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Hate Speech on the Internet
Maška, Jan ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Hate Speech on the Internet Abstract The topic of the presented diploma thesis, Hate speech on the Internet represents a computer and internet crime area, the meaning of which is current and which is dynamically developing. In the first part of the work, primarily, basic concepts are introduced, such as computer and internet crime, hate speech, bias crime, extremism or freedom of speech (which is largely connected with hate speech, as they represent an exception to the right to this freedom). The concept of hate speech is also interpreted in the context of human rights and related values, such as equality and freedom. Furthermore, the work clarifies the terms computer and the internet and presents the basic elements and principles of the functioning of the internet and computer networks, maps their development and certain characteristics, including a certain insight into some aspects of their influence of society. The second part of the thesis is devoted to an overview of the legislation of the Czech Republic in relation to hate crimes, especially from the point of view of criminal law. The overview begins with a summary of the constitutional- legal matter, followed by the substantive-legal regulation of criminal law. A brief overview of legislation regulating the dissemination of information on the...
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Corruption in health care in the Czech Republic
Kramář, Rudolf ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee) ; Kuchta, Josef (referee)
1 Corruption in health care in the Czech Republic Abstract The topic of this dissertation thesis is the issue of corruption in health care in the Czech Republic. It is a broad topic with a wide range of related aspects that go far beyond the limited scope of the dissertation. Corruption in the health sector certainly takes a number of forms and can be assumed in a cross-sectional way in almost all areas of which health care consists. From public procurement and the selection of managers of state hospitals, through the conclusion of contracts of health insurance companies and the cooperation of pharmaceutical or supply companies with doctors, to corruption in the relationship between the patient and the provider of health services. The last mentioned area is to some extent specific to health care, and the author elaborates on the reasons in detail. The problem, from the point of view of criminal law, however, lies in the fact that this area of corruption in the health sector is very difficult to detect due to the intimacy of the doctor-patient relationship. After a brief introductory excursion into individual potential areas of corruption in the health sector, the author focuses in more detail on the corrupt environment within the relationships - simply put - of the doctor and the patient, respectively the...
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Presumption of Innocence
Svoboda, Timon ; Gřivna, Tomáš (advisor) ; Říha, Jiří (referee)
Presumption of Innocence: Possible Limitation and Obstacles to Fulfillment Abstract The presumption of innocence is one of the oldest legal principles, a guarantee of an objective approach to the accused in criminal proceedings and a human right. This thesis deals with the concept, content and history of the presumption of innocence and its embodiment in law and nature, not only from a legal point of view. The author comes to the conclusion that the presumption is not of absolute nature and it is possible to limit it in order to preserve other values. The main topic of the thesis is the issue of the possibility of limiting the presumption of innocence. Based on the analysis of ECtHR and Constitutional Court jurisprudence and opinions of experts, the author comes to the conclusion that the presumption of innocence can, under certain conditions, be limited in a permitted manner firstly by placing the burden of proof on the accused, secondly as a result of the statutory regulation of proceedings on extraordinary remedies filed in favor of a deceased convict and thirdly as a result of the accused pleaing guilty. On the contrary, in the case of pretrial detention, the author came to the conclusion that the imposition of pretrial detention is not a limitation of the presumption of innocence. However, the...
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Criminal and Criminological Aspects of Spreading Disinformation
Řeháková, Pavlína ; Gřivna, Tomáš (advisor) ; Říha, Jiří (referee)
Criminal and Criminological Aspects of Spreading Disinformation Abstract This master thesis focuses on the spread of disinformation within criminal law and criminology. The master thesis analyzes and describes the phenomenon of disinformation, detects criminal offences that may be committed in connection with the spread of disinformation and describes such criminal activity from the criminological point of view. The text of this thesis is divided into three parts, the core of the thesis is in the second and third part. The first part of the thesis deals with the term of disinformation and related terms, such as misinformation, fake news, hybrid and information warfare, hybrid threat and propaganda, specifically their definitions and explanations. The second part of the thesis is criminological, therefore it deals with criminological aspects of spreading disinformation. Within the scope of phenomenology, the state and dynamics of crime are described with the help of police statistics. This chapter also addresses the possible characteristics of perpetrators and victims of criminal activity related to spreading disinformation. The etiological chapter analyzes the causes of the spread of disinformation and criminal activity related to such spread. Last chapter of this part deals with crime control, specifically...
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Obtaining digital evidence for criminal proceedings
Sadílek, Martin ; Gřivna, Tomáš (advisor) ; Říha, Jiří (referee)
Obtaining digital evidence for criminal proceedings Abstract The present diploma thesis analyses the criminal law procedural instruments that can be employed by the law enforcement authorities of the Czech Republic in obtaining digital evidence, mainly focusing on Act No. 141/1961 Coll., the Criminal Procedure Code. The first chapter focuses on analysing the digital evidence concept, considering various approaches to its definition. Consecutively, the term is defined for the purposes of the present thesis, and the chapter concludes with a description of the digital footprint attributes. The second chapter addresses international regulations, namely the Convention on Cybercrime, with regard to the obtaining instruments its signatories are obliged to implement in their legislation. Moreover, the chapter also analyses how the Czech Republic has fulfilled its implementation obligations. The focus of the thesis represents the analysis of the national legislation, discussing the individual procedural instruments used by law enforcement agencies and their pitfalls. In particular, the thesis emphasises the description of the identification of operational and location data, especially considering the topic of data retention and the issuance of orders for the identification of operational and location data in the...
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Criminal Liability for the Dissemination of Illegal Content on the Internet
Bydžovský, Petr ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
and key words Thesis title: Criminal Liability for the Dissemination of Illegal Content on the Internet The thesis deals with the issue of criminal liability for the dissemination of illegal content on the Internet with a closer focus on the issue of hate crime, extremism and terrorism. It is divided into two parts, each of which represents a separate chapter. The work is mostly based on case law sources, but parts dedicated to cases in which are criminal proceedings still pending are using Internet sources mainly. The first part categorizes harmful content on the Internet and enumerates the possibilities of its regulation, then deals more generally with concept of criminal liability, distinguishing the specifics of natural and legal persons. It deals with other possibilities of sanctions of legal persons by instruments other than criminal law, including giving examples from case law where these instruments were used. It defines the terms "cyberspace", "cybercrime", "computer crime", discusses the scope of criminal law on the Internet. It also addresses the problem areas of sanctioning hate speech in terms of the international nature of cyberspace, in particular with regard to differences in freedom of speech legislation in the United States, including specific examples where, despite differences,...
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Criminal Liability for the Dissemination of Illegal Content on the Internet
Nikl, Ondřej ; Gřivna, Tomáš (advisor) ; Krupička, Jiří (referee)
Criminal Liability for the Dissemination of Illegal Content on the Internet Abstract As the title of my work suggests, I deal with the issue of criminal liability for the dissemination of illegal content on the Internet. The work is not generally focused on the mechanism of creating criminal liability or shedding light on the concept of illegal content. However, these topics are defined in the first chapter, along with other concepts related to this work. The heart of this work is represented by two areas that cover most of the illegal content distributed on the Internet, namely pornography and hate crimes. These areas are the main theme of my work. The aim of this work is to analyze the issues of these two areas and especially the specifics that are associated with the virtual world. The work deals with both the regulations of European and domestic law, as well as case law. I constantly tried to compose my thoughts in my work, especially in the conclusion, where the de lege lata consideration of the criminality of using the so-called reaction buttons on social networks is described. A large part of internet hate speech has moved to them, and I think that this trend will only continue. The work is divided into four chapters (if I do not count the introduction and conclusion). The first chapter defines the...
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Criminological and criminal law aspects of the ransomware spread
Lédl, Kryštof ; Gřivna, Tomáš (advisor) ; Richter, Martin (referee)
67 Criminal-law aspects and criminological aspects of ransomware spread Abstract The thesis deals with the ransomware spread and its exploration from the perspective of criminology and substantive criminal law. This theme is still relevant as ransomware is still a highly used form of cybercrime, whose method of execution is being constantly improved by the perpetrators. The theme is further relevant because this form of cybercrime is also used as a form of waging war against another state, as may be seen e.g. in the increasing number of cyber-attacks incurring in connection with the current war between Ukraine and Russia. The first part of this thesis defines the term ransomware and then briefly describes the history of this type of cybercrime. This part further describes the different types of ransomware currently recognized by the professional community. Current trends in the ransomware spread are also outlined. The second part discusses the criminological aspects of ransomware, focusing primarily on explaining the ransomware spread by the criminological theories, examining the personality of the perpetrator and the victim from a criminological perspective, and exploring other criminological aspects of ransomware. The third part of the thesis concerns the assessment of ransomware spread under substantive...
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"European Public Prosecutor's Office: Comparative Analysis with Particular National Prosecution Systems"
Široký, Filip ; Tomášek, Michal (advisor) ; Gřivna, Tomáš (referee)
The European Public Prosecutor's Office: Comparative Analysis with particular National Prosecution Systems Abstract: The European Public Prosecutor's Office provides not only a major breakthrough in the framework of European Criminal Law, but a revolutionary concept as a first cross-national prosecution system as well, including the non-European jurisdictions. Taking into account how sensitive is the matter of convergence of European Criminal Law for the Member States, as well as their endeavour to preserve sovereignty with regard to criminal policies, it is obvious, that there was not (and still is not) any agreement regarding the form, or even mere existence, of the EPPO. In my opinion, for the purposes of the EPPO's efficiency assessment, as well as alternatives of its particular aspects, it is most suitable to compare it with other existing prosecutions systems in chosen developed countries. Germany, France, USA and Japan were chosen as those countries, pursuant to the criteria of both Anglo-American and continental legal systems representation, the countries' GDP, geopolitical significance, the development of their legal systems in history, and the type of political establishment. In the first part of my thesis, I focus on analysing the aspects of the new office, its historical background and position...
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Limits of interference with constitutionally guaranteed rights and freedoms in criminal proceedings
Doležalová, Dominika ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Limits of interference with constitutionally guaranteed rights and freedoms in criminal proceedings Abstract The presented thesis deals with one of the key issues of criminal procedural law, namely the limits of interference with constitutionally guaranteed rights and freedoms in criminal proceedings. The regulations of criminal proceedings in the Czech Republic, a democratic state governed by the rule of law, must, while preserving the tools for effectively combating crime, contain such guarantees of a fair trial that the full protection of the rights and freedoms of the persons being prosecuted is ensured. In view of the increasing standard of protection of fundamental rights and freedoms on the one hand and the increasing sophistication of criminals as a result of globalisation and the rapid development of modern technology on the other, this creates an extremely difficult task for the legislator. This thesis presents a detailed analysis of the issue. Recent developments in the Czech jurisprudence made apparent certain gaps in the legislation of criminal proceedings, specifically in the area of "evidence" and in the related area of interception. For this reason, the first out of the five chapters of the thesis discusses the establishment of the practice of fair trial in the Czech Republic, which puts an...
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