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Public procurement-related crimes
Hřebíček, Vladislav ; Gřivna, Tomáš (advisor) ; Šámal, Pavel (referee) ; Musil, Jan (referee)
Public procurement-related crimes (in Czech republic) (summary of the dissertation) Vladislav Hřebíček In his paper, the author focuses on the area of public procurement-related crimes in the Czech Republic. As there has been no comprehensive coverage on the subject so far, the paper's primary ambition is to sum up the current state of knowledge while critically considering particular resources (mainly legislation and practice of courts), overlapping significantly into the area of daily practice of detecting such crimes and gathering evidence. In the first chapter, the author provides definitions for key terms and examines the term procurement from the perspectives of its legal definition as well as its interpretation based on court practice. Furthermore, the chapter specifies what is to be understood as procurement-related crime, placing this type of crime within the broader context of economic crime. At the same time, it offers answers to the related criminological questions and presents statistical data provided by the Police of the Czech Republic and the Czech Ministry of Interior. The second chapter gives the reader a historical overview of this area of law mainly from the perspective of criminal law. Covering the timeframe of 1918 (when the previous legislation was adopted) until the present day, it...
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Substantiation of electronic evidence
Jirounková, Kristýna ; Gřivna, Tomáš (advisor) ; Mulák, Jiří (referee)
Substantiation of Electronic Evidence Abstract The author focuses on the possibility of "misuse" of data as electronic evidence in the thesis. She describes specifics of electronic evidence and she points out that current technologies are so advanced that they are able to track and map the lives of individuals. The author simulates the investigation of the crime of murder, based on the idea, that thanks to the daily stored data on digital activity of persons in conjunction with GPS data, the physical activity of persons can be proven. She seeks to investigate this crime regardless of the regulation of fundamental human rights and freedoms only by electronic evidence. Eventually she assesses the procedure in the light of legislation. Finally, the author deals with the issue of confidentiality obligations of attorneys at law in connection with the use of electronic devices for the performance of their activities and she points out specifics of search of premises, where attorneys at law perform advocacy. Kristýna Jirounková Thesis 2021 Charles University, Faculty of Law
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The Impact of the State of Emergency on the Assessment of Crimes
Kozáková, Eliška ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The Impact of the State of Emergency on the Assessment of Crimes Abstract The thesis provides an insight into the issue of assessing crimes committed during states of emergency during the pandemic of the covid-19 disease in the years 2020 and 2021. The aim of the thesis was to find out how the state of emergency is reflected in the Criminal Code, to identify the problems caused by the pandemic of the covid-19 disease in this area, and to evaluate the legislation in terms of the identified problems and, if necessary, to put forward de lege ferenda proposals. The Criminal Code provides for a state of emergency in the provisions regulating basic bodies of three crimes, it also includes it among the generally aggravating circumstances and the state of emergency may also play a role in assessing the fulfilment of a circumstance triggering the application of a higher penalty rate for nine crimes. The thesis considers the definition of the above-mentioned circumstance triggering the application of a higher penalty rate for only nine crimes to be unsystematic and therefore proposes examples of other crimes where the circumstance should be included. States of emergency and the covid-19 pandemic have caused inconsistency in the courts' decision-making practice. The courts have disagreed on the necessary degree of...
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Crime of fraud, credit and loan fraud pursuant to section 209,210, 211 and 212 of the Criminal Code
Taschnerová, Jana ; Říha, Jiří (advisor) ; Gřivna, Tomáš (referee)
Crime of fraud, insurance, credit and loan fraud pursuant to section 209, 210, 211 and 212 of the Criminal Code The purpose of my thesis is to consider all the aspects of law structure of frauds in the Czech Criminal Code. The thesis is composed of six chapters, the first chapter dealing with the general term of economic, financial and property delinquency, while the other chapters investigate particularity of different fraud types of the Czech criminal regulation. The methodology employed was a review of the judicial decisions offering contradictory interpretation of fraud statutes. Privatisation process in 1990's started the growing trend of fraudulent actions when some people identified the lack of regulations and opportunity for gaining profit out of it. Despite the fact that we never quantify the true extent of frauds as there remians a high proportion of latent acts, the trend of frauds was (and still is) increasing. Although all the fraudulent activities were punishable pursuant the provision of fraud, damage was not always possible to be proven. Fraud involves intentional misrepresentation or concealment of fundamental information intended to result in an unauthorized benefit of a person. Impossibility to subsume abusive acts under the general fraud has led to the most significant amendment...
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Crime relating to the abuse of addictive substances
Mořkovský, Jan ; Vokoun, Rudolf (advisor) ; Gřivna, Tomáš (referee)
This diploma thesis is divided into nine chapters. The introductory chapters are focused mainly on currently highly discussed issues concerning criminal acts connected with drug abuse and historical roots and development of contemporary Czech legal regulation. The main part of this diploma thesis consists of the description of every single crime regulated by sections 283-287 of Act No. 40/2009, Criminal Code. The last chapter of this diploma thesis afterwards presents the description of the other crimes which are according to the author the most drug abuse related.
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Criminological Aspects of the Drug-related Crime
Novák, Radek ; Vokoun, Rudolf (advisor) ; Gřivna, Tomáš (referee)
1 Abstract The thesis is aimed at criminological aspects of drug-related crime. Author has chosen: development and the significant causes of drug-related crime, characteristics of the offenders and crime kontrol as specific aspects to deal with. A special chapter is focused on one specific type of drug - methamphetamin (pervitin). First chapter is introductory and defines basic terminology used in the thesis. Second chapter is focused on develompent of drug-related crime. It specifies the main causes of the crime increase and development of an open drug market. It also contains a statistical analysis and trends. The third chapter deals with drug crime offenders. Author tries to select different points of view to find some typical characteristics of them. He also tries to find some trends (using published criminal career researches) that make them different from other kinds of criminals. The fourth chapter is focused on the actual problems connected with methamphetamin (pervitin). Author explains the main causes that make the Czech republic number one producer of this drug in Europe. He sees a lasting availability of the key precursor - pseudoephedrine as a crucial factor. Together with that author emphasizes a hypothesis that most of the pharmaceutical products (with pseudoephedrine) sold in our country...
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Virtual crimes
Pobořilová, Michaela ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
Virtual crimes are a new specific area in the law system, which is associated with information technologies (mobile, Internet etc.). These are crimes that can be committed in cyberspace or in connection with it. Generally, cyberspace can be defined from different perspectives most often as social, technological and legal environment in which there is mutual interaction of its users. This environment, in particular the Internet, due to its characteristics such as unlimited local, speed, low cost and anonymity, allowing the perpetrators to commit very serious harmful act. It is important that these negotiations are subject to certain legal regulations. This thesis provides a basic overview of the subject, defines the concept of virtual crime and his characters - an object, objective side, the person (body) and the subjective side. The thesis also contains case studies which demonstrates solutions to this problem in the practice of foreign countries with different rules. Legal regulation is important in terms of international standards, for example United Nations, Council of Europe and the European Union. There are a multitude of important legal documents, a leading position occupies Convention of Cybercrime. The issue of virtual environment and crimes is at the beginning and it involves many...
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Computer and internet crimes
Zeman, Daniel ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
in English In my thesis I have tried to analyze questions connected to information in general, as in my opinion the most valuable articles of our days. Information society, of which we are part of, is surrounded with information and has developed certain mechanisms, procedures and technology. My aim has been to consecrate a usage of information and communications technology. We can say that nowadays advanced world is almost perfectly linked and networked. It is done by virtue of increasing availability of computers and other communication instruments; another reason is constantly escalating technological ingenuity of their interconnection. Crucial role in this matter plays Internet, the net of nets, offering still faster, cheaper and more variable connection of its segments. It enables receiving and providing for information without any territorial, contentual, quantity limitation. Technological progression, which information sector shows, is unusually dynamic and also blond our control. Advances of the development go hand in hand with its disadvantages, to be specific with exploitation of computers and Internet. The question therefore is, if the proportion of benefits information and communications technology and its misuse stays the same and only the quantity extent rises. The answer is...
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Stalking
Zlámalová, Ivana ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
This diploma thesis analyzes the phenomenon known as stalking. The psychological part is deals with the studies of two target groups of stalking - stalkers and their victims. I am pointing out especially the typology that can predict potential violence, and those that show means that limit, respectively stop stalker's conduct, such as effect of legal sanction or comply with medical care. I also examine, in detail, some legislations of Common law countries and the legislation of the Czech Republic. I focuse on civil, administrative and criminal means of legal protection against stalking.
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