|
|
The crime of habitual drunkenness under s. 360 of the Criminal Code
Kolčavová, Vladimíra ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The crime of habitual drunkenness under s. 360 of the Criminal Code The subject of my thesis concerns the crime of habitual drunkenness under s. 360 of Act. No. 40/2009 Coll., Criminal Code, as amended. In this thesis I describe not only its political theory but also its historical background and evolution in the Czech Republic. The crime of habitual drunkenness was and still is considered to be an atypical crime with very unusual analogy in respect of the Criminal Code. However, this crime is somewhat a break through in the fundamental principle of criminal law, the principle of liability for fault (nullum crimen sine culpa). This crime is considered unusual because of its specific legislative and legal construction as well as its extraordinary implications in terms of theoretical principles and requirements which are the basis of criminal law. All of the above mentioned attributes, historical and current concepts and proposals de lege ferenda can be found in this thesis. This thesis is divided into ten chapters. For clarity, these chapters are divided into multiple sub-sections. First chapter deals with the notion of insanity which, by no means, goes hand in hand with the crime of habitual drunkenness. Second chapter is a complex summary of the historical evolution from Maria Theresa codes until...
|
|
|
The issue of concept of criminal custody
Bělecký, Jan ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
59 8 Abstract - The issue of concept of criminal custody My diploma thesis deals with the criminal custody. It is an indispensable part of criminal process where personal freedom comes in a conflict with the effectivity of prosecution. Accused people are taken into custody before there is a decision on the matter and therefor the application of presumption of innocence is limited. Even though custody is not a punishment it can have very severe impacts on the accused person coming close to the impact of an actual punishment. The first part of the diploma thesis deals with the historical course beginning in the pre-hussite era until the present day. Second part obtains a brief explanation of what the term criminal custody means. The third part contains detailed characterization of the criminal custody reasons, strengthened criminal custody reasons and surrogate measures as well. The fourth part concerns about the rules of who is authorized to decide if an accused person is taken into criminal custody, the maximum length of the criminal custody, revisions of criminal custody legitimacy and decisions about further criminal custody duration. The diploma thesis should be able to describe the basic rules concerning the criminal custody.
|
|
|
Legal aspects of the criminal offence of poaching
Slobodník, Martin ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The purpose of this thesis is to provide a detailed analysis of a relatively narrow issue belonging to the criminal law, namely the criminal offence of poaching. The key part of this work examines the merits of § 304 of the Act no. 40/2009, The Criminal Code, and focuses also on its systematic inclusion in the head VIII, called Crimes against the Environment, constituting a part of the special section of the aforementioned code. I attempt to gather the existing conclusions of the doctrine as well as the jurisprudence and to present them in an organized way. I also endeavour to critically assess a number of selected passages and to add my own reflections. In addition, several practical examples are briefly highlighted in order to enrich this work. This thesis will be divided into four main chapters - the Introduction, the Poaching legislation de lege lata, the Poaching legislation de lege ferenda and the Conclusion. Regarding the introduction, the reasons which led me to choose and critically analyse this socially negative phenomenon are shortly outlined. Furthermore, I explain my view of poaching as a long-lasting problem in our society. With respect to the chapter dealing with the poaching legislation de lege lata, it forms the main part of this thesis. Firstly, I aim to consistently categorize...
|
|
|
Felony illegal production and other handling of narcotic an psychotropic substances and poisons § 283 criminal law - current topics
Novák, František ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
This thesis deals with the topic that is related to drugs. This problem is quite broad content, it can accommodate several respects. The author chose a certain part, namely the crime of unauthorized production and other handling of narcotic and psychotropic substances and poisons under § 283 of the Criminal Code, in the context of the current situation. The theme of the drugs problem was processed in many dissertations, but it should be noted, has continued to discover new knowledge and to change trends in the drug scene. The work consists of seven separate chapters. The first chapter introduces the reader to the issue, which is related to drugs and also defines the basic concepts relating to drugs and drug-related crime. This chapter is important for understanding the following chapters. The second part of the introductory chapter describes the division of drugs and about each group is given basic information. The second chapter provides a history of the legislation related to drugs from Austro- Hungary until the present. The author dealt with national legislation and put the emphasis on the adjustment the factsof the case of unauthorized production and other handling of narcotic and psychotropic substances and poisons under § 283 of the Act no. 40/2009 Coll .. Analysis of the current situation in...
|
|
|
Detention of a person caught when committing a crime
Kročilová, Nina ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Title: Detention of person caught committing a crime Key words: Securing, a detention, suspicious person Abstract The purpose of this theses was an analysis of valid legislation of detention of a person while committing a crime and following judicature conclusions. The detention of an individual, as one of the ensuring institutes of the criminal procedure code, is one of the most important security measure immanent to the Czech laws. This measure breaches within the law the protection of personal liberty of an individual in favor of the public authority. Therefore it is necessary to pay attention to this issue and submit its regulation to the public professional debate. The resulting legislation must always reflect the principle of minimizing interference by public authority to the personal liberty of any individual, while reflecting current societal needs. The inspiration for the elaboration of this thesis was a brief insight by the author to the application practice of public prosecutor's offices and relevant police units. This thesis is divided into five chapters which are further divided into subchapters. In the first chapter the reasons for elaboration this thesis are specified in detail. The second chapter provides a general overview of the legislation of securing institutes across the Czech law. It...
|
|
|
Europeanization of Criminal Law
Procházka, Tomáš ; Herczeg, Jiří (advisor) ; Bohuslav, Lukáš (referee)
Thesis entitled "Europeanisation of criminal law" focuses on the approximation of procedural criminal law of European countries under the influence of the European Union and the Council of Europe. Europeanisation of criminal law is a process of adopting common European standards for substantive and procedural criminal law. The thesis is divided into five main chapters. First, introductory, chapter defines basic terms, e.g. europeanisation of criminal law, European criminal law, and points out some of the basic issues with the attention to main development lines of europeanisation. Second chapter provides a comprehensive overview of the historic development of europeanisation of criminal law and the development of police and judicial cooperation in criminal matters. This chapter describes the progress of the idea of approximation of criminal law of European countries with the emphasis on the influence of the Council of Europe and the European Union upon procedural criminal law. It also contains the comparison of legal instruments of these international organisations and points out possible linked issues. Third chapter of the thesis is aimed at the protection of the human rights that is closely connected with the process of europeanisation of criminal law and criminal law in general. It also...
|
|
|
Criminal Liability of Legal Persons in the Czech Republic and in Selected Countries around the World
Březinová, Kristýna ; Tlapák Navrátilová, Jana (advisor) ; Bohuslav, Lukáš (referee)
The purpose of the Rigorosum Thesis named Criminal Liability of Legal Persons in the Czech Republic and in Selected Countries around the World is to comprehensively set forth the issue of the criminal liability of legal persons. The Rigorosum Thesis is divided into five chapters. In the first place the basic terms related to this topic are defined and also the theories of attributing criminal liability to legal persons are set forth. Subsequently the thesis examines the criminal liability of legal persons in the Czech Republic including the evolution of the legislative process and current law in force, the Act n. 418/2011Coll., on Criminal Liability of Legal Entities and Proceedings Against Them. Following chapters are dedicated to the exposition of the foreign legal frameworks, namely legislations in the common law countries and in selected European, Asian and South American countries. The Rigorosum Thesis points out the shortcomings and weaknesses of the legislations concerned and at the same time the author attempts to propose rectifications and improvements. When the legal regulations are explained, the author especially focuses on the most typical and characteristic instruments in the legal frameworks analysed as well as on the institutes, which are unknown to the Czech criminal law....
|
|
|
Alternative punishments with focus on the house arrest sentence
Hofrichter, Tomáš ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The thesis deals with the alternative punishments with focus on the house arrest sentence. This type of punishment was introduced as part of the criminal sanctions system by the Penal Code which came into force on 1st January 2010. The aim of this thesis is to summarize the valid and effective legislation regarding the house arrest sentence, to evaluate its advantages and disadvantages and to propose potantial improvements to the current legislation. The first part of this thesis is divided into three chapters (1-3) which give a brief summary of the basic and concurrently most important terms such as punishment and its purpose, alternative punishments, restorative justice and its principles etc. The first part of the thesis ends with the analysis of the development of alternative punishments in our legislation. The second part of the thesis concentrates in detail on the issue of the house arrest sentence legislation. It is divided into four chapters (5-8), whose objective is a comprehensive analysis of the valid and effective legislation, comparison of the Czech legislation to the foreign legislation with regard to the house arrest sentence, the issue of supervision of the execution of the house arrest sentence and its advantages and disadvantages.
|
|
|
Conditional suspension of criminal prosecution and the settlement as a kind of diversion in the criminal procedure
Kopecký, Adam ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The submitted thesis comprehensively deals with the institutes of conditional suspension of criminal prosecution and settlement. These institutes are kinds of the diversion which includes Czech legal order in the criminal proceedings. The thesis is divided into five main parts. Part one introduces diversion and deals with the causes of its implementation in Czech legal system mainly due to the concept of restorative justice. Furthermore, it complies the diversion as a diversion of standard criminal proceedings and tries to theoretically define its position in the system of alternative punitive measures. The second part is devoted to the institute of conditional suspension of criminal prosecution, including an institute of suspension of the proposal for punishment which can be applied in the summary proceedings. The third part of the thesis deals with the institute of settlement. Both these parts rigorously describe and analyze the terms and conditions of application of these institutes and also mention the proceedings for them. In the fourth part there can can be found the author's reflections about the possible changes and improvements of these institutes within the Czech legal system in spite of de lege ferenda. The comparison of quantitative usage of both intstitutes in the application practices...
|
|
|
Crime relating to the abuse of addictive substances
Holubička, Petr ; Herczeg, Jiří (advisor) ; Bohuslav, Lukáš (referee)
Crime relating to the abuse of addictive substances Crime relating to the abuse of addictive substances is still a current legal issue. It is a very broad topic including many different questions, namely illegal alcohol production, crimes committed by drug users to get money to pay for their addiction or crimes committed on drug users. However, the purpose of my thesis is to analyse drug offences in the Czech Penal law. In the first chapter of this work, I briefly describe the division of drugs into specific groups based on common features and also provide some information concerning origin, usage and effects of the most known substances. Second chapter deals with the history of legal regulation of crimes relating to the abuse of non-alcoholic drugs, because existing legislation is in many ways based on it. In this legal area, our country is still bound by several international conventions and I have incorporated them in this chapter too. Finally, this chapter includes some basic information about our new penal code. The merit of this thesis is contained in chapters 3 - 7. There, substantive rules of drug offences according to articles 283 - 287 of the penal code are analyzed using the commentary on the penal law, articles of legal experts, and especially jurisprudence. In these chapters, I direct...
|
guest ::
