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Criminal act of stalking and it's investigation
Poborský, Josef ; Krupička, Jiří (advisor) ; Heranová, Simona (referee)
Thesis title: Criminal offense and investigation of stalking Abstract The presented rigorous thesis analyses a criminal offense of stalking in §354 provision and selected investigation issues of this type of criminal activity. This work consists of an introduction, four main chapters, and a summary. The first chapter defines the concept of stalking and its genesis. Then, the particular signs of stalking and basic views on the classification of the perpetrators are described. The case interpretation of some real cases of stalking follows. The second chapter is focused on the criminal offense of stalking. Firstly, from the point of view of its adoption in the legal order of the Czech Republic and its position in the system of the Criminal Code of the Czech republic. Subsequently, the individual features of facts of the case of stalking are subjected to examination with their summarizing analysis, and their positives and negatives are specified, followed by the proposal to amend the material provision. Chapter two is also addressing the relation to other criminal offenses and misdemeanors against civil cohabitation. The third chapter focuses on the comparison of a criminal offense of stalking and selected foreign legislation. In this matter, the legislation of California, Austria, and Germany was selected....
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Participation of a defence counsel in preliminary proceedings
Žůrek, Petr ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
The diploma thesis is focused on the role of defence counsel in preliminary proceedings and its relationship to fulfilment of the accused's right to defence, which is one of the fundamental pillars of observing the right to a fair trial in criminal proceedings. The legal position of a defence counsel has an irreplaceable role in criminal proceedings, as his activity does not consist only in ensuring equality of arms, but also in checking and controlling the activities of law enforcement authorities. In the performance of the defence, the counsel is endowed with duties and rights, which he exercises with the consent of the accused. Special attention was paid to the relationship between the defence counsel and the client, the obligation of confidentiality, the right to participate in investigative actions with an emphasis on questioning the accused, the right of access to the case file due to its insufficient legislation, and finally, also with regard to the SKYPE defence project, the right to communicate with the defence counsel without the presence of a third person.
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The principle of material truth in criminal proceedings
Vicher, Pavel ; Mulák, Jiří (advisor) ; Heranová, Simona (referee)
1 The principle of material truth in criminal proceedings Abstract The diploma thesis deals with the principle of material truth in criminal proceedings, which is reflection of the principle of factual findings in the criminal proceedings. The aim of the work is to determine whether the principle of material truth is still leading principle of criminal proceedings (i.e. the purpose of criminal procedure). To this end, the work analyses the rules of evidence, while also points out elements that weaken the principle of material truth. The diploma thesis is divided into six chapters. The first chapter is dedicated to legal principles. Firstly, is briefly considered the substance of principles in law and specificularity of their application. The remainder of the chapter is dealt with basic principles of criminal proceedings in general with emphasis on their functions in criminal proceedings. At the start the second chapter defines three principles of factual findings, namely principle of material, objective and formal truth. What follows is short history of Czech legislation. This chapter primarily deals with the principle of material truth and its current conception in the Czech Criminal Code in essential connection with other principles of criminal proceedings. The third chapter deals with regulation of...
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The continuation of pre-trial detention
Fišerová, Veronika ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
The continuation of pre-trial detention Abstract The rigorous thesis deals with the much-discussed institute of the criminal proceeding, namely the pre-trial detention, especially with regard to its continuation, course. The personal freedom is one of the most important and most often infringed human rights in our environment, unlike other highest important rights (e.g. the right to life, the prohibition of torture, etc.). The pre-trial detention is following the imprisonment the most serious of these interventions, even when there is no final conviction and the principle of the presumption of innocence fully applied. The main issue of the pre-trial detention is a number of conditions that must be met so the person could be taken into the detention and subsequent decision on its further continuation could be made. The whole situation is further complicated by the fact that these conditions are not only contained in the Criminal Procedure Code, but also in the European Convention on Human Rights and Fundamental Freedoms and especially in the case law of the Constitutional Court and the European Court of Human Rights. The primary goal of this thesis is to state all these conditions in one place, with an emphasis on deciding on the further continuation of the pre-trial detention. The pre-trial detention is...
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Subsidy fraud and damaging the financial interests of the European union (Section 260 of the Penal Code)
Petráček, Dominik ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Criminal offence of subsidy fraud under Section 212 of the Criminal Code and damaging the financial interests of the EU (Section 260 of the Criminal Code) Abstract This thesis deals with the criminal offence of subsidy fraud under Section 212 of the Criminal Code and the offence of damage to the financial interests of the European Union under Section 260 of the Criminal Code. This topic is particularly relevant, especially in the context of subsidy fraud cases, which have received considerable media attention. In the first three chapters of this thesis, a comprehensive analysis of the elements of both these offences is carried out, first the common elements in the first chapter and then the specific elements in the following chapters. The scope of these offences is explained, their historical development is outlined and the related legislative framework is presented including comparisons with foreign legislation. For a better understanding, general modalities of conduct that may fulfil the elements of these offences, including the relevant legal qualification, are listed in tables. In the case of the criminal offence of damaging the financial interests of the European Union, the role of the institutions involved in the investigation and prosecution is also presented. Chapter 4 is based on an analysis of...
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A crime abuse of a person living in a shared dwelling according to § 199 Criminal Code
Tregnerová, Kristýna ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
A crime abuse of a person living in a shared dwelling according to § 199 Criminal Code Summary This diploma thesis deals with the crime abuse of a person living in a shared dwelling, which is regulated in § 199 of the Criminal Code. The aim of the thesis is to provide the reader with a comprehensive set of information on the issue of domestic violence and all aspects related to this phenomenon. At the same time, the work evaluates the current decision-making practice of first instance courts with the help of analysis of judgments of first instance courts. The topic of domestic violence will be introduced in detail in the individual chapters, then the crime of torturing a person living in a shared dwelling and the subsidiarity of criminal repression will be discussed in detail. The last theoretical chapter will deal with the victim and proving this crime. At the end of the thesis, the decision-making practice of the Prague courts for the last 6 years will be presented with the help of several graphs. Key words: abuse, domestic violence, law on victims of crime
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The imposition of penalties on the recidivism
Vltavský, Petr ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
This diploma thesis is focused to issue of imposition of penalties on crimes with sign of recidivism. This problematic is actual, important, and especially wide topic, that relates to sections from international law documents, through principals of constitution law and criminal legal regulation to sources of law that operate the legal presumptions. At the same time recidivism and following imposition of penalty affected by the passage of time and gradual historical development with social changes, that lead to evolution of application and formation of rules tied to the topic. In the introduction of thesis there are explanations and analysis of basic concepts and situations, which are related to pluralistic criminal activity. This is completed by illustrative diagrams and concrete examples for making better idea about differences between types of pluralistic criminal activity and similar cases. Thereafter the content of thesis is heading to main pillars, which connect recidivism and imposition of penalties as general aggravating circumstances, special aggravating circumstances, extraordinary increase of penalty of imprisonment or influence of recidivism to offender's classification to type of jail. There is not just strict description of regulations in force, but there is explained historical...
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Punishment of Recividism
Kopačka, Adam ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Punishment of Recividism Abstract This diploma thesis deals with the topic of criminal recidivism which is a global problem, the solution of which should be one of the goals of the state's criminal justice system and at the same time it is a measure of its success rate. The frequency of recidivism to some extent reflects the effectiveness of criminal sanctions, the effectiveness of their enforcement, but also social influences such as the demographic distribution of the population or social inequality. Recidivism is a problem that cannot be definitively solved but it is possible to approach the ideal of its punishment, and thus the effective fight against repeated offenses by recidivizing criminals. Recidivism can be viewed from the perspective of many scientific disciplines. This work aims to describe recidivism in the eyes of criminal law. It depicts the legal instruments that serve to punish recidivists more severely, the conditions of their application and their impact on the type and amount of punishment. Although the aim of the thesis is to map especially effective law, recidivism is also approached in its historical context as this aspect is key to understanding older case law. The domestic legislation is also partially compared with foreign legislation which can be a useful inspiration for...
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The alternatives to unconditional sentence of imprisonment
Sejpková, Marie ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
The alternatives to unconditional sentence of imprisonment Abstract This thesis focuses on the alternatives to unconditional sentence of imprisonment. The introductory part includes chapters dealing with the concept of punishment, the concept of restorative justice and the activities of the Probation and Mediation Service. Furthermore, there are separate chapters in this part, which deal with the system of alternative measures, alternative sanctions, the development of alternative measures in legislation. In relation to the purpose of the work is mentioned briefly the issue of unconditional sentence of imprisonment. The main part of the thesis deals with selected alternative sanctions, namely conditional sentence, conditional sentence with supervision, house arrest, a sentence of community service, financial penalty and prohibition to enter the sport, cultural and other social events. The individual chapters deal in more detail with a specific alternative sanction in terms of its legal regulation and subsequent execution and implementation in practice. Both the advantages and disadvantages they face are discussed in detail and de lege ferenda addressed. key words: alternative measures, alternative sanction, restorative justice
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Verification in Pre-trial Proceedings
Bradáč, Martin ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Verification in Pre-trial Proceedings Abstract: This diploma thesis deals with verification as one of the stages of the pre-trial phase of criminal procedings. The purpose of this thesis is to emphasize the most important institutes operating during verification as well as to expose current issues connected with The Criminal procedure Code, where the author share his experience with this stage of criminal proceedings. The first part of the diploma thesis deals with verification itself - its definition, demarcation of the verification within the criminal proceedings, specification of authorities acting in the verification and defining of the fundamental principles. A brief historical overview of the topic is attached as well. Subsequent principal part of the thesis includes a description of the most significant institutes excercised within the verification. Primarily the institutes related to an evidentiary procedure were stressed, especially institutes raising applicaton difficulties in practise. The author communicates his critisizing view on the topic supported by the appropriate arguments. The attention is paid also to the decisions made during the verification and also to the supervision of the authorities involved in the criminal proceedings. The aim of the thesis was to find out whether the current...
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