|
|
Defense of a legal entity in criminal proceedings
Svoboda, Edvin ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
Title of dissertation: Defense of a legal person in criminal proceedings Key words: defense of a legal entity, criminal proceedings, criminal liability of legal persons Abstract The topic of the rigorous thesis is the Defense of a legal entity in criminal proceedings. The first chapter deals with the basic concepts and concepts that the rigorous work deals with in it content, specifically it deals mainly with the concept and concept of a legal entity and it concept and defining features, then briefly outlines the history of legal entities. The second chapter of the submitted rigorous thesis is devoted to Act No. 418/2011 Coll., On the criminal liability of legal persons and proceedings against them. This law is first briefly characterized, then this chapter deals with topics directly related to this law, namely the analysis of key provisions of this law, the amendments made and their consequences for legal practice, reasons for punishing legal entities, the extent of criminalization of legal entities and finally and what vicissitudes accompanied the adoption of this law and what controversies surrounding it were discussed within the legal community. The last subchapter of the second chapter compares the state of this issue in the Czech Republic with other selected countries of the European Union. The third...
|
|
|
The crime of rape according to section 185 of the Criminal Code
Plzáková, Štěpánka ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
The diploma thesis The crime of rape according to section 185 of the Criminal Code is divided into five parts, which are further divided into sub-chapters. In the first part of the thesis, I focus on the historical development of the institution of rape, from the first mention of rape, which dates back to ancient times, through medieval regulation, regulation in the modern age, in the first and second half of the 20th century, up to the current regulation in Act no. 40/2009 Coll., Criminal Code. Specifically, the crime of rape can be found in section 185 of the Criminal Code, which falls under the third special part, Crimes against human dignity in the sexual area. This is followed by the second chapter, which analyses in detail the concept of a crime and its individual features. Here I described in detail the factual nature of the crime, i.e., the object, the objective side, the subject, and the subjective side, both from the general point of view, which we apply to all crimes, and specifically to the crime of rape. In this passage, I also focused on the single-act concurrences of the criminal act of rape and on the qualified facts found in the second to fourth paragraphs of the given provision. I also try to describe the topic of moral criminality, which includes rape, in the chapter number...
|
|
|
Defence of a legal person in criminal proceedings and issues related to the defence
Kalousová, Simona ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
Defence of a legal person in criminal proceedings and issues related to the defence Abstract The rigorous thesis deals with the definition of problems of the procedural part of the law on criminal liability of legal persons and related problems arising from the Criminal Procedure Code. Problems related to the criminal liability of legal persons appear in the Czech legislation and in the legislation of other countries of the continental legal culture mainly due to the adoption of the institute from the Anglo-American legal culture. The Czech legal system was based on the criminal liability of natural persons only and the incorporation of the new institute thus requires a certain adaptation of the legal system. Moreover, the nature of a legal person is inherently problematic given its specific nature. The author selects the most important problems of the procedural part of the law, analyses them and assesses the suitability of the current legal regulation. Subsequently, the author compares the identified problems with foreign legislation of the countries of the continental legal system. The author considers the most significant problems of the Czech legislation to be the absolute exclusion of the institute of necessary defence for legal persons, problems related to the person of the guardian and problems...
|
|
|
Unconditional imprisonment
Marešová Haškovcová, Michaela ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
1 Unconditional imprisonment Abstract The presented rigorous thesis focuses on the institute of unconditional imprisonment, which is imposed ultima ratio and in Czech criminal law represents the most severe punishment in the system of punishment. The riforous thesis is guided by an attempt to present a comprehensive view of the unconditional sentence of imprisonment, the imposition of which is primarily connected with the execution of this sentence which the work devotes to, a considerable amount of time. In the introduction of the rigorous thesis the individual chapters of the thesis are presented, incl. their subchapters. The content of the thesis is divided into six main chapters. The first chapter deals with punishment and its purpose. It also focuses on the basic principles of sentencing and the position of unconditional sentencing in the punishment system. The first chapter logically includes a subchapter on selected alternatives to unconditional imprisonment. The second chapter is devoted to the aforementioned enforcement of unconditional imprisonment and the institution of conditional release from unconditional imprisonment, which also focuses on the important decisions of the Constitutional Court in this area. The third chapter deals with the issue of overcrowding in prisons, especially in the...
|
|
|
Interrogation tactics
Trousilová, Marie ; Krupička, Jiří (advisor) ; Šelleng, Dalibor (referee)
Interrogation tactics Abstract The diploma thesis processes the topic of interrogation and tactics of its performance from the perspective of criminal law, criminology, and forensic psychology. The emphasis mainly lays on the first two perspectives. On the contrary, the psychology of interrogation is elaborated only in the extent of institutes and information, which are worked with in subsequent parts of the thesis, and which therefore had to be stated in general. The aim of the diploma thesis is to show the tactical procedures of interrogation in the account of legal norms, criminalistic and psychological recommendations. At the same time, emphasis lays on the comparison of Czech legislation with the French one with a focus on the regulation of interrogation tactics. The processed information was drawn from Czech and foreign monographs, expert essays, commentaries on specified laws, as well as French and internal case-law. The thesis is enriched of practical examples provided by the interrogator of the National Drug Headquarters and illustrative examples from records of interrogation. The method of analysis, explanation and comparison were used in the processing of sources. The thesis includes an introduction, four parts and a conclusion. The individual parts are further divided into chapters and two...
|
|
|
Alternatives to unconditional sentence of imprisonment
Lukáš, Marek ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
The subject of this master's thesis is a description of the current legislation and application practice of selected punishments that represent the main alternatives to the imposition of unconditional prison sentences. These punishments are house arrest, community service, financial penalty, suspended sentence of imprisonment and suspended sentence of imprisonment with supervision. Since each of the abovementioned punishments could be the subject of a separate master thesis, this thesis does not aim to describe the subject matter in detail, but rather to present the individual institutes in their mutual context, to compare their characteristic features, purpose, conditions, specifics of their execution, as well as their use in judicial practice. The thesis consists of eight chapters, three of which are of a general nature, four deal with individual penalties and the last one is devoted to de lege ferenda proposals. The first chapter defines the very concept of criminal punishment and its purpose. A substantial part of the chapter is devoted to the historical development of penology theories regarding the purpose of the criminal punishment, with special focus on the transition from a retributive and punitive view of punishment to the concept of restorative justice. The second chapter focuses on the...
|
|
|
The methodology of drug-related crimes in theory and practice
Sochová, Karolína ; Šelleng, Dalibor (advisor) ; Krupička, Jiří (referee)
The methodology of drug-related crimes in theory and practice ABSTRACT This thesis is focused on issues of drug-related crimes, mainly from the investigative point of view. This means from the point of view of the methods and techniques that are used by police authority. According to the inherent connection between criminalistics and criminal law, the thesis also reflects procedural aspects of the acts and descriptions of particular crimes under criminal substantive law. The thesis consists of an introduction, eight chapters and a conclusion. The first chapter is dedicated to definition of particular terms which are commonly used within this topic. Each definition is expounded upon in the context of legal development. The system of legal adjustment is compared with foreign systems. The second chapter analyses the structure of realtionships and positions of each person within the drug's hierarchy which are reflected in investigative tactics. A description of the criminal acts under criminal substantive law is contained in the third chapter. This description must be included to properly explain the facts of the case. The chapter number four examines the legal adjustment of police authority's procedure and the options and methods of international cooperation. Through of the existence of unified code of...
|
|
|
Interrogation in Criminal Proceedings
Jurová, Zuzana ; Šelleng, Dalibor (advisor) ; Pelc, Vladimír (referee)
Interrogation in Criminal Proceedings Abstract This thesis focuses on interrogation in criminal proceedings, as it is one of the most often used procedures in investigation of crimes. The first chapter addresses interrogation in the context of the current legislation, i.e. how is this procedure regulated at the statutory level. In relation to the person against whom the proceedings are being conducted, it deals with the right to a formal defence, and then with the right to a material defence and its various aspects. In relation to the witness, the thesis addresses the right of the witness to be represented, the right to refuse to testify and the specifics of interrogation of certain witnesses, including a confidential witness. The second chapter addresses interrogation as a discipline of forensic science, describing how the actual interrogation is conducted in all its phases, i.e. the phase of preparation, the actual interrogation and the subsequent documentation of the interrogation. The author has not forgotten to address the specifics of conducting interrogation by means of videoconference, including quantitative research on the frequency of its use by selected courts in the Czech Republic, as well as qualitative research in the form of individual interviews with attorneys practicing criminal law on the...
|
|
|
Serial Murder Investigations
Kayed, Albert ; Krupička, Jiří (advisor) ; Šelleng, Dalibor (referee)
Serial murder attracts a lot of layman and scholarly interest alike. Disproportionate majority of scholarly literature in Czech Republic delves into its psychological aspects and offender profiling. Much smaller portion of literature focuses on other specifics of its investigation. This thesis aims to describe specific problems in the area of investigation and possible solutions to those problems. With regards to the state of Czech and foreign scholarly sources on the topic, literature from English-speaking countries is utilized extensively. When possible and suitable, the output of foreign research is transefered into Czech conditions or a comparison is made. Thesis is continuosly bolstered with case summaries that help to demonstrate topics at hand in practice. The cases chosen are primarily from Czech Republic (or Czechoslovakia, respectively) if available. First chapter focuses on defining serial murder in relation to certain specifics, that are typical for serial murder, even if they don't occur every time. Second chapter focuses on problematics of identifying serial murder with extra focus on situations where physical evidence unequivocally connecting murders into a series isn't available. This chapter also delves into "linkage analysis" as a special application of behavioral analysis. Third...
|
|
|
The Urgent and the Non-Repeatable Actions
Tomášek, Marek ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
1 The Urgent and the Non-Repeatable Actions Abstract Urgent and non-repeatable actions are a special group of procedural actions of authorities involved in criminal proceedings. The criminal code provides a precise definition of urgent and non-repeatable actions, but in layman's terms, an urgent action must be carried out before the initiation of criminal prosecution, because otherwise it will lose its evidentiary value, and a non-repeatable action cannot be repeated in court proceedings. There is no exhaustive (enumerative) list that would determine which action is urgent or non-repeatable. The urgency and non-repeatability of an action are therefore always determined in each case according to the factual circumstances and relation to a specific person within the framework of application practice, even though judicial decision-making practice provides guidelines for such an assessment. Pre-trial criminal proceedings can be divided into two parts, the part before the initiation of criminal prosecution and the part after the initiation of criminal prosecution. From point of view of the authorities involved in criminal proceedings, the most essential feature of urgent and non- repeatable actions is that they can be carried out even before the initiation of criminal prosecution and the evidence obtained by...
|
guest ::
