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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...
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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...
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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...
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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,...
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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...
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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...
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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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Serial murder and its investigation
Valvoda, Kryštof ; Šelleng, Dalibor (advisor) ; Dvořák, Marek (referee)
1 Abstract The topic of the thesis is serial murder and its investigation. The aim of the text is to provide a more comprehensive view on the issue of serial murder. Nowadays, the incidence of serial murder is decreasing worlwide. Nevertheless it is still a very topical phenomenon, as it is capable of significantly disrupting the stability of society. The thesis first examines the phenomenon of serial murder from the perspective of internationally accepted definitions and current Czech law. The individual components of the definitions, the distinction between different types of multicide and the historical development of the phenomenon are then analysed. Using two fundamental typologies, the perpetrators of serial are classified based on their behaviour at the crime scene and their motive for the murders. Victims are examined both in terms of general victimology and in terms of the predispositions to become a victim of serial murder. The method of committing serial murder is divided into two components, which are the external observable manifestations of the perpetrator and the psychological processes taking place in his mind. The difference between the modus operandi and the signature of the perpetrator and their importance in the investigation is explained. The investigation of serial murder is examined...
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The Criminalization of Cyberattacks on Information Systems
Stanková, Pavla ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
NÁZEV DIPLOMOVÉ PRÁCE V ANGLICKÉM JAZYCE The Criminalization of Cyberattacks on Information Systems ABSTRACT This master thesis deals with the issue of criminalization of attacks on information systems. The topicality of the topic is supported by the rapid development of information and communication technologies and the shift of everyday activities to the virtual environment. Nowadays, cybercrime poses a growing danger not only to individuals but also to the state. The aim of this thesis is to introduce cyberattacks and to classify them criminally. Furthermore, attention is concentrated on the procedural aspect of attacks, in particular on their detection, investigation and the procedure of international cooperation. The transnational and international framework in the fight against cybercrime is not omitted. The thesis seeks to identify what problematic aspects domestic legislation faces and what future developments in the field of cybercrime can be expected. The introductory section explains the basic terms that are used extensively in the thesis. Subsequently, key international instruments in the fight against cybercrime are introduced. The focus is on introducing the different types of cyberattacks and their subsequent criminal classification. The subsequent part introduces the procedural level of the...
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Conditional sentence
Klabouch, Martin ; Tejnská, Katarína (advisor) ; Šelleng, Dalibor (referee)
Conditional sentence Abstract The thesis focuses on the analysis of selected problems related to conditional sentence. Even though the conditional sentence is for many people a traditional, boring and unmodern institute, it is paradoxically still the most frequently imposed punishment. However, despite more than a century of tradition, we cannot speak of its flawless content and smooth imposition practice. How to deal with the accumulation of conditional sentences? It is evident from an analysis of the current knowledge on the various partial problems of this unsatisfactory practice that this is the most pressing problem concerning suspended sentences. Through the presented proposals, it is possible to mitigate its impact, both in the imposition of sentences by the trial court and in the conversion of conditional sentences, but only a comprehensive revision of all the related institutes will ensure a truly fair and tailored sentence for each offender. However, is the legal regulation of this punishment so perfect that it deserves such a status? From a brief analysis of the current applicable legislation, a critical reflection on some of the problematic aspects and a confrontation with statistical data, it is clear that the current position is not based on the flawlessness of the character and content of the...
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