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Immunity in criminal law
Halás, Mikuláš ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Immunity in criminal law Abstract This thesis aims to offer the reader a view of the institution of parliamentary imunity as it relates to criminal law. This topic frequently divides both the experts in criminal law and also the general public. Despite the fact that most of the time this legal issue is talked about with respect to the constitutional law it has an impact on criminal law, both the substantive criminal law and the procedural criminal law. The complexity of this topic is self-evident and opinions vary greatly across the field, which is one of the reasons why this topic is sought out quite frequently by many students who approach it from various angles. The work is structured in a way to familiarise the reader with the necessary knowledge even if the reader is not an expert in law, but who is, for example, interested in the topic from a political perspective. The thesis covers the basic introduction to the topic, historical evolution of the institution including the legal transformations all the way up to the date this work has been finalised, squaring this institute with the basic principles of democratic state and a comparative analysis of this institute in other European countries. Important part of this thesis is dealing with specific uses of the parliamentary imunity. The conclusion of this...
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Crime of Stalking and Protection of its Victims
Johnová, Patricie ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Crime of Stalking and Protection of its Victims This diploma thesis focuses on the issue of stalking, or more precisely on its individual aspects and its legislation in the Czech Republic. As for the structure of this thesis, it is divided into five main sections. The first section deals with stalking in general. The individual chapters are devoted to the definition of this term, the historical development of this phenomenon and common forms of stalking, including two specific types of stalking, which are cyberstalking and stalking in the workplace. The second section deals with the characteristics of stalkers and their motives. The third section concerns the victims of stalking. The individual chapters successively analyse the typologies of victims, the impact of stalking on victims, including post-traumatic stress disorder, as well as the main strategies oriented towards helping the victims of stalking and, finally, the issue of false victims. The third section and the fourth one are the most comprehensive of all and together they constitute the core of the thesis. The fourth section focuses on anti-stalking legislation of the Czech Republic, whereas the most comprehensive chapter is devoted to the crime of stalking. This chapter is concluded with the issue of punishment for this crime and also...
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The issues of juvenile criminal justice
Veselá, Tereza ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Problems of juvenile justice In my diploma thesis I deal with the issue of criminal justice over youth. Using the research analytical method, I try to describe juvenile delinquency, its causes, the development of juvenile delinquency in our territory and current legislation. I also devote other parts of the work to specific means of sanctioning young people, especially protective upbringing and imprisonment in its unconditional form. I am also subjecting the current legal regulation of these institutes to a comparison with other European regulations, from which we could be inspired when regulating the system of criminal justice over young people. I supplement the theoretical basis with statistics on juvenile delinquency and the administration of juvenile justice in the years 2016-2020 in order to provide an overview of not only the theoretical side, but also current practice. Keywords: Juvenile, youth, offenses, measures, protective upbringing, imprisonment
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The issue of victims of sexual offences and their protection through criminal law
Kubištová, Adéla ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
The issue of victims of sexual offences and their protection through criminal law Abstract The theme of this diploma thesis refers to the issue of victims of sexual offences and their protection through criminal law. This thesis aims to theoretically analyse this issue, describe the specifics of the victimisation process, and focus on protecting victims of sexual offences through criminal law. The author also asks in the introduction why these victims are victimised by so many. It also evaluates the legislation in selected areas and suggests possible changes in the legislation. The thesis itself is divided into six chapters, each of which deals with different aspects of this theme. The first chapter deals with the current legislation on selected crimes of rape, sexual abuse and sexual coercion. The author also discusses the degree of their latency, which is relatively high in crimes against human dignity in the sexual field. The second chapter defines the various concepts related to the issue of victims of sexual offences. These are terms such as victim, particularly vulnerable victim or false victim. Furthermore, the so-called victimity and victimogenic situation and factors are defined here. The conclusion of this chapter is devoted to the description of the relationship between the perpetrator of a...
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Participation
Kotrnoch, Filip ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
v anglickém jazyce The diploma thesis analyzes the institute of participation and focuses on his legal regulation in the Czech republic. Participation is indoubtedly one of the most complicated institute of the criminal law and the legal regulation can be approached in many ways. To find a suitable way of legal regulation is prerequisite to comply with basic principles of criminal law - to protect society from crime. The aim of the diploma thesis is to provide the reader insight into current legal regulation, to draw attention to its shortcomings and to suggest suitable solutions for future legislation. The diploma thesis is divided into for chapters. The first chapter firstly deals with the interpretation of basic terms that are closely related to participation. It also attends to define the term of participation and to analysis two base approaches to the regulation of participation - monistic and dualistic systems. As a part of the analysis of these approaches, a brief excursion into the legal regulation of participation in Germany, Switzerland, Slovakia, Austria and Italy is offered. The second chapter focuses on the legal regulation of participation in Czech republic. It firstly clarifies the principle of accessority as the guiding principle of participation, which results from the application...
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The Crime of Money Laundering under the Czech Criminal Codex Abstract in English
Jüttner, Jakub ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
1 The Crime of Money Laundering under the Czech Criminal Codex Abstract in English The diploma thesis aims to analyse the phenomenon of money laundering, i. e. activity the purpose of which is to cover the proceeds of crime. The thesis mainly focuses on the crime of money laundering in the Czech Criminal Code, respectively for the crime of legalization of proceeds under the provisions of Section 216 (2) and Section 217 (1) of the Criminal Code. Part of the thesis is also an analysis of the issue of so-called profits from unidentifiable sources. In the first chapter, the reader will find an explanation of basic terminology and principles. The first chapter is also accompanied by basic criminological data on money laundering in the Czech Republic. The following chapter deals with money laundering as a current phenomenon. In this chapter, the thesis discusses the concept of money laundering, the origin of money laundering, the features and stages of money laundering, the consequences and effects of the proceeds of crime, as well as the perpetrator of money laundering. The third chapter discusses the current legislation on money laundering, both criminal and non-criminal, which has also huge importance, also national, European, and international. The fourth chapter is devoted to the analysis of the crime of...
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Imposing Punishments in Czech and Polish Legislations
Pustówka, Urszula ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Imposing Punishments in Czech and Polish Legislations Abstract The comparison of the legal systems of individual states is an important source of inspiration for the further development of legislation. In my work I compare the legal regulation of punishments in the Czech Republic and in Poland, namely those of them which both Czech and Polish legal systems refer to as punishments. These are Czech fines, community service, imprisonment, and an exceptional sentence together with their Polish equivalents. The aim of the thesis is to find inspiration and stimuli for de lege ferenda considerations for further development of Czech criminal law by comparing Czech and Polish regulation of punishments, as well as the types of punishments most often imposed by courts in both countries. In the first part of the work I deal with the systems of criminal sanctions in both states in order to introduce the context for the subsequently analysed punishments. Furthermore, each part is devoted to one type of punishment and a comparison of its regulation in the Czech Republic and Poland. The second part is devoted to the Czech fine and the Polish sentence of grzywna, the third part to the Czech community service and the Polish sentence of imprisonment, the fourth part is related to the regulation of imprisonment, and the fifth...
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Participation
Lindnerová, Adéla ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Participation Abstract The aim of this diploma thesis is especially to identify the advantages and disadvantages of individual approaches to regulation of participation, to set out the main attributes of participation in the Czech criminal law, including its main deficiencies, and to present possible inspiring solutions for their elimination by presenting a different model of regulation abroad. Participation as one of the forms of criminal collaboration is approached slightly differently by each legislation. However, the legislations usually agree that the participant's actions must be punished in a certain way. Although the participant does not partake in the fulfillment of the constituent elements of the crime by its own actions, its influence on the crime itself may be significant. The reason for choosing this topic is mainly the still unresolved situation regarding the institute of participation in the Czech Criminal Code and a large amount of criticism of the current regulation. Although the Criminal Code was newly adopted in 2009 and the possibility of correcting the deficiencies of the participation was obvious, professional discussions did not take place, and in the end a regulation that to a certain extent copied the previous criticized one, was adopted. In addition to the introduction and...
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Criminal Proceedings against Legal Entities
Košňar, Václav ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Criminal proceedings against legal entities Abstract Regarding the character of a legal entity as a fiction, criminal proceedings against legal entities differ in many ways in comparison with standard criminal proceedings against a natural person. The aim of this work is to analyze certain specific institutes, whose interpretation and application is problematic with respect to the interweaving of the procedural regulation contained in Act No. 418/2011 Coll. on penal liability of legal entities and proceedings against them, with the classic regulation contained in the Criminal Procedure Act. This thesis is divided into two main parts. The theoretical one, which serves as the introduction of the whole work, briefly discusses traditional topics related to the substance of penal liability of legal entities, i.e. reasons for its adoption, its concept, its sources and legislation, including their ongoing changes. The merit of the work is, however, its special part, which in six chapters deals with specific institutes and issues of criminal proceedings against legal entities. Gradually, in the special part of this thesis, the issue of the representation of a legal entity in proceedings is analyzed and individual subject that can perform acts on behalf of a legal entity in criminal proceedings are discussed....
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Criminal Liability of Legal Entities in Health Care
Kováčiková, Veronika ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Criminal Liability of Legal Entities in Health Care Abstract The submitted diploma thesis deals with the institute of criminal liability of legal entities in health care. The main objective of this thesis is to define all the requirements and essential elements of criminal responsibility of legal persons, especially healthcare providers. We also look into the most critical aspects of providing healthcare services in which a criminal offense may be committed. Concepts of criminal law are considered in the context of medical law. Thesis is divided into five main chapters. The first chapter focuses on conditions of criminal liability taking into account the specifics of the topic. Attention will also be paid to attributability of a crime to a legal person as well as to legal regulation in United Kingdom and France. In the second chapter we describe the most common circumstances excluding illegality in medicine. We particularly focus on medical intervention, research and experiment. These are not only accepted but also beneficial. The third chapter deals with the main concepts of medical law. If healthcare providers comply with related legal provisions, they significantly reduce the risk of committing an act against the law. Special emphasis is placed on lege artis procedure as an objective measurement of...
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