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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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Substantiation of Electronic Evidence
Jirounková, Kristýna ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Substantiation of Electronic Evidence Abstract The author focuses on the possibility of "misuse" of data as electronic evidence in the thesis. She describes specifics of electronic evidence and she points out that current technologies are so advanced that they are able to track and map the lives of individuals. The author simulates the investigation of the crime of murder, based on the idea, that thanks to the daily stored data on digital activity of persons in conjunction with GPS data, the physical activity of persons can be proven. She seeks to investigate this crime regardless of the regulation of fundamental human rights and freedoms only by electronic evidence. Eventually she assesses the procedure in the light of legislation. Finally, the author deals with the issue of confidentiality obligations of attorneys at law in connection with the use of electronic devices for the performance of their activities and she points out specifics of search of premises, where attorneys at law perform advocacy. Kristýna Jirounková Thesis 2021 Charles University, Faculty of Law
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Corruption and other criminal activities in sport
Hnaníček, Jakub ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
thesis title: Corruption and other criminal activities in sport The thesis deals with criminal activities in the field of sport. It focuses mainly on corruption in sport and examines it from the perspective of substantive criminal law. It describes the regulation of bribery offences contained in the legal system of the Czech Republic, the legal regulation of corruption in sport in six foreign European countries and international regulation. It deals with the concept of match fixing, which it defines and discusses its forms and occurrence in five selected sports sectors. It also discusses the issue of doping in sport, which is analysed from the perspective of international and Czech national regulations. Key words: criminal law, corruption, sport, match fixing, doping
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Criminal aspects of cyberbullying
Vištalová, Anastasja ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Thesis title, keywords and resume Thesis title: Criminal aspects of cyberbullying Key words: cybercrime, cyberbullying, criminal law This master thesis deals with the definition of key criminal aspects of criminal offenses referred to as cyberbullying. The master thesis is divided into five separate chapters. The first chapter deals with the general definition of cyberbullying as a new phenomenon and its comparison with the traditional form of bullying, defines other key terms and defines the victim and perpetrators of this behavior, including these types and typology. The second chapter introduces cyberstalking, which is compared to stalking, following the example of the first chapter, again defines and defines the basic concepts that are characteristic of this issue, as well as the perpetrator and victim, considering their patterns of behavior, typology, and motives, which lead the aggressor to commit an infringement. The third chapter focuses on the illicit handling of personal data, which can serve as an effective tool to carry out cyberbullying, while all of them mention the institute of "freezing of data", which in turn serves as a means of prosecution and detection by law enforcement authorities to perpetrators of cyberbullying. The fourth chapter deals with the fastest growing and at the same time...
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