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Self-defense and Necessity: Current Issues
Fridrich, Daniel ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
1 Self-defense and Necessity: Current Issues Abstract This diploma thesis concerns the institutions of self-defense and necessity as circumstances excluding unlawfulness, and current issues related to them. Both institutions entail the possibility of individuals to act in order to protect their interests, as protected by criminal law. These interests can be individual or society-wide. Such conduct may be considered a criminal act, however, upon meeting statutory conditions, the unlawfulness of such conduct is excluded entirely. Therefore, it will not be a criminal act and the individual cannot be punished, neither under criminal law, nor legal rules of other legal areas. The aim of this thesis is to focus on current aspects of these institutions. Furthermore, the thesis explores whether the institutions' conditions are appropriately set for individuals acting within them and whether the legislation gives courts sufficient room for assessing specific situations. The resulting finding is that both institutions are effective at reacting to a large number of situations, including those that have only recently started emerging. The institutions' conditions are set in an accommodating manner, and allow the courts a wide margin of discretion. The first chapter defines the circumstances excluding unlawfulness in...
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Selected Issues of Criminal Proceedings against a Legal Entity
Čabrádek, Josef ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Selected Issues of Criminal Proceedings against a Legal Entity Abstract As the name implies, this work deals with selected issues of criminal proceedings against a legal entity. In the presented work, the author aims to draw attention to some difficulties that may arise in criminal proceedings due to the typical nature of legal entities, and to the selected institute of criminal procedural law comparison of the application of principles of criminal proceedings between natural person and legal entities. In fact, the initial problem may be that the current criminal law relating to legal entities is launched briefly. Therefore, this work reflects the current special legislation governing criminal proceedings against legal entities in the sense of Act No. 418/2011 Coll., of criminal liability of legal entities and proceedings against them, applying the relationship of subsidiarity to the general legislation of criminal procedural law, namely Act No. 141/1961 Coll., of Criminal Procedure. At first, the author briefly addresses the question of whether the principles of criminal proceedings apply to criminal proceedings against a legal entity. For the purposes of further formulation of this work, the author simultaneously discusses in the first chapter the principle of equality before the law. In other parts of...
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Appeals in criminal proceedings
Dvořáková, Radka ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Appeals in criminal proceedings Abstract This diploma thesis deals with appeals in criminal proceedings. The aim was mainly to analyse the current legislation on appeals and the problematic areas of this institute from the perspective of experts in the field of criminal law, where the thesis offers their different views on fundamental issues related to appeals. These questions concern in particular the functioning of this institute in practice, its effectiveness, economy and efficiency, as well as the evaluation of the principles on which the appeal is based with de lege ferenda considerations. For better orientation of this criminal institute the thesis first maps the development of appeals in criminal proceedings during the second half of the 20th century and the 21st century, when three criminal codes and fundamental amendments gradually came into force, in which the regulation of appeals sometimes changed fundamentally to the current form. In order to get acquainted with the essence of the functioning of this institute of work, it also presents the basic principles and principles that are applied in appeal proceedings. The thesis also introduces the reader to the current legislation of the appeal, when it deals with its nature, characteristics and basic properties, discusses the subject, content and...
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Contentious issues of necessary defence in judicial practise
Sucharda, Ondřej ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Contentious issues of necessary defence in judicial practise Abstract This thesis is focused on the analysis of contentious issues of the criminal law institute of necessary defense within the relevant cases of judicial practise. Its purpose is to summarize the concept of the institute of necessary defense in the Czech legal system, to find out the circumstances that courts usually take into account in their decision-making and to answer other questions that are inextricably linked to the institute of necessary defense. The content of the diploma thesis is divided into chapters and subchapters. The first two chapters briefly deal with the development and function of circumstances precluding wrongfulness within the system of criminal law, the purpose of the necessary defense as one of them and its relation to necessity. The content of these chapters is mainly undisputed knowledge about these institutes. The final part of the second chapter draws on the relation between necessary defense and necessity and deals in more detail with the issue of subsidiarity, taking into account the decision-making of courts. The third chapter deals with the core of the institute of necessary defense and its necessary requirements and provides a full insight into the issue of conflict initiation and the associated...
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The crime of drunkenness according to § 360 of Act No. 40/2009Coll., Criminal Code
Chamrádová, Natalie ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
This thesis, bearing the name "The crime of drunkenness according to § 360 of Act No. 40/2009Coll., Criminal Code" aims to analyse and understand deeper the crime of drunkenness in all its aspects. Initially, it deals with the historical kontext of this crime and the development of its conception through history to this day. The thesis also describes terms of diminished sanity and insanity as well as other terms related to the crime including the institute actio libera in causa in both of its forms. This crime is indeed an atypical one, whilst being one of the methods of dealing with illegal deeds committed by inflicted insanity. Such crime lies in the fact that the offender of an act otherwise criminal (one lacking an important sign of a crime) had, prior to such act, induced himself to a state of insanity by culpable consuming or applicating an addictive substance. Insanity as itself exclude criminal culpability of the offender, however not in cases hen offender self-inducing it by consuming or applicating an addictive substance, which makes the crime of drunkenness unique. No less interesting is that, in a way, the crime of drunkenness overcomes the principle nullum crimen sine culpa, or no crime without culpability, since it is composed of two separate actions, while culpability revers only to...
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The Crime of Rape
Hloušková, Kateřina ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The Crime of Rape Abstract This thesis focuses on the theme of the crime of rape, both from the criminal law perspective and the criminological perspective. The objective of this thesis is to address some specific aspects of this crime. This qualification work consists of seven chapters. In the first chapter, basic terms related to this theme are explained. Basic body of the crime of rape is analysed in detail, then the relationship between the basic body and qualified bodies and the final part of this chapter analyses the development stages of this crime. This thesis also deals with differences between the crime of rape and the crime of sexual coercion and sexual abuse. One chapter shows a concise overview of how the legislation on the crime of rape has developed since 1961. The so-called Istanbul Convention is mentioned here too, dealing with the crime of rape, which is a very current topic. The chapters four to seven analyse the theme from the criminological perspective and are completed with statistical data presented in a diagram and in charts. First of all, the criminology part shows the typology of the offenders, dividing them in two groups: offenders with a sexual preference disorder and without this disorder. Another chapter deals with the victims of the crime of rape, namely also from the...
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Criminological Aspects of Drug-Related Crime
Svojtka, Matěj ; Zeman, Petr (advisor) ; Bohuslav, Lukáš (referee)
Criminological Aspects of Drug-Related Crime The thesis deals with the topic of criminological aspects of drug-related crime. Due to the breadth of the issue, the work is focused only on the so-called primary drug crime, which is understood as a criminal activity consisting in violating the regulations governing the handling of narcotic drugs and psychotropic substances. Specifically, it deals with crime associated with the unauthorized handling of cannabis. The main goal of this work is to answer the question whether the criminal law regulation of unauthorized handling of cannabis chosen by the legislator is appropriate and respects in a reasonable way the specific criminological aspects related to cannabis. The first part focuses on explaining some basic terms that are used in the work. The second part deals with the interpretation of terms that are specifically related to the issue of illicit handling of cannabis. Also it includes the issue of the harmfulness of cannabis use and describes the state and trends of crime associated with cannabis use. The third part deals with the international treaties by which the Czech Republic is bound in terms of regulation of cannabis handling. For legislators, key international agreements are a starting point and at the same time a limit in the creation of...
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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...
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The position and tasks of a judge in pre-trial criminal proceedings
Stará, Renata ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
This diploma thesis is focused on the position and tasks of a judge in pre-trial criminal proceedings and aims to present the role of the judge in pre-trial proceedings on the basis of analysis of his role and specific actions carried out in accordance with the Criminal Procedure Code which he takes part in. Criminal proceedings in general is a topical issue when considering a planned recodification of the Criminal Procedure Code. Moreover, pre-trial criminal proceedings present a significant part of criminal proceedings because all the evidence obtained and gathered in this stage might have a huge impact on the course and decision of a trial. Even though the prosecutor is in charge of pre-trial criminal proceedings, the judge holds an important position in this stage since he decides on actions which interfere with human rights and fundamental freedoms. The diploma thesis is divided into four chapters which are complementary and logically follow each other. The first chapter deals with criminal proceedings in general; in particular, it contains a definition and tasks of criminal proceedings, parties and subjects and stages. Emphasis is placed on fundamental principles of criminal proceedings as they present the main building blocks and permeate the entire Criminal Procedure Code. The second...
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Sanctioning of legal entities
Gvozdek, Filip ; Jelínek, Jiří (advisor) ; Bohuslav, Lukáš (referee) ; Fenyk, Jaroslav (referee)
Abstraktv anglickém jazyce The subject matter and aim of this thesis is to analyse the positive criminal law regulation of sanctioning of legal entities in the light of the Act No. 418/2011 Coll., Act on Criminal Liability of Legal Entities and Proceedings Against Them (hereinafter as "the Act"), its critical assessment and possible de lege ferenda suggestions. As a result, this thesis can be perceived as a comprehensive assessment of issues related to sanctioning of legal entities in the Czech Republic. The dissertation thesis is divided into eleven parts. The first part takes into account the international legal aspects of corporate liability, the concept of criminal liability of legal entities, arguments for and against the adoption of the Act and the legislative process leading to the adoption of the Act. Issues related to sanctioning of legal entities are dealt with in parts 2 to 11, which at the beginning discuss the basic terms of sanctioning, then analyse individual punishments and protective measures which can be imposed on legal entities, then also analyse abandonment of punishment, enforcement of punishments and effacement of conviction. Particularly interesting is the eighth part, which in addition to the treatise on the Criminal Register contains statistical overviews of the current application...
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