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Residential inspection and inspection of another area and land as allowable intervention into the constitutionally guaranteed rights and freedoms
Děček, Milan ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The subjects of this rigorous thesis are two crucial institutes of criminal proceedings, namely search warrant and other areas search, acts of criminal proceedings bodies that legally limit the inviolability of the home and privacy. The author aims to analyse chosen inviolability of the home and privacy interferences and their constitutional conformity, legal regulation and practice of the courts regarding given institutes. The author analyses, apart from mentioned institutes of criminal law, also selected provisions of the Czech legal order, upon which the inviolability of the home interference arises. Besides search warranty and other areas search and plots can the the inviolability of the home and privacy interferences be seen in other countless cases, especially in the field of administrative law.
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Carrying out a search of the premises where a lawyer practises the law
Hřebíček, Vladislav ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Vladislav Hřebíček: Carrying out a search of the premises where a lawyer performs the advokacy Abstract In his thesis, the author deals in detail with the issue of the execution of searches, carried out in the spaces where a lawyer performs advocacy (Art. 85b of the Code of Criminal Procedure). After describing the way of seizing evidence within the Czech criminal proceeding in the first chapter, and consequentially also the contents of the Art. 85B of the Code of Criminal Procedure, including its historical context, he deals with a detailed explanation of the crucial terms (lawyer, performing advocacy, obligation of confidentiality etc.) in the second and third chapters, paying special attention to the question of defining the space where a lawyer performs advocacy (administrative versus functional definition) and the issue of the so called "clouds". In the fourth chapter he deals with the circumstances, under which the lawyer is not bound by the obligation of confidentiality, which is a crucial question maley from the point of view of the judge deciding on replacing the approval of the representative of the Czech Bar Association with the police authority getting acquainted with the contents of the documents seized during the search. In the following, fifth, chapter, the author deals in detail with the...
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Crimes relatring to the abuse of addictive substances
Bohuslav, Lukáš ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Crime Related to Substance Abuse The topic of my thesis is Crime Related to Substance Abuse which is focused on drug- related crime. The main aim of this work is to explain drug problematic in penal law consequences to the reader. First Chapter introduces the reader to drug problematic and drug addiction issue including drug crimes, defining health, social, psychological and economic risks and dangers which may be caused by drugs. The drug crimes are divided into few basic categories because of different rational motives why those crimes are committed. Then, several essential terms connected to drug abuse are explained. Second Chapter deals with classifying drugs into several categories and analyzing their different characteristics. Third Chapter concerns with international cooperation, including its history and current international law treaty's on drugs passed within the United Nations. Three essentials applicable and effective treaties are following: Single Convention on Narcotic Drugs (1961), Convention on Psychotropic Substances (1971) and United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988). They involve international regulation and control of narcotic drugs and psychotropic substances. The Czech Republic acceded and signed all of them. Theirs...
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The Issue of the Concept of Criminal Custody
Šimek, Václav ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
- The Issue of the Concept of Criminal Custody This diploma thesis deals with the instrument of criminal custody as a security instrument. This instrument is considered as quite controversial in view of the fact that it's usage means the conflict between the interest of the investigating authority to accomplish the purpose of prosecution and person's right to personal freedom guaranteed by the Charter of fundamental rights and freedoms while the accused has to be treated as innocent according to the principle of presumption of innocence. The goal of this diploma thesis is to provide a comprehensive overview of the current legislation of the instrument of custody and also of the problems connected with custody. The thesis is divided into seven chapters including the introduction and the ending chapter. The second chapter deals with the development of the custody legislation in history and major part of the chapter is focused on the Act's of criminal procedure from years 1873, 1950 and 1961. The third and the fourth chapter pay attention to the current legislation which is included in the Act of criminal procedure no. 141/1961 Coll. The third chapter extensively describes the meaning of the term of custody, custody reasons and the alternative instruments which the custody may be substituted with. The...
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Criminal defences in Czech and Irish criminal law
Kubíčková, Tereza ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Criminal defences in Czech and Irish criminal law This thesis deals with the analysis of individual elements of criminal defences under the Czech and Irish criminal legal statutes with respect to the conclusions, which are therefrom drawn in theory and practice. The aim of this thesis is to render an overview concerning the distinctions and similarities in understanding, importance and operating of the defences in different law systems, rather than to present an exhaustive commentary on all legal institutes which exclude illegality and as such come into mind. Regarding the fact that Czech and Irish systems of law are subsumed under different legal systems, particular institutes of criminal defences cannot be based on the same rules, principles and theoretical grounds. It shall be noted, that while Czech criminal law is mainly to be found in a single piece of legislation known as the Criminal Law Act, Irish criminal law on the other hand not only has a separate statutory legislation, but also mainly depends on common law. The subject has been processed under consideration of the present-day legal regulation, whereas particular legal institutes are structured in compliance with the structure of the Czech Criminal Law Act. The topics of origin and development of defences has intentionally not been...
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Controversial issues of self-defence in Czech case law
Houzar, Petr ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The focus of the thesis is set on the controversial issues connected with a legal institute of Czech criminal law called "self-defence", and how these controversial issues were dealt with within judicial practice. The first chapter serves as an introduction to the whole topic. The second chapter describes the concept of self-defence, as well as its prerequisites. The self- defence was classed into the system of criminal law. The goal of the third chapter is to define preconditions which are necessary in connection with application of the self-defence institute. The main parts of this chapter describe firstly attacking, first of all and secondly defence. Subsections of this chapter analyse the term of attacking itself, the attacker and his characteristics, the term of harmfulness of such attacks towards society. As for the second part of the third chapter it focuses on the defence itself, its proportionality etc. The fourth chapter is about the role of judicial practice within the context of Czech legal system. This chapter serves as a relevant contribution to the main part of the thesis, which is chapter five. Chapter five introduces specific cases, especially those which were at some point controversial. The specific case is briefly described and the controversial issue is named and further...
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Legal aspects of the indoor production of liquors and certified distillation
Kutěj, Vladislav ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Legal aspects of the indoor production of liquors and certified distillation The author analyzes all possible crimes, which can be comitted in the indoor production of liquors or during certified distillation. Firstly, he defines key terms and provides the sources important for the field of liquor production, provides information about history of liquors making and explains how the certified distillation works. The thesis also includes the author's own definition of yet undefined legal concept of the indoor liquor production. In the section devoted to the analysis of individual crimes, the author first looks at the offense of illegal production of alcohol, which has been excluded from the criminal Code. The recent health crisis in Czech republic called Methanol affair is described in the thesis as well with connection to indoor production of liquors and certified distillation. The part about the Methanol affair also describes why the crisis happened and what were the consequences for people living in Czech republic (prohibition, death of many citizens, injuries etc.) Detailed examination in relation to the indoor production of liquors and certified distillation is provided to crimes against life and health, economic crimes and to generally dangerous crimes. During the indoor production of liquors or...
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Criminal aspects of Child Abuse
Šeflová, Dominika ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
This thesis on the topic of criminal aspects of Child Abuse is trying comprehensively to introduce the issue of child abuse primarily in association with CAN Syndrome. Child abuse is very dangerous social phenomenon, mainly because the victim is child who is considered to be defenceless and trusting being. The Child Abuse and Neglect Syndrome has several forms of abuse and that is what makes it even harder to discover and early intercept not just for uninitiated society but even for specialists. The expert knowledge of this issue is still behind to where it should be. That also reflects on the legislation. Even though it is trying to deal with this problem there are still certain shortcomings, which should be improved. This thesis is divided into sex chapters. First chapter concentrates on the term CAN Syndrome itself and on his evolution. It also includes statistics on victims of different forms of CAN Syndrome. Second chapter contains single types of child abuse and forms in which they can be manifested and observed by the environment. The third chapter deals with the offenders in different types of child abuse. What might be their characteristics and what life situation could lead them to commit criminal act. The forth chapter is devoted to the victims of single types of child abuse, their...
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Settlement in criminal proceedings
Hegerová, Klára ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The topic of this diploma thesis is the settlement in criminal proceedings, one of diversions, or also alternatives to typical course and outcome of criminal proceedings. The settlement was incorporated into the Czech Criminal Procedure Code by the amendment n. 152/1995 Sb. with the effect on 1st September 1995. The settlement is an institute of criminal procedure law originating in restorative justice principles and its goal is to restore affected relationship between the defendant and the victim. Then proceedings of the settlement should not serve only to compensate the victim, as is sometimes perceived by the public, but also to clarify causes of the conflict during the active participation of both parties and to assume personal responsibility for the crime committed which may have significant effects in terms of criminal prevention. Despite the fact that the settlement is a form of diversion beneficial to the defendant (it leads to cessation of prosecution), victim (it is faster to obtain the compensation) and society (prevention from committing other crimes, relieving courts in favour of complex and serious crimes), it is rarely used in practice. In the first chapter I generally deal with the concept of diversions in criminal proceedings, their fundamental characteristics and common features...
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