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Crime relating to the abuse of addictive substances
Koula, Ivo ; Říha, Jiří (advisor) ; Hořák, Jaromír (referee)
Název práce, abstrakt a klíčová slova v anglickém jazyce Title Criminal offences related to substance abuse. Abstract The main purpose of this work is to acquaint the reader with the Czech legal regulation of the so-called drug criminal offenses defined in the provisions of Sections 283 to 287 of the Criminal Code in the view of substantive law. This work will provide a general description of individual relevant crimes, their interpretation, as well as analysis of some terms that are associated with these crimes and which are still under discussion. Overall, the work is divided into six parts. The first part is devoted to the explanation of several basic terms, which are used in the work and whose understanding is necessary to understand the rest of the text, as well as the purpose of some legal provisions, which are further addressed. The second part deals with the issue of addictive or narcotic and psychotropic substances as such. This part provides several possible variations of the classification of these substances into groups and subgroups according to various aspects. Finally, the individual groups of addictive substances are mapped with regard to their characteristic psychoactive effects, toxicity or ability to induce psychological or physical dependence on an individual. For each of the groups of...
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Indirect perpetration
Repáňová, Patrícia ; Hořák, Jaromír (advisor) ; Vokoun, Rudolf (referee)
Indirect perpetration Abstract The topic of this diploma thesis is the analysis of an institute of indirect perpetration, which is one of many possible ways of committing a crime. Its essence lies in using other person who cannot be liable for his/her actions, also called an innocent agent or instrumentality. Such a person is controlled by an indirect perpetrator in the backround who must have double intentions towards committing a crime and also an abuse of a person who for some reason will not be held criminally liable. The reasons for staying out of criminal liability are enumeratively listed in the Criminal Code and include the lack of age, insanity, mistake, emergency, necessity and other defenses, as well as the fact that the person acted with no culpability or at all. It also deals with a matter when the innocent agent acts with no mental state (or motive) sufficient for commision of the offense which is required for particular criminal act and in those cases his liability can be measured at least as negligence and does not exclude his liability for another offense. This institute sought its way into the Criminal Code for quite a long time, until the enaction in 2009. The new Criminal Code was considered a groundbreaking legal regulation. By that time, the institute of indirect perpetration was only...
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Traffic crime and its prevention
Filip, Jakub ; Říha, Jiří (advisor) ; Hořák, Jaromír (referee)
NÁZEV DIPLOMOVÉ PRÁCE, ABSTRAKT A KLÍČOVÁ SLOVA V ANGLICKÉM JAZYCE Název diplomové práce v českém jazyce: Traffic crime and its prevention Abstrakt: The topic of this thesis is traffic crime and its prevention. It is an area of criminology, which recently has been becoming more and more important, due to constant increase of traffic in general. Nearly every human participates in traffic every day, therefore we all are becoming potential victims or perpetrators of traffic crimes. This topic is too wide for one thesis and it is impossible cover the whole subject in total. So the aim of this thesis is first to give a comprehensive presentation of basic knowledge about traffic criminality, and than focus on more narrowly defined subject, for which I chose criminality with participation of cyclists. I decided for this specialization, because cycling is deep in my heart and I am an active road and track racer. The thesis consists of four chapters. The first chapter deals with the most basic issues like: definition of the term traffic, types and division of traffic, definition of the term traffic criminality, features of traffic criminality as branch of criminology and determination of traffic crimes. The second chapter is about traffic crime statistics. It is discussed what is the proportion of traffic...
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The Unfit Preparation and Attempt of Criminal Offence
Salzmannová, Lucie ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
The Unfit Preparation and Attempt of Criminal Offence Abstract The topic of the unfit preparation and attempt of criminal offence is one of the most disputable domains of criminal law. The conflict concerns mainly punishability of an act, which cannot really result in committing a crime, and punishment of perpetrator. In the study of criminal law, two basic approaches have developed. Other theories are derived from them. The first od basic approaches is the subjective theory, which emphasizes a malice of the perpetrator. In its radical form, it omits completely an act in the world. The second approach is represented by the objective theory, which constitutes the opposite of the subjective theory. This theory emphasizes mainly dangerousness of the perpetrator's act for society. The preference of theories has been changing, that is also represented by the difference of laws. The unfit attempt can be divided in three basic groups according to what is unfit: attempt on unfit object, attempt with unfit tools, attempt by unfit subject. The thesis is divided into several parts. In the first part, the unfit preparation and the unfit attempt are introduced as evolutional stadiums of a criminal act mainly from the point of view of current law. Than unfit forms and detailed explanation of both theory follow. Also such...
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The crime of disorderly conduct regulation
Ježek, Tomáš ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
v anglickém jazyce This thesis deals with a Czech legal regulation of the crime of disorderly conduct, defined in section 358 of the Criminal Code in a very abstract way as a gross indecency or disorderly conduct committed publically or in a publically accessible place. The main aim of the thesis is to offer a general characteristic of the crime, to specify its appropriate interpretation, to propose potential alterations of the current legislation and finally to describe a problem of spectator violence as a specific type of disorderly conduct. The thesis consists of six parts, the first of which analyses elements of the crime with a focus on elements laid down by indefinite concepts of law. Problems of the current legislation and proposals of its potential changes are also mentioned in a final chapter of this part. The second part deals with admissibility of concurrence of disorderly conduct with other crimes and special attention is paid to impossibility of such concurrence on the grounds of consumption of crimes. The next part is concentrated on administrative delicts committed in cases of less serious disorderly conducts, i.e. administrative delicts against public order and against civil coexistence. This part also provides main indicators determining a decision if particular illegal behaviour...
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Culpability in Criminal Law
Schmalzová, Kateřina ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Culpability in Criminal Law The diploma thesis deals with the topic of culpability in criminal law, which is an obligatory attribute of the subjective aspect of the criminal offence. It characterizes the offender's psyche in relation to the criminal offence. In Czech criminal law, the principle of liability for fault (nullum crimen sine culpa), according to which there is no crime without fault, applies. The diploma thesis is divided into five chapters. The first chapter is focused on the general introduction; in which the crime and its merits are discussed. The largest part is left to the interpretation of the subjective aspect of the criminal offence and its obligatory and facultative characteristics. The chapter concludes with a treatise on the concept of guilt in criminal law. The second chapter deals with the historical development of the institute of culpability in the criminal codes, which used to be applicable in our territory, from the period defined by the applicability of the Act on Crimes, Offenses and Misdemeanours to the Criminal Code of 1961, which was replaced in 2010 by the current Criminal Code. The third chapter deals with the current regulation of culpability in criminal law, the most part is left to the general characteristics of the regulation of culpability in the applicable...
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Participation
Klabanová, Andrea ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
This diploma thesis provides to the reader an analysis of one of the most complex institutes of substantive criminal law - participation. Its aim is to focus mainly on the current legislation of participation, but also to criticize it and to propose the changes in legislation. Apart from the introduction and conclusion, the thesis consists of a total of six parts. The first part of the thesis is devoted to defining the concept participation together with concepts associated with participation. First of all, the concept criminal cooperation is defined, in which the division of participation we can find, and then the division of participation itself is discussed. The second part analyzes individual conditions and principles of participation, on which this institute is built. Accessority of participation, which is crucial for this institute, is discussed in more detail. The third part deals with individual forms of participation. Firstly the conditions of criminal liability are analyzed from the most serious form to the least serious one. For each individual form there are then discussed the specifics of the form associated. The chapter related to organizing distinguishes this from an organized group and an organized criminal group. At abetting there is the institute of agent provocateur and hiring...
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Selected Questions of Unconditional Imprisonment
Jirsová, Kamila ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
- Selected Questions of Unconditional Imprisonment The presented diploma thesis dealing with current issues of unconditional imprisonment is led by an effort to analyze problems that are conncted with the imprisonment and to outline possible solutions. The introduction is devoted to the concept of punishment and its purpose. In order to better understanding the current concept of unconditional imprisonment, the second part briefly discusses the historical development of this punishment and the origin of penological systems. This section also includes legislative regulation at both international and national level. The third part examines the unconditional imprisonment in terms of length, while the author concludes that the greatest risk of negative effects is linked to both very short sentences and penalties of over 10 years. The pivotal part of the thesis is the fourth part, which deals with selected actual issues, which must be discussed in connection with the unconditional imprisonment. The author calls for the priority to be given to the problems of prison overcrowding, because without the solution of this problem it is not possible to face other negative phenomenons and effort to reform convicts are often void. The author sees the solution partly in the construction of new prison facilities....
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The issues of juvenile criminal justice
Šípal, Jan ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
1 The Issues of Juvenile Criminal Justice The Abstract This Master's degree thesis named "The Issues of Juvenile Criminal Justice" focuses on the issues of proceedings in the matters of children under the age of fifteen according to title third of the Act No. 218/2003 Coll. on the Responsibility of Juveniles for illegal Acts and on the Justice of Youth (hereinafter "ZSM"). These proceedings are unlike any other in that regard that although they are civil, they can't deny their penal aspect since they deal with the other offences, the acts which posses every element of a crime except for the fact that they were committed by someone not criminally liable. These proceedings are yet to be thoroughly examined by law literature or any other thesis and their statutory regulation itself is quite brief, that is despite the complexity of said issues. The first introductory chapter defines several basic concepts of these proceedings, such as "the child under the age of fifteen" or "other offence." Then, the ZSM is covered. This act is naturally crucial for the issue, though his relations to general civil and penal regulation must be explained. In the second chapter, called "Historical context," some key historical milestones are remembered, with the focus on Act No. 48/1931 Coll. on the Penal Justice System of the...
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Protective Treatment and Security Detention
Toman, Lukáš ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Protective Treatment and Security Detention Abstract This diploma thesis summarizes information about the institutes of involuntary commitment, especially involuntary treatment and security detention. A goal is to describe their development, imposition and their program. The next goal is to examine the influence of physical activity on patients and perpetrators who had been subjected to involuntary treatment or security detention. And finally to describe the opportunities for physical activity in psychiatric hospitals and detention institutes. This diploma thesis also surveys the opinions of the staff working in these facilities on the above stated issues. The first part introduces basic information concerning this topic. Next comes a part describing types of punishments and preventive measures. In the subsequent part, I describe measures imposed on juveniles and children under the age of 15 with an emphasis on protective education. Next, I explain important concepts and terms connected with this topic. I pay attention primarily to insanity, diminished sanity, mental illnesses and abuse of addictive substances. The thesis describes protective treatment in general as well as the types of protective treatments and the way they are carried out. The imposition of protective treatment is the topic of the next...
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