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Legal and criminalistic aspects of crime scene investigation in criminal proceedings
Kolářová, Kateřina ; Šelleng, Dalibor (advisor) ; Dvořák, Marek (referee)
This diploma thesis deals with the legal and criminalistic aspects of crime scene investigation in criminal proceedings, This metod is specified in the current legal regulation of section 113, Act No. 141/1961 Coll., Czech Criminal Procedure Code. Crime scene investigation is one the basic procedural acts, which often provides the only information about the investigated crime. Further, this special method provides key evidence leading ultimately to a final decision in the criminal proceedings. There are high demands on criminal authorities to investigate the crime scene. A possible misconduct could lead to the unusability of the investigation of crime scene as evidence in criminal proceedings. This is also highlited by the nature of investigation of crime scene as an urgent and unrepeatable act. The text of this diploma thesis consists of three chapters. In the first chapter, there is general definition of crime scene investigation, its basic characteristics and principles. The following is a brief definition of the legal interpretation and a comparison to the upcoming version of criminal procedure code. The content of the other chapters are criminalistic-tactical principles applied in the actual investigation of the crime scene, from security measures to the inveestigation of crime scene itself....
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Methodology of investigating drug crimes with a focus on production of methamphetamine
Vávra, Vojtěch ; Dvořák, Marek (advisor) ; Šelleng, Dalibor (referee)
Methodology of investigating drug crimes with a focus on production of methamphetamine Abstract This thesis deals with methodology of investigating drug crimes with a focus on production of methamphetamine. Considering the complexity of the mentioned topic, it takes into account substantive and procedural criminal law, criminalistics, criminology and addictology. In the first chapter, in addition to describing the forms, effects and methods of methamphetamine production, with an emphasis on the Czech way of methamphetamine production, the historical genesis of the problem is also presented. The second chapter defines the terms small-scale production, medium-level production and large-scale production in order to increase legal certainty. The thesis draws inspiration from the current methodology of the National Drug Headquarters and the United Nations. This part of thesis also includes a statistical section dealing with the structure of drug crime in terms of prosecutions and seized clandestine laboratories. The third chapter describes a typical drug offender. The offenders are divided according to their level of professionalism into three groups: amateur, semi-professional and professional. This paper also discusses individual roles in an organized group, which it classifies as mandatory and optional in...
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Crimes Against Wildlife
Vokoun, Michal ; Dvořák, Marek (advisor) ; Šelleng, Dalibor (referee)
Crimes Against Wildlife The subject matter of this diploma thesis is the protection of wildlife species by means of criminal law. It maps the current legal regulation in this area at the international level, on the EU level, as well as in the Czech national law, especially in terms of possible criminal sanctions that can be imposed under the law for illegal handling of these animals. On the global scale, it covers in particular the CITES Convention, but also other international conventions such as the Bonn Convention, the ICRW or the Bern Convention. As for the law of the European Union, it works with the CITES Regulation and other related regulations, as well as the Directive on the protection of the environment through criminal law. As far as the Czech law is concerned, the thesis provides a detailed analysis of the crimes most closely related to the issue, i.e. the crime of unauthorized handling of protected wildlife species under s. 299 of the Criminal Code and s. 300 of the Criminal Code (in the negligent variant) and the crime of poaching under s. 304 of the Criminal Code. Here, it analyses the individual elements of these crimes, including the circumstances conditioning the application of higher penal rates, and also addresses the justification and difficulties with the application of...
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Legal aspects of forensic dactyloscopy and its perspectives
Andrašková, Tímea ; Dvořák, Marek (advisor) ; Šelleng, Dalibor (referee)
Legal aspects of forensic dactyloscopy and its perspectives Abstract The main theme of the diploma thesis is forensic dactyloscopy. It is an identification method that is nowadays an essential part of forensic science. This method is based on three fundamental principles of fingerprinting concerning the relative constancy, non-removability, and individuality of papillary lines. The key to the success of the method is the use of absolutely unique markers. Due to this, dactyloscopy can be used in detection and investigation of crimes. The thesis is divided into four thematic parts. In the first one, attention is paid to the history of dactyloscopy and the personalities who have connected it with forensic science. Chapter two focuses on defining the substance of forensic dactyloscopy from the scientific point of view. The object of this section is to elucidate the reasons why dactyloscopy can be considered a reliable and fundamentally infallible identification method. The third chapter converts scientific knowledge into forensic practice. The purpose is to explain simple mechanism of the formation of fingerprint traces and to introduce the techniques by which a fingerprint can be made suitable for laboratory examination. The chapter discusses not only traditional methods of searching for and securing...
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Problems of Investigation of Staged Homicides
Chvojková, Tereza ; Šelleng, Dalibor (advisor) ; Dvořák, Marek (referee)
PROBLEMS OF INVESTIGATION OF STAGED HOMICIDES Abstract The presented diploma thesis deals with the issue of investigation of staged homicides. The primary aim of the thesis is to point out the specifics and problems that investigation of staged homicides entails. The thesis places particular emphasis on the unusualness of the crime scene search that comes with the investigation of staged homicides, then on the importance of use of the forensic expertise, and, finally, on selected problems related to this type of investigation. In addition, the thesis aims to confront the theoretical part with practical knowledge obtained from people participating in the investigation. Furthermore, the thesis also aims to provide an evaluation of the current practice. The thesis consists of seven chapters apart from the introduction and conclusion. In the first chapter, the concept of staging is generally defined, and further attention is paid to homicide staging and reflection on foreign studies. The second chapter is devoted to the legal definition of homicide and its criminalistic characteristics. The third chapter contains brief characteristics of individual staging methods that may appear in criminalistic practice. The fourth chapter deals with the actual investigation of staged homicides, especially the aspects of...
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The Specifics of Children Interrogation
Folprechtová, Kateřina ; Šelleng, Dalibor (advisor) ; Dvořák, Marek (referee)
in English, Title and Keywords The Specifics of Children Interrogation Children, meaning people under 18 years of age, appear in criminal procedures rather often and have various process statuses. Therefore, they can get into a situation in which they have to be interrogated. In these cases, they need a different approach than adults. Moreover, they also deserve an extra level of protection. Legislation has taken this into account by specifying how children should be treated during criminal procedures, interrogation included, in numerous details. Amongst these legal provisions, one can find for example the legal provision about necessary protection of minors, about the presence of certain other people during interrogation or the provision regulating the possibility of interrogating children before the prosecution officially begins. Both the Constitutional Court of the Czech Republic and also the European Court of Human Rights have commented on the possibilities of interrogating children before the prosecution start and then using such obtained protocols, especially on the aspect of preserving the rights of defense. Both have declared that such obtained evidence can be used in criminal proceedings despite the fact that the right to a fair trial has been violated, because there are either other...
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Forensic Ballistics
Stipplová, Nikola ; Krupička, Jiří (advisor) ; Dvořák, Marek (referee)
The goal of this thesis is to provide basic information on forensic ballistics and 3D printed weapons. The thesis is based on the analysis of Czech and international monographies and articles and provides insight into the legislative regulation of firearms in selected countries and the Czech Republic. The thesis is split into seven thematic chapters. The first chapter introduces the reader to the concept and function of forensic ballistics, generally defines the objects of its investigation and describes its various categories. The following chapter focuses on the history of forensic ballistics, both abroad and in Czechoslovakia. This chapter describes interesting cases and personalities who helped form forensic ballistics. The third chapter defines the objects of investigation in more detail. Firearms, ammunition, objects struck by bullets, and other tangible and intangible objects are described in more detail. The next two chapters focus more closely on the work of the ballistics expert, with chapter four describing ballistic marks. It outlines where to find them, how to locate and secure them, and the role played by the Ústřední sbírka balistických stop (Central collection of ballistic marks) and the Centrální registr zbraní (Central registr of fireamrs). In contrast, chapter five deals with...
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Criminal Aspects of Corruption
Urich, Dominik ; Dvořák, Marek (advisor) ; Šelleng, Dalibor (referee)
Criminal Aspects of Corruption This diploma thesis focuses on corruption as a negative social phenomenon which is as old as humanity itself, especially, through the viewpoint of criminal law as a means for ultima ratio. It analyses substantive and processional law aspects of corruption in legal regulations of the Czech Republic as well as in international regulations. This thesis concerns itself with criminal acts of bribery and means used to uncover, investigate, and prove corruptive practices. The introduction of this thesis concentrates on the explanation of its key term "corruption" and terms that directly or indirectly fall under the concept of corruption, as well as the reasons why corruption occurs, its development stages and the structure of corruption, including manners of corruptive behaviour. In the second chapter of this thesis the author looks at corruption from a historical viewpoint by means of an excursion into the global history of this phenomenon. Especially concentrating on the first references to corruption and legal regulations in place on the Czech territory since 1707 up to the Velvet Revolution. The main section of this diploma thesis is contained in the third and fourth chapters. The third chapter provides a detailed analysis of criminal acts connected to corruption,...
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Crime scene reconstruction
Suková, Kristýna ; Krupička, Jiří (advisor) ; Dvořák, Marek (referee)
Crime scene reconstruction Abstract The theme of this Diploma thesis is crime scene reconstruction (also known as crime reconstruction). The author if this thesis focused primarly on Czech law. Crime scene reconstruction is type of criminalistic reconstruction. It is a forensic science discipline based on reconstruction of events and situations that occured as crime was being commited. Crime scene reconstruction is mainly used for cases of severe crime activity such as rape or muder. It was reglemented to Czech Criminal Procedure Code as one of "Special Means of Evidence" in 2001 when the so called "the big novelization" of Criminal Procedure Code took place. The other special means of evidence reglemented alongside with reconstruction were confrontation, recognition, investigation attempt and on site examination. The main aim of this diploma thesis is to thouroughly describe crime recontruction as one of the means of evidence. Leading method used in this project is the descriptive method followed by the comparative method. Finally analysis is also used in attempt to bring some new perspectives on the theme. Secondary aim of this diploma thesis is to compare reconstruction with other chosen Means of Evidence reglemented in the Criminal Procedure Code. Lastly next supporting aim is an attemt on analysis of...
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Methodology of Investigation of Murder
Němcová, Michaela ; Musil, Jan (advisor) ; Dvořák, Marek (referee)
Methodology of Investigation of Murders Abstract Methodology of invecstigation of murders includes criminologistic characteristic of a murder and also a proces of investigation of murders and another crimes aganinst life by a law enforcement agency. This thesis if focused on the methodology of invecstigation of murders, while at its end it is focused on serial murders. This thesis describes murder itself as same as specifics of its investigation including a crime scene, primary and following acts of investigators and description of a murderer and a victim. The aim of this thesis is to link and describe single aspects of the murder itself and also of the methodolgy of investigation of murders and to merge them and get them in coherence, so i tis posibble to fully understand them. This thesis consists of three main chapters. In the first one there is the murder described from the legal point of view. There is the progress of its legal definition described and then there are single elements of this crime analysed. Then there are privileged elements of crimes described. In the second - main - chapter there is methodology of invecstigation of murders described starting with criminologistic characteristic of a murder and typical traces and in the end there are primary and following acts of investigators. This...
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