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Tolerable risk
Nováková, Denisa ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Tolerable risk Abstract The thesis deals with the topic of tolerable risk. Tolerable risk is a type of criminal defense that has first appeared in the Penal Code, Act No. 40/2009 Coll. Today, after almost ten years since the it came into effect, is the time to summarize the practical use of this institute. Chapter One outlines the types of criminal defenses and looks at the position that tolerable risk takes among them. Chapter Two offers a historical viewon the development of tolerable risk as an institute; first showing how it had been inferred from doctrine and then how the final version of tolerable risk, implemented in the Penal Code, was found. Chapter Three analyses the constructional features of tolerable risk; that means the conditions to be met in order to apply this criminal defense. Chapter Four compares tolerable risk with other criminal defenses, both legally defined (self-defense, necessity, consent, legitimate use of the weapon) and also not legally defined (fulfillment of obligation, exercise of entitlement, performance of a profession). Chapters five, six and sevendeal with the most common areas in which tolerable risk is employed. These areas are healthcare (Chapter Five), economy (Chapter Six) and sport (Chapter Seven).These three chapters focus on those components of tolerable risk that...
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Settlement in criminal proceedings
Marcinik, Adam ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Settlement in Criminal Proceedings - Abstract The purpose of my thesis is to analyze specifically one type of diversion in criminal proceedings - settlement. Part of this thesis also explains alternative measures and diversions in general. The reason for my research is finding that settlement in criminal proceedings has currently limited use, for example in comparison with conditional suspension of criminal prosecution. For this reason, the thesis attempts to identify reasons for this limited use of settlement and submits proposals of regulation that would increase number of settlements. Further goal of the paper is the attempt to define the role of the settlement in the Czech Criminal Law, the evolution of this diversion, the benefit of this diversion and also the problems of current legislation. The thesis is composed of five chapters, each of them dealing with different aspects of diversions, especially the settlement. Chapter One is introductory and is dedicated to alternative measures and general topics, such as principles of restorative justice and its historical development. Chapter Two examines diversions in criminal proceedings and takes care of specific aspects of this legislation. The rest of the thesis explores settlement. Chapter Three investigates the fundamental characteristics of settlement....
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The crime of theft according to section 205 of Czech Criminal Code
Halašta, Martin ; Bohuslav, Lukáš (advisor) ; Gřivna, Tomáš (referee)
The crime of theft according to section 205 of Czech Criminal Code This diploma thesis focuses on crime of theft according to section 205 of the Act No. 40/2009 Coll. Criminal code. Crime of theft is the most committed crime out of them all. It is therefore possible to think that one of the causes of such a high frequency may be its inadequate regulation in the Criminal Code. For this reason, the aim of thesis was to describe and evaluate its development and propose possible changes. Thesis also includes a comparison with the foreign regulation and extensive work with the judicial case law, which significantly contributed to the completion of the individual qualified crime elements Thesis is divided into five chapters and many subchapters. The introductory chapter is devoted to the inclusion of theft into the system of property crimes. In the following section are mentioned earlier opinions on the protection of property as such and how ownership is protected today. The second chapter describes, evaluates and compares the historical development of the legal regulation of the theft with the current regulation, especially in the Czech territory. This chapter discusses how different the perception of the property protection was and over the period has been. Also, next part in this chapter is devoted to...
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The concept and legal consequences of excessive self-defense and necessity
Kursa, Jakub ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The concept and legal consequences of excessive self-defense and necessity The topic of presented diploma thesis deals with criminal law institutes of self-defense and necessity and the consequences of exceeding their limits provided by the Criminal Code. Both of the above-mentioned institutes belong to the conditions precluding illegality of an act, i.e. specific circumstances in presence which of and subject to conditions any sanction is excluded under effective law. The purpose of these institutions is to make it possible for people to act with impunity in cases they protect the interests of their own or interests of the whole society when these interests are violated or endangered. In principle, these institutes replace the absence of a public authorities at the moment, whose task is to protect these interests. However, on the other side the legislation does have certain limits to prevent from any misuse of these institutes. The key passages of this thesis are therefore focused on situations where the conditions of necessity or self-defense are not fully met and examines the legal consequences of such actions. The presented thesis is divided into six parts. A brief introduction is followed by the first chapter, which deals with the general view of the conditions precluding illegality of an act,...
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The Position of Public Prosecutor in Preliminary Proceedings
Korbelová, Jana ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The presented work brings a comprehensive view of the state prosecutor's position during the pre-trial proceedings. It uses the knowledge of professional literature and legal regulations, which were extended to those activities that are carried out by the state prosecutor in standard criminal cases, with reference to the practical use of individual institutes, to the authorisation of the state prosecutor and to selective aspects, problematic in nature that results in legal adjustment. The rigorous work is complemented by considerations on selected practical problems arising from the activities of the public prosecutor and consequently on considerations on prepared or considered modifications of legal regulations affecting the activities of the public prosecutor. Part of these considerations is also pointing out the possibility of using process modelling within the public prosecutor's office. The work is divided into nine chapters, which form four logical parts. The first part deals with the historical development of the Public Prosecutor's Office until the adoption of the current Act on the Public Prosecutor's Office, whereas, after 1948, attention has been more focused on the position of prosecutor. The second part contains a general definition of the public prosecutor's office and the...
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Contentious issues of necessary defence in judicial practise
Vajc, Vojtěch ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Contentious issues of necessary defence in judicial practise Abstract The subject of this thesis is necessary defence, or more precisely some of its contentious issues that have been dealt with by Czech courts within the framework of their judicial practise. The fundamental focus of the thesis lies with the judicial decisions providing solutions to these issues, emphasis, on the other hand, is not placed on doctrinal concept of the legal institute. The thesis subjects some of the judicial decisions to evaluation and comparison with other judgments. As for the structure, the thesis is divided into a total of seven chapters with regard to the elements of necessary defence that are primarily related to the issues dealt with by the judicial practice in each particular case. The first chapter presents a brief general outline of the topic, as it pursues, above all, the function of the legal institute of necessary defence, the way how it is established within the Czech law and the character of the relevant provision of the penal code. Chapter two deals with integral prerequisites or structural elements of necessary defence, specifically attacker and defender subjects, as well as attack itself. It ponders about whether someone who is not primarily targeted by an attack can be deemed a defender. The same question is...
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Unconditional imprisonment
Tomíčková, Kristína ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The aim of this thesis is to describe the execution of unconditional imprisonment in the Czech republic and to analyze the actual problems of the Czech penitentiary system. It also tries to propose convenient solutions of the main problems. The extend of this thesis is reduced to the execution of penalty, therefor other forms of detention are excluded. The unconditional imprisonment is the strictest penalty in Czech legal system and it has a major impact on the convicted human beings. That is why I tried do describe how the actual penitentiary system works and what are its weak points. This thesis also tries to compare the ideas of global modern reforms, like humanization and therapeutical concept of punishment, to the real situation of Czech imprisonment. This thesis consists of eight chapters, each of them deals with various aspects of this form of punishment. The first chapter is devoted to theoretical issues of the concept and purpose of the punishment. This part is necessary and desirable for later interpretation of imprisonment problematic. The second chapter describes the legal fundaments of unconditional imprisonment according to international law and its impact on practice. The third chapter describes the legal fundaments of unconditional imprisonment according to Czech national law. It...
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Compliance programs and their usage to protect legal entities against corruption
Doleček, Michal ; Bohuslav, Lukáš (advisor) ; Gřivna, Tomáš (referee)
Compliance programs and their usage to protect legal entities against corruption English Abstract The main aim of the thesis is to describe the phenomenon of compliance programs and its meaning for corporate entities, since nowadays in the Czech Republic, the criminal compliance takes more dominant part in the corporate culture. Described theme is actual mainly after the legislation changes of the criminal liability act and criminal prosecution against it act n. 418/2011 Sb. made by amendment n. 183/2016 Sb. The new version of the act includes § 8 art. 5, which means, that corporate entity can exculpate its liable criminal behaviour, if it exercises the maximum effort which may be demanded from it to prevent such criminal action. Thesis aims to describe this theme, compare the legal solutions in international scale and suggest possible legal changes for problematic parts of the act de lege ferenda. The first chapter describes corruption and its structure in general and from the perspective of the czech legal system. Corruption and the fight against it is described also from the international point of view. The second chapter adds the description of corrupt criminal offences and states some of consequential definitions needed for work with the term. The third chapter contains the description of corporate...
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Moral crime and prevention
Urban, Bernard ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Thesis title: Moral crime and prevention The thesis deals with the issue of moral crime and prevention. It focuses on the existing regulation of these crimes contained in Act No 40/2009 Coll., the Criminal Code, as amended. Furthermore, in this work the current regulation is compared with the previous one, namely the Criminal Code No 140/1961 Coll. The main aim of the thesis is to provide a basic and comprehensive insight into the field of moral crimes, focusing on the characteristics of the changes in the last ten years. Another aim is to outline the stereotypes and myths that have been and are tied to the crime of rape and their analysis. The thesis deals with morality and crime in general in the first chapters. It also focuses on moral crime and its possible causes. This general basis is necessary to understand the rest of the work. The thesis mentions national and foreign sources dealing with moral crime. The most important provisions are highlighted for some international documents, and the work also contains an analysis of the Istanbul Convention which is to be ratified by the Czech Government in the near future. The most extensive part of the thesis deals with both criminological aspects of moral crime and detailed regulation of individual facts of the case of moral offenses. In comparing...
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Settlement in criminal proceedings
Neužil, Zdeněk ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
This diploma thesis addresses issues of the institute of settlement in. The institute of settlement is one of the diversions in criminal proceedings. Diversions (divergences) in criminal proceedings are construed as special types of criminal proceedings, alternative to standard hearing of a case in main trial, within which the criminal case can be settled. The institute of settlement was incorporated into the Czech Criminal Procedure Code by the amendment n. 152/1995 Sb., that became effective on 1st September 1995. The essence of the institute of settlement is a conclusion of an agreement between the accused person and the damaged person. Such agreement is then approved and the criminal prosecution against the accused person is therefore terminated. It is thus achieved the settlement and elimination of the confrontation which was caused as a result of the committed crime between the accused person and the damaged person concerned. Title: Settlement in criminal proceedings Key words: Settlement; settlement of the confrontation between the accused person and the damaged person; approval of the settlement; diversion in criminal proceedings; Code of criminal procedure; restorative justice
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