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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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The issue of stalking in modern times
Novak, Olivia ; Hořák, Jaromír (advisor) ; Bohuslav, Lukáš (referee)
"The issue of stalking in modern times" Stalking is not a new phenomenon, but modern times, and especially the very dynamic development of modern technologies that have gradually become part of our lives, are taking this type of crime to a completely different dimension. This rigorous thesis deals mainly with the criminal offense of dangerous stalking according to § 354 of the Criminal Code and the related issue of misuse of modern technologies for the persecution of the victim, it also focuses on the motivation of the perpetrator and the behavior of the victim. The theoretical part of the thesis summarizes the legislative basis of dangerous stalking, describes the ways of possible use of available technologies for stalking. It also deals with the typology of perpetrators of dangerous stalking and their criminal motivation. The practical part of the work consists of seven case studies of this negative phenomenon from the Czech environment. The first case study focuses on a lawsuit resolved by the Municipal Court in Prague in early 2008. The described case could not be legally qualified as a criminal offense of dangerous stalking According to Section 354 of the Criminal Code, but had a fundamental impact on the legal regulation of stalking in the Czech Republic. Subsequent case studies describe cases in...
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Agreement on guilt and punishment
Alakšová, Lucia ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
in English This thesis focuses on the institute of the agreement on guilt and punishment, which has been incorporated in Czech criminal procedure code by the Act No. 193/2012 Coll. with effectuality from 1st September 2012. The main purposes of the incorporation of the agreement on guilt and punishment in Czech legal system were the acceleration and better efficiency of criminal proceedings and unloading the courts. Besides introduction and ending this thesis is divided into seven chapters. The first chapter deals with the diversions in Czech criminal proceedings. The second chapter is addressed to the excursus into world history of plea bargaining, the third chapter introduces the early stages of agreement on guilt and punishment in Czech Republic. The next fourth chapter analyses in detail the existing legal regulation of agreement on guilt and punishment in Czech Republic. The fifth chapter focuses on the existing foreign legal regulations of agreement on guilt and punishment, especially Slovak and German legal regulation. The sixth chapter discusses frequent arguments for and against the institute of agreement on guilt and punishment. The last seventh chapter deals with the practical experiences in application of agreement on guilt and punishment in Czech Republic and Slovak Republic. In...
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Criminal liability in public procurements
Richter, Martin ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee) ; Kalvodová, Věra (referee)
1 ABSTRACT Criminal liability in public procurements The thesis deals with the criminal liability in public procurements. Public procurement is a very complex and organized activity, the criminal assessment of which, however, cannot reliably lead to satisfactory results on the basis of existing doctrine. The primary goal of this work is therefore to identify the roles and extent of criminal liability of individual actors in the decision- making process of public administration and on this basis to analyze which type of negotiations concerning public procurement may be punished under a special part of the Criminal Code. The importance of effective prosecution of criminal offenses relating to public procurement results from the fact that amount of funds in public procurement correspond to tenth of gross domestic product. For easier orientation of the reader, a formal structure was chosen so that, as far as possible, it comes as close as possible to the standard criminal law teaching on elements of a crime. Specifically, the chapters are divided into actions in public administration, its criminal relevance, the consequence in public administration, the subject, the subjective aspect, circumstances precluding illegality and finally to crimes related to public procurement. From the material point of view, the...
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