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The imposition of penalties on the concurrence of criminal offenses
Válová, Petra ; Heranová, Simona (advisor) ; Krupička, Jiří (referee)
The thesis deals with the institute of concurrence of of criminal offenses, at the beginning it defines basic terms such as deed, multiplicity of crime and the concept of concurrence itself. It also deals with the distinction between concurrence of crimes from recidivism and continuation of criminal offenses. Furthermore, the thesis focuses on the impact of concurrence of crimes on the guilt of the offender and the imposition of punishment. The thesis discusses the principles of the imposition of punishment of concurrence of criminal offenses, including the treatise on cumulative punishment and aggregate punishment, and again the differences from punishment of recidivism and continuation of criminal offenses are defined. Another part of the thesis examines reasons for exclusion of concurrence of criminal aktivity. The significant part of thesis is also comparison between Czech legal regulation of the concurrence of the crimes and the Slovak and Russian legal regulation. A the end of the thesis is presented the opinion de lege ferenda. Key words Concurrence of criminal offenses, deed, cumulative punishment, aggregate punishment
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Culpability in Criminal Law
Zimmerová, Petra ; Pelc, Vladimír (advisor) ; Heranová, Simona (referee)
Culpability in Criminal Law Abstract The topic of the thesis is culpability in criminal law. Culpability is understood as a state of offender's mind in relation to circumstances which establish an offence. Culpability is a fundamental institute of criminal law because there is no offence without fault. The thesis is divided into eight parts including the introduction and the conclusion. Culpability is a mandatory attribute of a subjective aspect of a criminal offence which, together with other elements, creates a body of crime. Therefore the remaining conditions of criminal liability are described in the first part of the thesis, followed by different attributes of a subjective aspect of an offence called a motive and an aim. The second part of the thesis is dedicated to the substance of culpability including the principle of liability for fault. Furthermore components of culpability, its content, intensity and construction of culpability in bodies of crimes are discussed as well as other possible concepts of culpability whereas the concept of culpability which is based on two forms applies in Czech Republic. The second part concludes with the issue of evidence of culpability and explanation about intention as a necessary prerequisite of indirect perpetration, complicity and participation. The third part of...
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Giving Information on Ongoing Criminal Proceedings
Bendová, Kristýna ; Heranová, Simona (referee)
The diploma thesis deals with the giving information of ongoing criminal proceeding on the authorities to individuals involved in the process and general public. Content of the thesis is built on the basis of e. g. right to information, right to privacy and public interest in the proper equitable conduct of criminal proceeding. The core itself is based on critical analysis of Czech legislation specifically § 8a to 8d the Code of Criminal Procedure with references to specific regulations. Finally, problematic areas are summarized and their solution is proposed with the proposal de lege ferenda.
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Criminal liability of legal entities - comparison of legal regulations in the Czech Republic and Poland
Sýkora, Petr ; Jelínek, Jiří (advisor) ; Heranová, Simona (referee)
Criminal liability of legal entities - comparison of legal regulations in the Czech Republic and Poland Abstract The criminal liability of legal entities still raises emotions and is still the subject of both expert discussions and lay comments. Moreover, the application of the Law on the criminal liability of legal entities in practice is still problematic and law enforcement bodies are not only unsure how to apply individual institutes and when to consider bringing charges against a legal entity but often still do not initiate proceedings against legal persons because they consider such course of action a complication in proceedings against an individual. Thus, the greatest application problems relate firstly to assessing whether the legal conditions for initiating criminal proceedings against a legal entity are met, and then the question of the so-called exculpation and the problem of the possible transfer of the evidence obligation to a legal entity. Last but not least, from the point of view of the application practice, the limitation of the legal entity's right to choose a legal representative. Despite the fact, how critically it is possible to look at the regulation of criminal liability of legal entities, it cannot be overlooked, that one of the closest neighbors, Poland, has even greater problems...
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Conditionally suspended sentence of imprisonment
Břeská, Aneta ; Heranová, Simona (referee)
The Diploma thesis deals with the topic of conditionally suspended sentence of imprisonment as a separate type of punishment which is not considered merely as a variation of an unconditional imprisonment sentence. It analyses the individual elements of this institute, its history and development, the conditions of imposing and methods of termination. It also includes a comparison with foreign legislation that should bring suggestions for a better and more efficient execution of conditionally suspended sentence of imprisonment. The thesis is divided into eight chapters. The first chapter deals with general knowledge of conditionally suspended sentence of imprisonment as an alternative punishment and its legal nature. In the second chapter is outlined the historical development of the institute both in the world and in the territory of Czechoslovakia, respectively the Czech Republic. The third chapter is a major part of the thesis and describes the conditions under which conditionally suspended sentence of imprisonment may be imposed, as well as examining the probation period, adequate restraints and adequate duties or compensation for the damage or detriment caused by the offense, or the unjust enrichment gained by the crime. Following chapter relates to the decision on conditionally suspended...
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Subsidy fraud and damaging the financial interests of the European union (Section 260 of the Penal Code)
Nedvědová, Marie ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
1 Subsidy fraud and damaging the financial interests of the European union Abstract The thesis deals mainly with the definition and punishment of subsidy frauds within the framework of criminal law. At the same time, it also addresses some issues related to this crime, in particular the subsidiarity of criminal sanctions and the concurrence of this crime with other crimes such as the offense of damaging the financial intereststhe of the European union. The method of processing is mainly deduction and analysis, in the relevant parts induction, synthesis and comparison. The thesis is divided into three main parts. First, it deals with subsidies and subsidy fraud, explaining what a subsidy is and what action can be considered a subsidy fraud, and also clarifies some of the institutes associated with these terms, including budget rules, resources, and records. It also deals with what actions are associated with the crime of subsidy fraud. Thus, in the case of a subsidy fraud, it deals with its characteristics, its relation to other provisions of the Penal Code, the investigation and the imposition of punishment. In the next part, the thesis deals with the protection of the financial interests of the European Union, especially with the institutions and bodies, which are particularly focused at the protection of...
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Criminal and criminological aspects of cybercrime with a focus on denial of service attacks
Přívozník, Lukáš ; Krupička, Jiří (advisor) ; Heranová, Simona (referee)
Criminal and criminological aspects of cybercrime with a focus on denial of service attacks Abstract The aim of this master thesis is to analyze the criminal law assessment of denial of service (DoS) cyber-attacks and related criminological aspects. The author deals with the technical characteristics and typology of this type of attack. He analyzes its individual variants, as the way of performing the attack, that is reflected in its criminal assessment. The thesis also describes the facts concerning the largest series of DoS attacks that occurred in the Czech Republic in 2013. Next, the author deals with the criminological aspects of cybercrime, namely its expansion and latency, the perpetrators and victims of the denial of service attack and related prevention, including techniques and methods of defense against this attack. In the main part of the thesis, the author analyzes the criminal law aspects of this specific type of crime. The thesis deals with the development of law in this area at international level, within the European Union and at national level. It also deals with the analysis of the factual situation of cybercrime provided for in Sections 230 to 232 of the Criminal Code and the criminal law assessment of individual variants of the attack. The thesis deals with related problematic points,...
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Criminal Law Instruments in the Fight Against Organized Crime
Baranová, Soňa ; Tejnská, Katarína (advisor) ; Heranová, Simona (referee)
The aim of this Diploma thesis is to elaborate on the topic of the fight against organized crime with a focus on criminal instruments of such a fight. Organized crime is undoubtedly a unique and dynamic phenomenon that penetrates almost every area of society. Currently it is one of the most serious global risks threatening the stability, security and development of civil society. The Diploma thesis begins with the definition of terms such as organized crime, then it deals with the causes, structure, selected forms of organized crime as well as its perception in the international community. The following chapter deals with the historical development of organized crime and the context between its boom in our territory and the fall of the Iron Curtain. The third chapter is a key part of this thesis and contains a substantive regulation of the prosecution of organized crime. It defines the terms of an organized criminal group and an organized group contained in the Criminal Code, describes the offense of participating in an organized criminal group and the limits of punishing this crime. The next chapter de lege lata discusses the most effective procedural instruments for combating organized crime, in particular the operational investigative means of criminal investigation. The penultimate chapter...
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Compensation for non-material damage in the event of injury and death in collateral proceedings
Sýkora, Jiří ; Tejnská, Katarína (advisor) ; Heranová, Simona (referee)
Compensation for non-material damage in the event of injury and death in collateral proceedings Abstract The thesis deals with a very current topic of compensation for non-material damage in the event of injury and death in collateral proceedings. The thesis also contains chapters, that focus on an injured person and collateral proceedings, which are concepts directly connected to the main topic of the thesis. The thesis contains the definition of an injured person, rights and obligations of the injured person in the criminal proceedings and also the definition of collateral proceedings and its process. In particular, the thesis focuses on the compensation of non-material damage in the event of injury and death according to § 2958 and 2959 of the Civil code. The thesis also describes the current judicial decisions of criminal courts in the area of compensation for non-material damage in the event of injury and death in collateral proceedings. The thesis is composed of four parts. The first part of the thesis deals with the injured person. It contains the concept of an injured person and its legal definition. The rights and obligations of the injured party in criminal proceedings are also briefly described in this part. The second part of the thesis focuses on collateral proceedings. This part contains the...
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The Role of Media in Criminal Proceeding
Šudrychová, Šarlota ; Pelc, Vladimír (advisor) ; Heranová, Simona (referee)
1 The role of media in criminal proceeding Abstract The thesis deals, as the name implies, with the role of the media in criminal proceedings, both theoretically and practically. The work contains a lot of examples primarily through the case-law presented. Chapter one is titled "Power of Media". It deals with the emergence of this concept and the history of the media in our country. It also focuses on the potential threat to media power, through purchasing of mass media, and murder of journalists and media workers. The second chapter deals first with one of the basic principles of criminal proceedings, namely the principle of the public; the second part deals with the principle of the presumption of innocence. The third chapter briefly focuses on the media's access to proceedings. The conclusion of the chapter is devoted to the controversy over online reports from the courtroom and their possible regulation by judges. The fourth chapter deals with providing information on criminal proceedings. Apart from legislation, it also offers a view of the case law of the Supreme Administrative Court, the Constitutional Court and the principles of the European Court of Human Rights. The fifth chapter deals with the editorial secret, with particular emphasis on the case law of the European Court of Human Rights. The...
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