|
|
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...
|
|
|
Criminal Liability of Legal Persons
Pokorná, Lucie ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
Title of diploma thesis in English language, abstract in English language and 3 keywords in English language Title of diploma thesis in English language: Criminal liability of legal persons Abstract in English language: In this diploma thesis, the author deals in more detail with the criminal liability of legal persons. Although Act No. 418/2011 Coll., On the criminal liability of legal persons and proceedings against them, has been in force for nine years, the topic of criminal liability of legal persons is still very topical and frequently discussed. Due to the fact that the legal regulation in this area is relatively extensive, the author focuses only on some institutes of criminal liability of legal persons, which she dealt with in more detail. The first part of this thesis covers private law, where the concept of legal person, the characteristics of a legal person and the characteristics of individual legal persons are approached. In this part of the thesis, the author points out in particular that a correct understanding of the concept of legal person is necessary for a proper understanding of the criminal liability of legal persons and the reasons that led to its entrenchment. In the second part, the author deals with individual arguments that are not only in favour but also against the introduction...
|
|
|
The Methodology of Robbery Investigation
Jakoubková, Barbora ; Krupička, Jiří (advisor) ; Šelleng, Dalibor (referee)
The Methodology of Robbery Investigation Abstract This diploma thesis deals with the methodology of robbery investigation, specifically with its selected components of the investigation. The selected parts are criminalistic characteristic of robberies, the typical ways of committing robberies divided according to the intensity of aggression and the typical evidence. The thesis provides with a deeper insight into these parts of the investigation process, captures their specifics and provides a comparison with foreign literature. The presented thesis is divided into four chapters, which are related and follow each other. The first chapter presents the crime of robbery, as regulated in Act No. 40/2009 Coll., The Criminal Code, and its position in the current Czech legal system. It outlines the subject of the methodology from the point of view of criminal law. The second chapter deals with the criminalistic characteristic of robberies. In the individual subchapters, it discusses the criminal situation, the typical ways of committing robberies, the offender and the victim of robbery, and finally deals with the motive of the criminal act and the criteria for selecting the victim. This chapter provides number of statistics related to robberies. The subchapter focusing on the typical ways of committing robberies,...
|
|
|
Competence and Organization of the Public Prosecutor's Office in Criminal Proceedings in the Czech Republic and the Federal Republic of Germany
Trojanová, Justina ; Šelleng, Dalibor (referee)
This diploma thesis deals with the topic of the competence and organization of the prosecutor's office in criminal proceedings, namely in the Czech Republic and in the Federal Republic of Germany. The institute of the Public Prosecutor's Office is a very important part of the functioning justice system, especially for the protection of justice and society from crime. The given topic can be perceived as very broad, and therefore this work is focused primarily on the comparison of the legislation in selected areas, where the differences that the legislation in question shows. In the legal systems of both states, it is possible to find a number of differences, but also similarities. The thesis is divided into seven logically arranged parts, each of which deals with a specific area of the topic in both comparative states. The first part is devoted to historical development in both states. The second part deals with the current legal regulation of the public prosecutor's office in terms of constitutional and legal anchoring, which is very different in the states. This part also discusses the issue of the classification of the public prosecutor's office into the concept of separation of powers. The third part describes the organization, where the emphasis is mainly on the system of prosecutor's offices,...
|
|
|
Reconstruction of a Crime
Strnadová, Marie ; Krupička, Jiří (advisor) ; Šelleng, Dalibor (referee)
The main topic of this thesis is the reconstruction of a crime. These special means of evidence are regulated in the provisions of § 104d of the Criminal Procedure Code. This act takes place if the situation in which the crime was committed is to be restored, or if the circumstances related to the crime are to be restored, if the testimony of the suspect, accused, co-accused, injured party or witness, is to be examined, but only if other evidence provided in the proceedings is not sufficient to clarify the case. In the first chapter, the topic of the legal regulation of the reconstruction of a crime is set in a historical context. The current legal regulation of this institute in the Czech legal system follows. Furthermore, the concept, meaning and types of forensic reconstruction are analysed, which is compared to selected special means of evidence, for which it is often incorrectly confused. As the reconstruction of a crime is a complex and very important mean of evidence, the merits of this thesis are devoted to the preparation, planning, the actual execution, documentation and evaluation of this act. Furthermore, the thesis describes two examples of crime reconstruction from practice and ends with considerations de lege ferenda.
|
|
|
Criminal liability in sports
Vítů, Jan Robin ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
Criminal liability in sports Abstract Presented diploma thesis comprehensively deals with issues of criminal liability in sports, considering the expert literature, current legislation and uses current criminal case law. Attention is paid mainly to the issue of sports injuries, marginally also doping and corruption in sports. Thesis is divided into ten parts (including introduction and summary). Second part of the thesis is dedicated to the most significant historical approaches to legal liability of athletes. Third part of the thesis briefly outlines evolution of sports definition followed by sports demarcation in Czech legislation. This part also deals with sports law, which is the source of most doctrinal approaches in subject matter. The general relationship between sports and law is formulated in the fourth part. In this part, basic theories of the effect of law on sports are firstly discussed, followed by individual concepts of criminal liability in sports. The way how Czech criminal law affects the field of sport is also indicated in this part. Fifth part of the thesis is focused on sports rules. After defining the concept and distinguishing sports rules from legal norms, the meaning of sports rules from the point of view of criminal law is explained. The question of the multitude of responsibilities...
|
|
|
Assistance to Victims of Crime
Pacáková, Barbora ; Šelleng, Dalibor (referee)
The thesis focuses on the assistance to crime victims, mostly in terms of Czech legislation, its compliance with the European legislation and its application in real life, it does, however, provide historical and theoretical explanation about crime victims. The thesis reflects the legislation, that is in effect at the time. The main aim of the thesis is to offer a comprehensive view on the issue of assistance to victims, to analyse and evaluate the legislation of victims' rights, especially under the Victims of Crime Act, and to assess the benefits of its first major amendment. The last goal of the thesis is to evaluate the current quality of assistance provided to crime victims. The thesis consists of five parts, in addition it also contains an introduction and a conclusion. The first part offers historical and international insight into the assistance of crime victims and details how this field has evolved over the last hundred years. It also places the issue into historical context while analysing international requirements laid down by the Council of Europe, the European Union and the United Nations. Part 2 explains legal terms "victim" and "injured party", providing a comparison of these two terms with a view toward their use in subsequent chapters of this thesis. Part 3 contains theoretical...
|
guest ::
