bern Convention. As for the law of the European Union, it works with the CITES Regulation and other related regulations, as well as the Directive on the protection of the environment through criminal law. As far as the Czech law is concerned, the thesis provides a detailed analysis of the crimes most closely related to the issue, i.e. the crime of unauthorized handling of protected wildlife species under s. 299 of the Criminal Code and s. 300 of the Criminal Code (in the negligent variant) and the crime of poaching under s. 304 of the Criminal Code. Here, it analyses the individual elements of these crimes, including the circumstances conditioning the application of higher penal rates, and also addresses the justification and difficulties with the application of...
Legal aspects of forensic dactyloscopy and its perspectives
Andrašková, Tímea ; Dvořák, Marek (advisor) ; Šelleng, Dalibor (referee)
Legal aspects of forensic dactyloscopy and its perspectives Abstract The main theme of the diploma thesis is forensic dactyloscopy. It is an identification method that is nowadays an essential part of forensic science. This method is based on three fundamental principles of fingerprinting concerning the relative constancy, non-removability, and individuality of papillary lines. The key to the success of the method is the use of absolutely unique markers. Due to this, dactyloscopy can be used in detection and investigation of crimes. The thesis is divided into four thematic parts. In the first one, attention is paid to the history of dactyloscopy and the personalities who have connected it with forensic science. Chapter two focuses on defining the substance of forensic dactyloscopy from the scientific point of view. The object of this section is to elucidate the reasons why dactyloscopy can be considered a reliable and fundamentally infallible identification method. The third chapter converts scientific knowledge into forensic practice. The purpose is to explain simple mechanism of the formation of fingerprint traces and to introduce the techniques by which a fingerprint can be made suitable for laboratory examination. The chapter discusses not only traditional methods of searching for and securing...
Problems of Investigation of Staged Homicides
Chvojková, Tereza ; Šelleng, Dalibor (advisor) ; Dvořák, Marek (referee)
PROBLEMS OF INVESTIGATION OF STAGED HOMICIDES Abstract The presented diploma thesis deals with the issue of investigation of staged homicides. The primary aim of the thesis is to point out the specifics and problems that investigation of staged homicides entails. The thesis places particular emphasis on the unusualness of the crime scene search that comes with the investigation of staged homicides, then on the importance of use of the forensic expertise, and, finally, on selected problems related to this type of investigation. In addition, the thesis aims to confront the theoretical part with practical knowledge obtained from people participating in the investigation. Furthermore, the thesis also aims to provide an evaluation of the current practice. The thesis consists of seven chapters apart from the introduction and conclusion. In the first chapter, the concept of staging is generally defined, and further attention is paid to homicide staging and reflection on foreign studies. The second chapter is devoted to the legal definition of homicide and its criminalistic characteristics. The third chapter contains brief characteristics of individual staging methods that may appear in criminalistic practice. The fourth chapter deals with the actual investigation of staged homicides, especially the aspects of...
The Specifics of Children Interrogation
Folprechtová, Kateřina ; Šelleng, Dalibor (advisor) ; Dvořák, Marek (referee)
in English, Title and Keywords The Specifics of Children Interrogation Children, meaning people under 18 years of age, appear in criminal procedures rather often and have various process statuses. Therefore, they can get into a situation in which they have to be interrogated. In these cases, they need a different approach than adults. Moreover, they also deserve an extra level of protection. Legislation has taken this into account by specifying how children should be treated during criminal procedures, interrogation included, in numerous details. Amongst these legal provisions, one can find for example the legal provision about necessary protection of minors, about the presence of certain other people during interrogation or the provision regulating the possibility of interrogating children before the prosecution officially begins. Both the Constitutional Court of the Czech Republic and also the European Court of Human Rights have commented on the possibilities of interrogating children before the prosecution start and then using such obtained protocols, especially on the aspect of preserving the rights of defense. Both have declared that such obtained evidence can be used in criminal proceedings despite the fact that the right to a fair trial has been violated, because there are either other...
Criminal Aspects of Corruption
Urich, Dominik ; Dvořák, Marek (advisor) ; Šelleng, Dalibor (referee)
Criminal Aspects of Corruption This diploma thesis focuses on corruption as a negative social phenomenon which is as old as humanity itself, especially, through the viewpoint of criminal law as a means for ultima ratio. It analyses substantive and processional law aspects of corruption in legal regulations of the Czech Republic as well as in international regulations. This thesis concerns itself with criminal acts of bribery and means used to uncover, investigate, and prove corruptive practices. The introduction of this thesis concentrates on the explanation of its key term "corruption" and terms that directly or indirectly fall under the concept of corruption, as well as the reasons why corruption occurs, its development stages and the structure of corruption, including manners of corruptive behaviour. In the second chapter of this thesis the author looks at corruption from a historical viewpoint by means of an excursion into the global history of this phenomenon. Especially concentrating on the first references to corruption and legal regulations in place on the Czech territory since 1707 up to the Velvet Revolution. The main section of this diploma thesis is contained in the third and fourth chapters. The third chapter provides a detailed analysis of criminal acts connected to corruption,...
Terrorism - criminological aspects
Bušinová, Lucie ; Kopečný, Zdeněk (advisor) ; Šelleng, Dalibor (referee)
Terrorism - Criminological aspects Abstract The topic of this diploma is terrorism and its criminological aspects. The aim of the diploma is to describe terrorism as a criminological phenomenon, to analyze the possibilities of its prevention, to analyze the international and legal regulation of terrorism and its limits and to focus on the historical and current causes of terrorism and on the psychological profile of a terrorist with the respect to motives that lead him to violent behavior. The diploma is divided into three chapters. The first chapter deals with the causes of terrorism. The author first deals with the historical causes of terrorism, devotes a special subchapter to examining early examples of terrorist attacks carried out in the name of religious beliefs, then analyzes the causes of terrorism chronologically from the Great French Revolution to the present, dividing the 20th and 21st centuries according to the professor's D. C. Rapoport theory of four waves of terrorism. The second chapter deals with the issue of the definition of terrorism in criminal law. Attention is first focused on theoretical approaches to the demand for the adoption of an international definition of terrorism and the definition of the term terrorism in international documents. The author further describes the criminal...
Summary Preliminary Proceedings
Doleček, Tomáš ; Tejnská, Katarína (advisor) ; Šelleng, Dalibor (referee)
Preliminary Proceedings Abstract in English The diploma thesis deals with the topic of Summary Preliminary Proceedings, which is one of the most important institutes in terms of accelerate the criminal proceedings. It is one of the three forms of preliminary proceedings, the essence of which is to enable simplification of the process for the least serious crime, so that the perpetrator of such a crime can be convicted and punished as quickly as possible. This is not only in order to make the proceedings more efficient in economic terms, but also to ensure that it has the greatest possible impact in terms of individual and general prevention. The aim of this thesis is not to discuss the above mentioned institute only in isolation, but also in its broader context. It therefore presents its characteristics, historical context, the problems associated with the proceedings, including a solution proposal, as well as a more detailed analysis of the planned modification. In addition, the thesis also presents the subsequent special Proceedings before a Single Judge, which, together with the Summary Preliminary Proceedings, form a kind of accelerated form of the entire criminal proceedings. The thesis is also structured in this respect. It consists of four chapters, firstly presenting the preliminary stage of...
The tactical methods of overcoming the false testimony
Kreidlová, Tereza ; Krupička, Jiří (advisor) ; Šelleng, Dalibor (referee)
The tactical methods of overcoming the false testimony Abstract The topic of the thesis are tactical methods of overcoming a false testimony, meaning the approaches which can an interrogator use within interrogation to overcome a false motivation and gain a truthful statement from interrogated. In the first chapter the author focuses on the concept of interrogation as an interdisciplinary term in course of which knowledge from several scientific fields is applied, while stating for what reasons it is necessary to understand and approach interrogation in this way. The author mostly focuses on the problematic of interrogation from the view of criminalistics, analyzes the individual phases of an interrogation and their significance for detecting and overcoming a lie. The second chapter is dedicated to the very essence of lie and false testimony. Here, the author tries to define a false testimony and define which manifestations of lie in communication and behavior of a person are still acceptable today for determining if the person is giving a false or truthful testimony. Conclusion of this chapter also outlines the most common reasons which motivate the interrogated people to give false testimony. The following is the chapter which in its introduction focuses on the general tactical methods and their role in...

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