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Crime relating to the abuse of addictive substances
Pacovský, Josef ; Bohuslav, Lukáš (referee)
Crime relating to the abuse of addictive substances The abuse of addictive substances is an issue of the whole society, which in current globalized world, considering continuous development of drug scene, still remains topical. The abuse of addictive substances, as a significant criminogenic need, relates to all kinds of different criminal offences, both those committed by addicts and those committed against them. This includes for example property crimes, crimes against life, person and health, or endangerment. Because of such wide scope of crimes related to the abuse of addictive substances, the focus of my work is on substantive regulation of so-called drug offences, which is stated in the articles 283 - 287 of the Criminal Code. The purpose of this thesis is to analyse constituent elements of the particular drug offences, coherent case-law, as well as some questionable issues related with this kind of criminal offences. It is for instance, the issue of determining the term "greater than the small amount" and regulation of making cannabis accessible for medical use. Higher consideration is given to the questions of so called growshops and the issues of the distribution of drug addiction. The thesis is divided into general part and special part. In the general part, there is a definition of some...
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The Criminalization of Cyberattacks on Information Systems
Eliášová, Alexandra ; Bohuslav, Lukáš (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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The Consequences of Breaching the Rules of Evidence for the Effectiveness of the Evidence
Zelenka, Jan ; Bohuslav, Lukáš (referee)
1 The Consequences of Breaching the Rules of Evidence for the Effectiveness of the Evidence Abstract This diploma thesis deals with the phenomenon of ineffective evidence in criminal procedures as a result of a breach the rules of evidence. The aim of the thesis is to submit current regulations about evidence in the Czech legal system, evaluate it and shine a light on certain problems. Can a criminal procedure be just if the essential principles are trampled on and the government breaks the law? Are there any barriers preventing geovernment arbitrariness? This thesis tries to answer these questions by introducing legal institutes based on area of evidence in criminal procedure. Thesis consists of six parts - four chapters, introduction and conclusion. The first chapter deals generally with evidence and its specifics in criminal law. It defines crucial terminology to understand this topic thoroughly and shines a light on principles of evidence. The second chapter revolves around admissibility and especially efficiency of evidence as a result of a breach in the rules of evidence by law enforcement. That breach of evidence has to fulfill a certain level of severity which has an important part in evidence ineffectivity. In the very last part of this chapter the author suggests legislative changes according to a...
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Terrorism - criminological aspects
Müllerová, Anna ; Bohuslav, Lukáš (referee)
Terrorism - criminological aspects Abstract The submitted diploma thesis deals with criminological aspects of terrorism. The thesis aims to introduce the reader to the concept of terrorism as well as to present its various criminological issues. The thesis seeks to provide plausible answers, especially to the following questions: what terrorism is, who is its perpetrator, what is the process of radicalization, and most importantly, what causes terrorism. Besides, it deals with the specifics of the fight against terrorism and current issues related to terrorism and its current global state. The work provides a comprehensive insight into the criminology of terrorism, both group and individually perpetrated. In the beginning, the thesis deals with the very concept of terrorism, its definition and typology. It thus provides the necessary basis for the following chapters of the thesis. The work continues with analysis of terrorism from the Czech criminal law point of view, and therefore provides practical insight into the possible punishment of perpetrator in the Czech Republic. The thesis then demonstrates the application of the law on one of the cases concerning Czech offender convicted of terrorism in the Czech Republic. At its core, the thesis deals with the criminological aspects of terrorism. It offers...
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Criminological Aspects of Drug-Related Crime
Cieslar, Tomáš ; Zeman, Petr (advisor) ; Bohuslav, Lukáš (referee)
This thesis deals with selected issues of criminological aspects of primary drug-related crime conducted in the Czech Republic, focusing mainly on the criminal offence of unauthorised production and other disposal with narcotic and psychotropic substances and poisons under section 283 of the Czech Criminal Code. The theoretical part of the thesis describes drug- related crime in general, it also discusses the Czech legislation regarding drug-related criminal offences in the Criminal Code, and it also focuses on theoretical approaches regarding the sentencing of drug-related crime. The empirical part features a quantitative analysis of a selected representative sample of 300 Czech court decisions enunciated in 2015 and 2016. This analysis addresses the trends of conducting drug-related crime and the sentences imposed by Czech courts. Attention is given to the differences in sentencing perpetrators disposing with different drugs, particularly cannabis and methamphetamine, and perpetrators conducting different prohibited activities related to the drugs (such as producing, retailing, etc). The analysis also focuses on using the institutes of imposing protective measures and adequate restrictions or duties.
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Crime relating to the abuse of addictive substances
Pacovský, Josef ; Bohuslav, Lukáš (referee)
Crime relating to the abuse of addictive substances The abuse of addictive substances is an issue of the whole society, which in current globalized world, considering continuous development of drug scene, still remains topical. The abuse of addictive substances, as a significant criminogenic need, relates to all kinds of different criminal offences, both those committed by addicts and those committed against them. This includes for example property crimes, crimes against life, person and health, or endangerment. Because of such wide scope of crimes related to the abuse of addictive substances, the focus of my work is on substantive regulation of so-called drug offences, which is stated in the articles 283 - 287 of the Criminal Code. The purpose of this thesis is to analyse constituent elements of the particular drug offences, coherent case-law, as well as some questionable issues related with this kind of criminal offences. It is for instance, the issue of determining the term "greater than the small amount" and regulation of making cannabis accessible for medical use. Higher consideration is given to the questions of so called growshops and the issues of the distribution of drug addiction. The thesis is divided into general part and special part. In the general part, there is a definition of some...
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Expongement and related institutions
Mráz, Miroslav ; Bohuslav, Lukáš (advisor) ; Pelc, Vladimír (referee)
1 Expungement and related institutions Abstract This work deals with the definition of the terms of expungement of criminal records and also analyzes related institutes, especially the extract from the criminal record (in Czech: výpis z rejstříku trestů) and a copy from the criminal record (in Czech: opis z rejstříku trestů) and the definition of legal integrity in the Czech legal system. Over 120 effective pieces of legislation that establish the right to demand proof of criminal integrity have been analyzed in detail. According to the author's knowledge, such an analysis is also a newly elaborated topic. In addition to the analysis of the regulations that establish the right to demand proof of criminal integrity, the development of the institute of expungement of criminal records from the oldest sources to the present have also been analyzed. Furthermore, the softening trend of the legislator is indicated, precisely in this historical comparison and also in the adoption of new legislation. The analysis of the topic was supplemented by an overview of case law and foreign comparisons, specifically with Slovakia, Germany and the United Kingdom. A pleasant surprise was the precise editing in Germany, where the author thinks we could be inspired. A chapter was devoted to protective measures imposed by the...
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Plea Bargaining at International Criminal Courts
Bartizalová, Markéta ; Bohuslav, Lukáš (referee)
S C H O O L O F L AW M A S A RY K U N I V E R S I T Y T H E O R E T I C A L L E G A L S C I E N C E S C R I M I N A L L A W D E P A R T M E N T ABSTRAC T DI S S E RTAT I O N TH E S I S P L E A B A R G A I N I N G A T I N T E R N A T I O N A L C R I M I N A L C O U R T S M A R K É TA B A RT I Z A L O V Á 2 0 1 6 ABSTRACT The subject of this thesis is the practice of plea bargaining in international criminal courts. The thesis generally deals with functions of international criminal law and goals of international criminal tribunals. Critical analysis of whether use of plea bargaining is compatible with these functions and goals follows. Based on research of existing practice of the courts and disputation on arguments of supporters and critics of plea bargaining, the thesis comes to the conclusion, that even though plea bargaining might, in some cases, prove itself as a useful tool for international justice, it remains highly controversial and must be used with the highest caution. If used inappropriately it very easy may cause much damage a may have fatal impact on evaluation of the practice of international criminal tribunals, their legitimacy, and together with that on evolution of international criminal law in general. KEY WORDS international criminal law, plea bargaining, international criminal tribunals,...
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Current issues of criminal law and health
Všetečková, Daniela ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The aim of this thesis is to highlight the criminal liability of physicians, medical staff and soon also medical service providers as legal entities. The human life and health enjoy the highest level of protection. A patient has the right to make autonomous decisions regarding their informed consent and concerning free choice of treatment, including rejection of any treatment. While being required to respect the patient's autonomy at all times, a physician has to require legal certainty to ensure that they are not penalised for respecting this autonomy. Criminal law and healthcare are closely connected, in particular as regards care for patients in view of their autonomy, interventions into the patient's bodily integrity or handling their medical records. A healthcare professional or provider of medical services is the subject of a criminal offence, while in particular human life, health, foetus, as well as personal data or interest in medical intervention lege artis are the object of a criminal offence. Selected criminal offences relating to the performance of a physician's profession include crimes against life and health, crimes threatening woman's pregnancy, crimes against freedom and rights to the protection of personality, privacy and privacy of correspondence, and crimes relating to...
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Obstruction of justice
Dobrovičová, Michaela ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Obstruction of justice Abstract In the introduction, this rigorosum thesis introduces to its readers the issue of the crime of obstruction of justice under the provisions of the Section 347a, Act No. 40/2009 Sb. Criminal Code, as amended, outlines the structure of the thesis and its main goals. Subsequently, the thesis is divided into nine chapters. In the first chapter I ponder about different perceptions of the term "justice". In the second chapter I analyze the theoretical context of evidence, which is fundamental for the further argumentation in the next chapters. Although the emphasis in the thesis is put on criminal proceedings, attention is also paid to civil proceedings. I analyze the types of legal evidence, where I deal more closely with with interrogation of the accused and witnesses, as well as documentary and material evidence. I also do not leave out the issue of onus and burden of proof. After all, an attempt to carry them may be the motive for the perpetrator to commit the crime of obstruction of justice. In the third chapter I describe the evolution of legal opinions on the criminal liability of lying and the presentation of falsified and altered evidence in time. On the base of the historical insight into this issue, I analyze the case law development over the last 15 years. I pay...
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