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Crime of murder and killing under Section 140 and 141 of the Czech Criminal Code
Zelenka, Michal ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
The title of the thesis: Crime of murder and manslaughter under section 140, 141 of the criminal code Abstract: This thesis focuses on the offences of murder and manslaughter under sections 140 and 141 of Act No. 40/2009 Coll., The Criminal Code. The crimes of murder and manslaughter are classified among the most serious crimes against life and both of these crimes can be subsumed under the broader term of intentional killings. The aim of this thesis is to provide a comprehensive analysis of the crimes of murder and manslaughter, with particular emphasis on demonstrating the fundamental differences between these offences and also what makes the offence of manslaughter a privileged offence over the offence of murder. The aim of this thesis is also, among the other things a brief excursion and comparison of the differences between the domestic legislation of these offences and the English legislation. The first part of the thesis deals with the development of the legal framework of intentional killings in the Czech Republic from the time of Great Moravia until the adoption of the current Criminal Code. Increased attention is then paid to the most important legal regulations, whether of later or more recent date. The second part of the thesis deals with the general characteristics of the individual...
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Criminological aspects of domestic violence and their impact on the victim
Bartáková, Veronika ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Criminological aspects of domestic violence and their impact on the victim Abstract This thesis provides the reader with an insight into the issue of domestic violence and its current forms. Currently, this phenomenon is receiving more and more attention, both from politicians and from non-profit organizations existing to provide assistance to victims. In the light of the above, the aim of this paper was to describe this phenomenon in terms of its impact on victims of domestic violence and the possibilities of using de lege lata to protect them, and then to offer possible solutions to some of the problems with a focus on the future, i.e. de lege ferenda. In its introductory chapters, the thesis provides a comprehensive description of the course of domestic violence and what forms it can take. It then focuses on describing the victims, among whom it lists mainly women, but also men, children and the elderly. It then shifts its attention to the typology of perpetrators and various criminological theories regarding their psychology and character. The criminological section is followed by a section on legal protection options. First of all, the thesis enumerates the instruments that exist and are frequently used in the Czech legal system. However, it also points out some institutes that are not used at all,...
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Criminal proceedings against legal persons
Gebauer, Jan ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
1 Abstract The thesis deals with selected procedural issues of criminal proceedings against legal persons, especially those procedural institutes that are controversial in theory or application. The aim of this thesis is to point out and analyse these procedural shortcomings, which stem not only from the strict legal regulation of Act No. 418/2011 Coll., on criminal liability of legal persons and proceedings against them. To this end, the legal regulation is evaluated and the author bases his interpretation on the opinions of the professional public. To achieve this goal, the method of description, analysis, including linguistic interpretation is used. This thesis is divided into 4 parts in which the author elaborates on the procedural aspects of criminal proceedings against legal persons. The introductory part describes the basic concepts that are necessary to grasp the procedural issues and without which the interpretation would not be complete. The second part is devoted initially to the substantive law institute of "evolving from criminal liability" of a legal person, which, however, has an overlap into the procedural law context and thus deals in detail with the problem of shifting the burden of proof to a legal person, and in its conclusion states that it cannot be accepted in criminal proceedings...
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Crime Reporting and its Significance in Criminology
Urxová, Dominika ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Crime Reporting and its Criminological Significance Abstract The subject of this thesis is the interdisciplinary issue of crime reporting and related latent criminality, especially from the criminological, victimological and criminal-positive perspective. The diploma thesis is divided into four parts that as a whole are intended to answer the question whether the Czech legislation is sufficiently effective in contributing to the achievement of low figures of latent criminality. The first part is devoted to the definition of the key concepts of this thesis and the question of what are the most common factors determining the decision of certain persons to report a crime to law enforcement authorities. The answers to this question are then provided mainly by the examination of the fields of criminology and victimology. In the second part I examine in detail the criminal law regulation of the institution of crime reporting. This part contains chapters on the procedure prior to the initiation of a criminal prosecution, the filing of a criminal complaint itself and its significance, and the actions of law enforcement authorities related to the filing of a criminal complaint. In this part I also deal with the issue of the general and special obligation to report, the institutes of the Criminal Procedure Code...
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The title of the thesis: Crime of murder and manslaughter under section 140, 141 of the criminal code
Masná, Kateřina ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
7 Abstract The title of the thesis: Crime of murder and manslaughter under section 140, 141 of the criminal code Abstract: This thesis focuses on the most serious crimes against human life, namely the crimes of murder and manslaughter under sections 140 and 141 of Act No. 40/2009 Coll., The Criminal Code. The aim of this work is to describe both of these crimes in detail, to explain the importance of punishing these crimes, to explain the reason for introducing the crime of manslaughter in our legal system, its significance, and how it differs from murder and makes it a privileged crime to the crime of murder. The purpose of this work is also, among other things, to describe the procedure of criminal investigators in the investigation of these crimes and the methodology of the investigation of intentional crimes against life. In the first part of this thesis I deal with the historical development of the legal regulation of intentional killings in our territory, starting from ancient Rome and ending in 2009, when the current Criminal Code was issued. I focus on the most important legislation that has been issued throughout history and how it regulated intentional killings. The second part copes with the crime of murder, which first outlines a general introduction to this crime, then I describe the nature of...
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The issues of juvenile criminal justice
Raška, Vojtěch ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
The issues of juvenile criminal justice The topic of this diploma thesis is the issues of juvenile criminal justice. Under the term juvenile criminal justice we mean special legislation of mixed (substantial as well as procedural) character, which applies to criminal responsibility, sanctioning and criminal proceedings of offenders under 18 (usually from 15, exceptionally erlier in the cases of otherwise criminal acts commited by children under 15). In this thesis I set a goal to analyze the current legislation of this issue, point out legal provisions which are questionable in theory and application, as well as offer possible changes from de lege ferenda point of view, firstly by thorough analysis of literature and secondly by analyzing not yet published judicial decisions of Municipal Court of Prague, statistics of Police of the Czech Republic and other sources reflecting current trends and professional practice. The presented thesis is divided into four main parts, that are logically connected to each other and allow the reader to come through the researched issue gradually. I proceed from general theoretical explanations throught analysis of contemporary legislation and its issues to analysis of current judicial decisions. Basic terms, particularly juvenile, child, age close to minority, are...
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Culpability in Criminal Law
Brtnová, Klára ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Culpability in criminal law Abstract The topic of the diploma thesis is culpability in criminal law, which is characterized as an internal psychological relationship of the offender to the violation or great of interests protected by criminal law. Culpability is the only obligatory feature of the subjective aspekt of a criminal offence, and therefore it is a key institute of criminal law, because without culpatibility there is no criminal offence. The diploma thesis is dividend into eight parts, including the introduction and conclusion. The first charter defines the koncept of criminal offence, its general and typice features. By fact, we mean a set of signs that show which criminal offence it is. The second charter is devoted to the historical development of culpability and is further dividend into subchapters, which each correspond to historic periods, or individual criminal laws, which came into force and effectiveness in our territory. The subjekt of interpretation in the third charter is the principle of liability for fault, its content and extent. Finally, this charter describes the construction of the facts in terms of culpability. The fourth charter deals with individual forms of culpability, incl. direct and indirect intentions and conscious negligence and unconscious negligence. Special attention...
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Crimes of murder and manslaughter under sections 140 and 141 of the Czech criminal code
Honzík, Jakub ; Hořák, Jaromír (advisor) ; Krupička, Jiří (referee)
(ENG) Crimes of murder and manslaughter under sections 140 and 141 of the Czech criminal code The main objective of this work is to provide a comprehensive analysis of the codification of crimes of murder and manslaughter. The last recodification from the year of 2009 brought some significant changes into the area of intentional killings, the most important of which is an increased differentiation in the typology of these crimes. The Czech criminal code now differentiates between murder, premeditated murder and manslaughter. These changes can be seen as part of an effort by the Czech legislature to modernize the criminal law along the lines of legal systems typical in Western Europe. On the other hand, it can also be argued that the new Czech codification preserves its unique approach to certain problems. This thesis analyzes individual parts of sections of the Czech criminal code concerned with murder and manslaughter in a systematic manner. The first chapter deals with the historical context of intentional killings as well as providing an analysis of the new arrangement. Chapter two follows by introducing features common along all three types of intentional killings, specifically the actus reus of the crime. The following chapters then describe the different approaches towards intentional...
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The issue of life imprisonment
Vršanský, Robert ; Hořák, Jaromír (advisor) ; Vokoun, Rudolf (referee)
This thesis is concerned with the issues of unconditional imprisonment with the focus on early release of prisoners. A comparison of legal framework in the Czech Republic and the Great Britain is provided. The first chapter deals with the meaning and objectives of punishment. It shows a history of legal theories in the world and the Czech Republic as well. The following chapter provides an explanation of these legal theories in the Czech legislature as basic sentencing principles. Moving further into the detail it provides a legal framework of unconditional imprisonment in the Czech Republic. The third chapter gives a brief look at the history of legal framework of imprisonment on the international, European and national level. The thesis gives a thorough examination of the early release in the Czech law in its first main part. It evaluates its advantages, disadvantages and implications. The same process is made in the second main part of the thesis concerning the early release in Common law using the doctrine of judicial precedent. Following that evaluation a comparison of particular legal institutes of the early release is provided. Recommendations for improvement of the Czech legal framework are mentioned in the last part of the thesis. Powered by TCPDF (www.tcpdf.org)
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Crime of murder and manslaughter under section 140, 141 of the criminal code
Černý, Ondřej ; Hořák, Jaromír (advisor) ; Vokoun, Rudolf (referee)
Resumé The goal of this thesis is to analyse corpora delicti of the crimes of murder and manslaughter according to sections 140 and 141 of the Criminal Code, evaluate their present application by Czech courts, and to point out possible solutions to some problematic or unclarified questions. In the beginning, the thesis concerns itself with historical development of intentional homicides in the Czech country with emphasis on great codifications of 18th and 19th century. Subsequently, the interest shifts onto the question of human life as an object of intentional homicides. The core of the thesis is a thorough analysis of the crimes of murder and manslaughter, their mutual relation, and systematic incorporation in the Criminal Code. After that, there follows a short comparative assessment of the same topic in French law according to Code pénal. Then, attention is paid to developmental stages of mentioned crimes. The chosen topic is methodologically addressed in a way that every subtopic is first examined from the doctrinal theoretical point of view, and then treated in the light of judicial practice. Thus, it is presented how Czech practise of the courts interprets the written law with emphasis on terms and features that have not been used in Czech law so far. The result of this thesis is mainly the discovery...
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