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Formal Burden of Proof of Public Prosecutor in Criminal Proceedings
Pudilová, Anežka ; Šelleng, Dalibor (referee)
The legal concept of formal burden of proof of public prosecutor has been discussed for more than 17 years of legislative work on the new Criminal Procedure Code and an increased attention was also paid to it before by the legal science, at the same time with the enforcement of adversary elements of court proceedings. The legal concept in question was established and developed as part of the Anglo-Saxon type of criminal proceedings where trial is based on a dispute between the parties. This involves the exclusive procedural responsibility of public prosecutor to clarify the facts relevant to the indictment filed. Although it is possible to give a brief description of the legal concept in question in a single sentence, its enactment would affect the overall nature of the proceedings before the court and would also be reflected in other stages of the criminal proceedings. The aim of the dissertation was to analyse the prerequisites and consequences of the enactment of the formal burden of proof of public prosecutor in the Czech criminal proceedings. Given the origin of the legal concept, the crucial question was whether its adoption would necessarily constitute a total departure from the legal principles which the existing Criminal Procedure Code is based on or whether it is possible and appropriate...
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European Public Prosecutor's Office
Hendrych, Lukáš ; Šelleng, Dalibor (referee)
European Public Prosecutor's Office, abstract The European Public Prosecutor's Office (EPPO) has been so far the most ambitious project in the field of Europeanization of criminal law. Criminal law has traditionally been an area where the member states of the European Union are strictly guarding their sovereignty and they are very reluctant when it comes to its harmonization or perhaps unification. This is also the reason why it is important to closely focus on this newly created institution. This is the very first time the EU member states established a body with a competence to investigate and prosecute crimes across countries regardless of national borders. According to the adopted legal framework, the European Chief Prosecutor located in Luxembourg is to focus primarily on crimes affecting the EU's financial interests. The EPPO is to investigate and prosecute these crimes and to represent public prosecution before national courts. The greatest added value of the EPPO should be its independence from national public prosecutor's offices in member states. Independence, expertise, and a cross-border competence should save dozens to hundreds of billions of Euros to the EU's - and nationals - budgets. These amounts of money are being lost every year due to cross-border financial crimes, mainly due to subsidy...
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Criminal Liability for the Dissemination of Illegal Content on the Internet
Kobyljanský, Adam ; Šelleng, Dalibor (referee)
and keywords Thesis title: Criminal Liability for the Dissemination of Illegal Content on the Internet The presented thesis examines the issue of criminal liability for the dissemination of illegal content on the Internet. It approaches the topic at a general level in order to define the concept of illegal content on the Internet from the perspective of criminal law, analyze the mechanism of criminal liability in relation to the dissemination of illegal content and map the area of criminal liability for illegal content on the Internet at the level of its possible subjects. The thesis consists of three parts, which are formed by individual chapters. The first part of the thesis deals with the problem of the scope of law on the Internet and its possible solution, both in general and with emphasis on criminal law and the fight against cybercrime. This part of the thesis also identifies the specifics of the Internet environment when it comes to the application of law, which are essential for placing all other knowledge that the thesis brings into the overall context of the reality of the Internet. In its second part, the thesis focuses on the very mechanism of criminal liability, in relation to the responsibility for the dissemination of illegal content on the Internet. Criminal offenses enshrined in a...
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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...
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Alternatives to unconditional sentence of imprisonment
Brabec, Ladislav ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
Alternatives to unconditional sentence of imprisonment ABSTRACT This master's thesis deals with the topic of alternatives to unconditional sentence of imprisonment. The aim of the thesis is to evaluate advantages and disadvantages of alternatives to unconditional sentence of imprisonment, carry out a critical analysis of its legislation and provide own de lege ferenda proposals. Throughout the whole paper, comparative method is widely used. The Czech legislation is compared not only to the legislation of (central) European states, but to the legislation of the United Kingdom, Canada and the United States as well. The paper is divided into nine chapters in total. The first three chapters provide an excursion to the problematics of the term punishment and its purpose, alternative measures and (predominantly) critical analysis of unconditional sentence of imprisonment. Chapters four to seven analyse individual means of alternative sentences, i.e. house arrest, community service, fine and (supervised) conditional sentence of imprisonment. Each of these chapters is build up on the basis of a uniform model. Within single chapters, every type of punishment is analysed from the point of view of its essence and historical development, imposition and exercise of punishment, conversion of sentence into unconditional...
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The Criminalization of Cyberattacks on Information Systems
Eliášová, Alexandra ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
131 NÁZEV DIPLOMOVÉ PRÁCE V ANGLICKÉM JAZYCE The Criminalization of Cyberattacks on Information Systems ABSTRACT Cybercrime represents an increasing danger to human society. The main aim of this thesis is to find out which attacks on information systems pose a threat to the state and whether new technological trends represent a challenge for the current Czech legislation in the field of criminal law. The methodology varies across this thesis. The analytical method together with the synthesis is used to fulfil the aim. In some parts, an empirical approach is used. The introductory part of the thesis explains the key institutes in the field of cybercrime and international instruments for combating cybercrime. The most important document is the Council of Europe Convention on Cybercrime. The main part of the thesis is devoted to the difficulties of current Czech legislation in connection with cyberattacks. The final part of the thesis deals with current technological trends, such as Artificial Intelligence, Cloud Computing, Cryptocurrencies and the Internet of Things, which play an important role in the field of attacks on information systems. The current Czech legislation has responded to the growing tendency of cybercrime, and therefore new types of criminal offenses have been introduced. Artificial...
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Punishment of disqualification and its control
Marková, Michaela ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
This thesis focuses on disqualification punishment in all of it phases. Its main objective is to provide the detailed insight into imposing this punishment. It also tries to answer the question whether the disqualification can be considered one of the alternative punishments or not. At first, general issues of sentencing and purpose of penal law are researched, including Czech penal system. As a next subject of the research, punishment of disqualification is analyzed: from substance and purpose of punishment, through conditions upon which it can be imposed, phases subsequent to imposition (execution of sentence, supervison of execution) to conditional suspension of sentence. Separate chapters try to explicate disqualification from driving motor vehicles, sentencing of youth offenders and legal entities. Extra chapter is dedicated to historical development of the institute. Comparation with legislation of some of the European countries is also included.
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Cooperating defendant
Konopa, Štěpán ; Tejnská, Katarína (advisor) ; Šelleng, Dalibor (referee)
Cooperating defendant Abstract The cooperating defendant represents a relatively new instrument of Czech criminal law, it was introduced into the Czech legal system with effect from 1 January 2010. The main purpose of this legal instrument is to fight organized crime, which is characterized by its high social danger and is extremely difficult to combat for law enforcement agencies due to the considerable sophistication of the internal hierarchy of organized criminal groups. The legal instrument consists of the cooperation of the defendant with a public prosecutor, who designates them as a cooperating defendant in the indictment in exchange for information capable of making a significant contribution to the uncovering of organized criminal groups. The cooperating defendant is rewarded for their cooperation with a mitigation of their sentence and the sentence may even be dropped altogether. The first chapter of this thesis analyzes the terms of cooperating defendant and crown witness, describes the process of introducing the legal instrument of cooperating defendant into the Czech legal system and also mentions some similar legal instruments. The second chapter deals with the current legislation, some of its shortcomings and their possible solutions. The third chapter lists some of the most important benefits...
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Assistance to victims of crime
Novotná, Anna ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
Assistance to victims of crime Abstract This master's thesis deals with the assistance to crime victims and it is divided into seven chapters. The first chapter is devoted to the theory of victims and defines its basic terms such as primary and secondary victimization. It also describes the history of the victim and points out the most common stereotypes in the area of attitude to victims. The main part of the thesis describes the legislation. It deals particularly with the Victims of Crime Act which strengthened the victim's position in criminal proceedings and extended their rights. The aim of the thesis is to analyze the definitions of the victim and the vulnerable victim that are contained in the act. Consequently, the purpose is to compare the terms of the victim as a subject of a special care and the injured party as a subject to criminal proceedings. The fourth chapter thoroughly analyzes the six fundamental rights of the victim, which are enshrined in the Victims of Crime Act. The thesis points out that the right to information, which on the other hand means an information duty for the Police of the Czech Republic, law enforcement authorities and entities registered in the register of aid providers, is not pursued sufficiently. The police authority provides victims with the police caution of several...
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Operational and Investigative actions
Černá, Kateřina ; Tejnská, Katarína (advisor) ; Šelleng, Dalibor (referee)
1 Operational and Investigative actions Abstract Presented thesis deals with the topic of operational investigative actions specified by the Criminal Procedure Code, to which they have been incorporated with effect from 2002. The main aim of this thesis is comprehensive description of the essence and of the domestic applicable legislation of these actions, and also the analysis of possible problematic points and deficiencies. Currently, the mentioned Code in its title nine called procedure prior to initiation a criminal prosecution defines types of these actions in an enumerative way. Those types are pretended transfer, surveillance of the individuals and objects and usage of agent. The thesis itself is divided into six chapters. First chapter is focused on definition of these actions, putting them into context with so called supporting operational investigative actions defined by the Police of the Czech Republic Code, and also on the brief history of their usage in the territory of the Czech Republic. In the second chapter there is a summarization of the general conditions concerning usage of these actions, which apply to all operational investigative actions with few exceptions. Third, fourth and fifth chapter deals with particular operational investigative actions according to the order contained in the...
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