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The issue of stalking in modern times
Novak, Olivia ; Hořák, Jaromír (advisor) ; Bohuslav, Lukáš (referee)
"The issue of stalking in modern times" Stalking is not a new phenomenon, but modern times, and especially the very dynamic development of modern technologies that have gradually become part of our lives, are taking this type of crime to a completely different dimension. This rigorous thesis deals mainly with the criminal offense of dangerous stalking according to § 354 of the Criminal Code and the related issue of misuse of modern technologies for the persecution of the victim, it also focuses on the motivation of the perpetrator and the behavior of the victim. The theoretical part of the thesis summarizes the legislative basis of dangerous stalking, describes the ways of possible use of available technologies for stalking. It also deals with the typology of perpetrators of dangerous stalking and their criminal motivation. The practical part of the work consists of seven case studies of this negative phenomenon from the Czech environment. The first case study focuses on a lawsuit resolved by the Municipal Court in Prague in early 2008. The described case could not be legally qualified as a criminal offense of dangerous stalking According to Section 354 of the Criminal Code, but had a fundamental impact on the legal regulation of stalking in the Czech Republic. Subsequent case studies describe cases in...
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Crime of murder and manslaughter under section 140, 141 of the Criminal Code
Venc, Jan ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Crime of murder and manslaughter under section 140, 141 of the Criminal Code Abstract This thesis is focused on crimes of murder and manslaughter under Act No. 40/2009 Coll., Criminal Code. The aim of the thesis is to deliver a complex analysis of crimes of murder and manslaughter under section 140, 141 of the Criminal Code and evaluate them de lege ferenda. The thesis is divided into five chapters. The first chapter is dedicated to the historical development of intentional killings regulation in the premises of today's Czech Republic. In particular, the attention is brought to the Austrian Penal Act from 1852 all the way up to the adaptation of the present Criminal Code of the Czech Republic. The second chapter is focused on actus reus of the crime of murder and manslaughter. Both of these crimes are of special significant object - the human life. This chapter's focus is also dedicated to the beginning and the end of human life from the perspective of criminal law. The third chapter focuses on the analysis of the crime of murder and its systematization under the present Criminal Code. Within this chapter, the simple murder and premeditative murder are outlined from which is murder with forethought and murder after prior consideration further defined. The significant part of this chapter is the description...
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Crime relating to the abuse of addictive substances
Pacovský, Josef ; Říha, Jiří (advisor) ; Hořák, Jaromír (referee)
Crime relating to the abuse of addictive substances The abuse of addictive substances is an issue of the whole society, which in current globalized world, considering continuous development of drug scene, still remains topical. The abuse of addictive substances, as a significant criminogenic need, relates to all kinds of different criminal offences, both those committed by addicts and those committed against them. This includes for example property crimes, crimes against life, person and health, or endangerment. Because of such wide scope of crimes related to the abuse of addictive substances, the focus of my work is on substantive regulation of so-called drug offences, which is stated in the articles 283 - 287 of the Criminal Code. The purpose of this thesis is to analyse constituent elements of the particular drug offences, coherent case-law, as well as some questionable issues related with this kind of criminal offences. It is for instance, the issue of determining the term "greater than the small amount" and regulation of making cannabis accessible for medical use. Higher consideration is given to the questions of so called growshops and the issues of the distribution of drug addiction. The thesis is divided into general part and special part. In the general part, there is a definition of some...
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Assistance to victims of Crimes
Hanušová, Kristýna ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
1 Assistance to victims of Crimes Abstract This thesis is focused on the assistance to victims of crimes. It examines the topic especially on the legal level, from various points of view. It deals with the assistance to victims in terms of legislation, mainly domestic, but also foreign, then it examines the application of legislation in practice and further it analyzes the findings while including suggestions for possible improvement. The goal of this thesis is to evaluate the Victims of Crime Act, whether its written form or its application in practice and to propose possible amendments in order to improve the role of the victim, which is after all an unwritten purpose of the Victims of Crime Act. This thesis is divided to an introduction, five separate chapters and a conclusion. In its first chapter, the thesis is focused on the person of the victim, purely from the point of view of the legislation. It defines direct and indirect victim, as well as particularly vulnerable victim. Finally it describes differences between a victim and an injured party. The second chapter represents a key part of the thesis since it is focused on the Victims of Crime Act itself and the rights arising out of it for victims. Step by step the chapter analyzes the right to professional assistance, right to information, right to...
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Domestic violence - comparisson of Czech ane U. S. legal regulation
Levanti, Hana Marie ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Domestic violence - comparisson of Czech ane U. S. legal regulation Abstract The aim of the thesis is to introduce legal regulation of domestic violence in Czech Republic and in the United States of America including mutual comparison. The body of this thesis is divided into three main segments. The first segment defines the issue of domestic violence through characterizing its typical signs, forms and cycle. The second segment focuses on domestic violence in the Czech Republic with concise overview of the current legislation, forms of protection against domestic violence provided by the private law (especially the legislation within the Civil Code and the Act on Special Judicial Procedures). Following is the introduction to legislation on protection from domestic violence as defined in the Criminal Law. As it is not possible to subsume the phenomenon of domestic violence under a singular substance of criminal offense, the scope of this segment includes analysis of a variety of such substances that are applicable during criminal offense investigation. The characterization of these substances is based on the system of the special part of the Czech Criminal Code. Therefore, the substances of criminal offenses against human life and health are analyzed first, followed by offenses against personal freedom and...
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Protective therapy and preventive detention
Rohnová, Anna ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Protective therapy and preventive detention Abstract The aim of the diploma thesis is to provide a comprehensive description of protective measures with an emphasis on two specific protective measures, namely protective treatment and security detention. These are criminal sanctions that are the result not only of a criminal offense, but also of an otherwise criminal offense. The basic function of these measures is not only to protect society from dangerous persons who have committed harmful acts on the basis of their mental disorder, sexual deviance or dependence on alcohol or other addictive substances, but also therapeutic effect on the personalities of these offenders so that their danger to society as minimized as possible and allowed them to return to normal life. The introductory chapters contain the basic characteristics of protective measures, their comparison with penalties and a brief description of the remaining protective measures, ie the institute will prevent things, prevent part of the property and protective education. The following chapter deals with the basic concepts that are closely related to both institutes, and whose understanding is crucial for grasping the whole issue. In the following chapters, I then deal in detail with the individual aspects of protective treatment and security...
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The Consequences of Breaching the Rules of Evidence for the Effectiveness of the Evidence
Zelenka, Jan ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
1 The Consequences of Breaching the Rules of Evidence for the Effectiveness of the Evidence Abstract This diploma thesis deals with the phenomenon of ineffective evidence in criminal procedures as a result of a breach the rules of evidence. The aim of the thesis is to submit current regulations about evidence in the Czech legal system, evaluate it and shine a light on certain problems. Can a criminal procedure be just if the essential principles are trampled on and the government breaks the law? Are there any barriers preventing geovernment arbitrariness? This thesis tries to answer these questions by introducing legal institutes based on area of evidence in criminal procedure. Thesis consists of six parts - four chapters, introduction and conclusion. The first chapter deals generally with evidence and its specifics in criminal law. It defines crucial terminology to understand this topic thoroughly and shines a light on principles of evidence. The second chapter revolves around admissibility and especially efficiency of evidence as a result of a breach in the rules of evidence by law enforcement. That breach of evidence has to fulfill a certain level of severity which has an important part in evidence ineffectivity. In the very last part of this chapter the author suggests legislative changes according to a...
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Assistance to Victims of Crime
Pacáková, Barbora ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
The thesis focuses on the assistance to crime victims, mostly in terms of Czech legislation, its compliance with the European legislation and its application in real life, it does, however, provide historical and theoretical explanation about crime victims. The thesis reflects the legislation, that is in effect at the time. The main aim of the thesis is to offer a comprehensive view on the issue of assistance to victims, to analyse and evaluate the legislation of victims' rights, especially under the Victims of Crime Act, and to assess the benefits of its first major amendment. The last goal of the thesis is to evaluate the current quality of assistance provided to crime victims. The thesis consists of five parts, in addition it also contains an introduction and a conclusion. The first part offers historical and international insight into the assistance of crime victims and details how this field has evolved over the last hundred years. It also places the issue into historical context while analysing international requirements laid down by the Council of Europe, the European Union and the United Nations. Part 2 explains legal terms "victim" and "injured party", providing a comparison of these two terms with a view toward their use in subsequent chapters of this thesis. Part 3 contains theoretical...
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Domestic Violence and its Prevention
Koulová, Iva ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Presented thesis is focused on the domestic violence and its prevention, a substantial part of the thesis is aimed at legal framework for protection against domestic violence. The thesis is divided into six chapters, in the first one the definition of domestic violence and its different forms are presented. Domestic violence can be divided into intimate-partner violence between former or existing spouses or partners, violence between parents and children and elder abuse. Protection against domestic violence is provided by substantive and procedural provisions of administrative, civil and criminal law. The second chapter is dedicated to means of protection regulated by administrative law, when the misdemeanour legislation and protection in the Police Act is mentioned. Special provisions against domestic violence are included in the Czech Civil Code. The following three chapters are dedicated to the criminal aspects of domestic violence. Description of the different types of criminal offences related to the domestic violence is covered in the third chapter. Protection of victims of domestic violence during the criminal proceedings is outlined in chapter four of this thesis. The rights of the injured party are pointed out, especially in connection to the pre-trial stage of proceedings, collateral...
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Protective treatment and security detention
Fojtlová, Klára ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
The topic of this diploma thesis is represented by two protective measures - protective therapy and security detention. The aim of this thesis lies in familiarization with their most important aspects in order to get a better picture of their character and possibilities of imposing them. Due to space limitation, the thesis focuses on legal regulations of imposing protective therapy and security detention on adult perpetrators. Only significant differences in legal regulations concerning children under 15 and juveniles are discussed. The diploma thesis is divided into five chapters. The first chapter deals with a dualistic system of penal sanctions in general as well as a classification of protective therapy and security detention. This chapter also specifies differences between punishments and protective measures, purpose of these penal sanctions and principles of their use with a particular emphasis on protective measures. In order to understand the conditions for imposing protective therapy and security detention, the most important terms are discussed in the second chapter. A significant part of this diploma thesis is included in the third and fourth chapter which cover the analysis of protective therapy and security detention itself. Each of these chapters describes the aforementioned...
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