National Repository of Grey Literature 99 records found  beginprevious67 - 76nextend  jump to record: Search took 0.00 seconds. 
The principle of contradictory in Criminal Proceedings
Michalčíková, Kristina ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
The principle of contradictory in Criminal Proceedings Abstract The diploma thesis deals with the principle of contradictory of criminal proceedings, its various concepts and characteristics, especially its practical manifestations in Czech criminal proceedings. The aim of the work is to provide an insight into possible concepts of this principle, an overview of individual contradictory elements in criminal proceedings and then to draw attention to those elements that rather weaken the principle of contradictory. The work is divided into four chapters. The first chapter deals with the definition of the principle of contradictory. It offers several possible conceptions of this principle presented mainly by Czech authors. The chapter also contains a selection from the case law of the European Court of Human Rights, which ranks the principle of contradictory among the foundations of the right to a fair trial. The case law of the Czech Constitutional Court, which defines principle of contradictory following the example of the Strasbourg court, also corresponds to this. Finally, the chapter deals with the enshrinement of the principle in the current Criminal Procedure Code, but mainly the role of the principle in recodification work on the new Criminal Procedure Code. Chapter two describes some contradictory...
An injured party in criminal proceedings and his/her protection
Spitsyn, Oleksandr ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
An injured party in criminal proceedings and his/her protection The diploma thesis deals with the position of the injured party and his protection during the entire criminal proceedings and a description of the rights at his disposal in its individual phases. It draws information from legislation, literature, case law and electronic resources. The diploma thesis is divided into five chapters. The first includes the definition of the term injured party, both its positive and negative definitions. It also describes the differences between the terms 'injured party' and 'victim of a crime'. The second chapter focuses on the description of the rights that belong to all injured, as well as those that belong only to the injured, who have the status of a subject in adhesion proceedings under § 43, paragraph 3 of the Criminal Procedure Code. The most important of these rights are characterized in more detail. It is also describing the possibility of injured party to waiver his procedural rights and analyzing the problem of partial waiver. The last part of the chapter is devoted to minors as the injured parties and their special position in criminal proceedings. The third chapter describes in more detail the position of the injured party in the individual stages of criminal proceedings, from the preparatory...
Violation of Authors' Rights Using Cyberspace
Křížovská, Kristina ; Gřivna, Tomáš (advisor) ; Šelleng, Dalibor (referee)
Violation of Authors' Rights Using Cyberspace Abstract This diploma thesis describes violation of authors' rights in cyberspace, especially the most common ways of committing this crime. The thesis is divided into five parts. The first chapter contains a general introduction to the topic, it defines the basic concepts (such as computer and related terms of hardware and software, internet, cyberspace and cybercrime), which serve as a basis for other parts of the work. The second chapter deals with copyright as such. It explains the concept of copyright work and describes the individual rights of the author. Given the nature of this criminal activity, it is not possible to limit the interpretation to the criminal law regulation. The second chapter thus indicates what rights of the author are affected, which works are subject to copyright infringement, which works are excluded from copyright protection and, finally, what are the limitations and exceptions to copyright. The third part is followed by a brief overview of the legislation that can be applied to the area of copyright (or generally to cybercrime). This includes national (Czech), European and international legislation, as it is an issue that in many cases crosses national borders. The fourth part of the thesis is a crucial part, because it deals with...
Criminal Liability of Legal Entities
Šelleng, Dalibor ; Jelínek, Jiří (advisor) ; Ivor, Jaroslav (referee) ; Bohuslav, Lukáš (referee)
It is more than 6 yeas as of the moment when Act No. 418/2011 Coll., on penal liability of legal entities and proceedings against them, entered into effect, however, in spite of it inland legal regulation still offers a number of key application and conceptional issues. The achieved objective of the dissertation work submitted was to provide comprehensive and detailed interpretation of the existing legal regulation of the conditions when criminal liability of legal entities is established and to point out, in that interpretation, to some of its particularities, deficiencies or ambiguities in the interpretation. In order to achieve that objective, the author dealt with not only Czech legal regulation as such, however, also with wider topics that clarify the origination of this form of penal liability but that can also help interpreting problematic legal institutes or be the basis for next amendments to the law, if any. For this purpose, the presented dissertation work is divided in four main chapters. The first part contains introductory and fundamental issues of the criminal liability of legal entities. As the sine qua non condition of the topic under investigation, it defines the term of "legal entity" and outlines the historical development of the concept of penal liability of legal entities in...
The Role of the Public Prosecutor in the Court Criminal Proceedings
Klejchová, Barbora ; Vokoun, Rudolf (advisor) ; Šelleng, Dalibor (referee)
The topic of this thesis is The Role of the Public Prosecutor in the Court Criminal Proceedings. Its purpose is to characterize the current legislation, processes in the public prosecutor's office, and the role of the public prosecutor in the phase of court proceedings. The aim is to analyze the current legislation, evaluate, and propose possible solutions for the adoption of new legislation. I chose this topic mainly thanks to my interest in criminal procedural law and the issue of public prosecutors in general. Given the ongoing preparation of the new Criminal Procedure Code and the current efforts to adopt a new law on the Public Prosecutor's Office, I believe that this is currently important topic. The thesis is divided into five major chapters. The first chapter is focused on the development of the public prosecutor's office in the Czech lands from 1437 to the period after 1989. The subchapters are organized by important milestones in the Czech history. The second chapter contains the legal regulation of the Public Prosecutor's Office in the Czech Republic, but also the organization of the Public Prosecutor's Office. The second chapter is dedicated to the position of the public prosecutor, their rights and obligations. I list the competences of the Public Prosecutor's Office and mention...
Criminal offences dangerous pursuing and dangerous threatening
Svoboda, Michal ; Bohuslav, Lukáš (advisor) ; Šelleng, Dalibor (referee)
113 Criminal offences dangerous pursuing and dangerous threatening Abstract This thesis aims to analyse especially the criminal law perspective of the crimes of dangerous pursuing and dangerous threatening. A criminological perspective is also included in the text. Therefore, sanctioning and connected issues as the seriousness of these crimes and their social harmfulness can be analysed. Based on this analysis, it is then assessed whether the current legislation is sufficient to be able to effectively prosecute the perpetrators of these crimes. The content of this work is divided into two main parts, where the first part is devoted to the criminal law aspects and the second part is then devoted to the criminological aspects. The first part deals with issues related to the legislation, where all the features of these crimes are analysed in detail. The thesis also discusses the issue of the classification of these crimes in the system of the criminal code and possible alternatives. The issue of sanctioning the perpetrators of these crimes is also discussed in detail, where not only punishments and protective measures are analysed, but also substantive and procedural alternatives to punishments are assessed. The last chapter of the first part deals with a comparison of the legal regulation of these crimes in...
The Crime Scene Reconstruction
Hesová, Veronika ; Krupička, Jiří (advisor) ; Šelleng, Dalibor (referee)
The Crime Scene Reconstruction Abstract This diploma thesis deals with the issue of crime scene reconstruction both from the point of view of criminal law and from the point of view of criminological science and practice. With the help of reconstruction as a means of evidence, which is classified in the Criminal Procedure Code as a special means of proof, the authorities involved in criminal proceedings try to find out the facts of the case, about which there is no reasonable doubt. Through reconstruction as a method of criminalistic practice, the factual circumstances under which the investigated crime was committed are restored. The main goal of this thesis is a detailed analysis of the crime scene reconstruction from a criminal and forensic point of view, and the result of this analysis is a chapter devoted to considerations de lege ferenda. The secondary goal of the diploma thesis is to compare the crime scene reconstruction with selected investigative acts with the help of a comparative method. The diploma thesis is divided into three parts. The first part deals with the comparison of the crime scene reconstruction with investigative acts, with which there are very frequent interchanges in criminal practice. Part of the first part is also an approximation of the legal regulation of reconstruction in...
Criminal law aspects of police provocation
Šulda, Pavel ; Tejnská, Katarína (advisor) ; Šelleng, Dalibor (referee)
1 Criminal law aspects of police provocation Abstract in English This diploma thesis deals with definition of possibly the most exact limit between legal entry of prosecuting authorities to the factual act of the crime and inadmissible police provocation. Following this determination of the limits, which is the main aim of the thesis, it gives the tightest definition of police provocation, it solves possible criminal law consequences of police provocation and it brings a brief analysis of admissibility of further forms of behaviour that can result in an intention of other person to commit a crime. For this purpose the thesis is divided into 4 chapters. The first chapter deals with the problem of police provocation in a broader context of fight against organized crime. It is highlighted the necessity of really careful consideration of the tools and the amount of their usage when fighting organized crime so that their deployment means tolerable rate of interference with human rights and freedoms. The second chapter follows, which deals with general introduction of tools used to fight not only organized crime. These are operational and investigative acitons and supportive operational and investigative actions, using which there most often comes to police provocation. In case of operational and investigative...
Criminal law protection of animals against cruelty and other inappropriate treatment
Kolář, Ondřej ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
Criminal law protection of animals against cruelty and other inappropriate treatment Abstract This diploma thesis deals with animal protection in the Czech Republic from perspective of criminal law as a legal instrument ultima ratio. Primary goal of this thesis is to analyse legal regulation in Act no. 40/2009 Coll., Penal Code, de lege lata and evaluate possibilities de lege ferenda. Within current legal regulation this thesis works with articles 302, 302a and 303 of Penal Code and the current legal regulation is compared with the previous one. Particural attention is dedicated to Act no. 114/2020 Coll., which established entirely new crime into the Czech legal system called Breeding Animals in Iappropriate Conditions and widened the listing of penalties stated in article 52 of Penal Code by penalty of prohibition of keeping and breeding animals. Particular novelties are analysed in detail and the thesis also responds to the most frequent arguments in favour and against passing the new legal regulation. Secondary goal of the thesis can be seen in sociological considerations and comparative studies. Diploma thesis consists of five chapters, which divide more minutely further. The first chapter introduces key concepts of animal protection area, mainly the term "animal". Fundamental terms are defined in...
The Specifics of Interrogation of Children
Trojnová, Marie ; Krupička, Jiří (advisor) ; Šelleng, Dalibor (referee)
The Specifics of Interrogation of Children Abstract The diploma thesis focuses on the specifisc of interrogation of children. According to the thesis, children are persons under the age of eighteen. It is imaginary divided into three parts, because this topic can be viewed from the perspective of criminal law, criminalistics and psychology. It is divided into seven chapters. The thesis is based on specialized literature, professional newspaper articles, Czech courts case law, current legislation, internet resources and materials, which were provided on the request by the relevant institutions. The goal of this thesis is to provide available scientific knowledges on this topic and their synthesis in a logical unit. The legal regulation of the interrogation of children is subjected to critical analysis. It is highlighted in questionable issues and there are possible ways for solving them. In the thesis are first defined the basic concepts (an interrogation, a statement, a child). Their knowledge is necessary for understanding the following text. There are introduced various perspectives of interrogation. After that there are general characteristics of the development periods of the child and a brief description of psychological processes applying in phases of statement. Following with summary of these...

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