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Unconditional sentence of imprisonment from perpective of theory and practice
Pleva, Jiří ; Jelínek, Jiří (advisor) ; Kalvodová, Věra (referee) ; Herczeg, Jiří (referee)
Unconditional sentence of imprisonment from perspective of theory and practice Dissertation JUDr. Jiří Pleva Abstract Author tried to express his opinions to contemporary theory and practice concerning the unconditional sentence of imprisonment and provide some impulses to an appropriate change in his thesis. The basic motto of the introduced discourse was the statement that the prime sign of the imposed sentence is the loss (evil) caused to the criminal. Author wanted to prove the ineffectiveness of the imposed sentences in the cases when the subsequent execution of the punishments will not be for the criminal appreciable enough, whereas the factual appreciability of the punishment is only ad hoc to be stated regarding to the situation of the particular offender. Generally extended statement was disproved, that the unconditional sentence of imprisonment was always the strictest form of punishment, by the chosen cases from the court room and also from the prison practice. In thesis author tried to emphasize the importance of all basic purposes of the punishment, until now modified in § 23 of the Criminal code (1961) which cannot be left out at considerations either about imposing sentence or after the coming into force of the new Criminal code (2009). In spirit of the mixed theory of punishment he expressed...
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European Arrest Warrant
Bicanová, Jitka ; Jelínek, Jiří (advisor) ; Sváček, Jan (referee) ; Záhora, Jozef (referee)
European Arrest Warrant is an institute of the police and judicial cooperation in the criminal matters. Based is on the mutual confidence of Member States in its legal systems. His formation was caused not only by the failed ratification of the international agreements governing extradition, but also by the terrorist attacks occurred on 11 September 2001 in New York. European Arrest Warrant meant the breakthrough into the national traditional sovereignty of Member States and that all to ensure the area of freedom, safety and justice inside Europe. Formation of the European Arrest Warrant led to the restriction of some principles, which dominated to the extradition, when between the most important ones belongs the principle of surrender of own citizens. European Arrest Warrant is the necessary means and tool of police and judicial bodies in the fight against the national and multinational crime, whose use rises year from year.
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Alternatives to unconditional imprisonment
Sýkorová, Pavlína ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
ALTERNATIVES TO UNCONDITIONAL IMPRISONMENT Pavlína Sýkorová My diploma thesis deals with alternative punishments which may be imposed as an alternative to imprisonment. The thesis is divided into six chapters. In the introduction of my thesis first I deal with general issues, I define the term and the purpose of punishment and I outline the concept of Restorative justice which presents the base of alternative approaches in the penal law. The second chapter describes the system and various forms of alternative sentences and criminal procedure alternatives (procedural diversions), their historical development in the Czech Republic since 1989 and the activity of international organisations in this domain, especially United Nations and The Council of Europe. In this chapter I also present the institution and characterise the activity of the Probation and Mediation Service which has an important role during the imposition and execution of some alternative punishments. The main attention in the thesis is concentrated on the chapters 3 to 6 which concern particular alternative forms of punishment in the valid and effective Czech legislation, their imposition and execution. Successively, I deal with conditional prison sentence, pecuniary punishment, community service and home arrest. Final subchapters of these...
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"Crime of murder under Section 140 of the Czech Criminal Code, criminal-law and criminological aspects"
Vlasáková, Barbora ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This thesis called "Crime of murder under Section 140 of the Criminal Code, criminal-law and criminological aspects" focuses mainly on description of variety aspects connected with the above mentioned crime. It does not thus concentrate only on a legal standpoint. In the beginning, it contains history of legal regulation of the crime of murder, depiction of punishment for such crime in a "historical" area of the Czech Republic within past centuries, as well as development of principles governing the main criminal codes (or regulations) throughout history. Term and principle of protection of the human life is, as an integral part and key term of the thesis, mentioned therein including very precise and detailed definition of the commencement and termination of the human life such moment being very important for determination whether the murder may have been, in certain cases, committed or not. Actually, right to life is also one of essential notions used also in international-law treaties and declarations whose list is also contained in the thesis. As it follows from the title of the thesis, its core shall be (and, indeed, is) represented by the valid legal regulation of the crime of murder under Czech law. After decades of usage of socialist criminal code, Act No. 40/2009 Coll., Criminal Code, as amended,...
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Domestic Violence from the perspective of criminal law
Lord, Barbora ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
v angličtině The first few chapters of the rigorous discuss the definition, types and theories of domestic violence. I explore potential gender-specific aspects of domestic violence, with a separate chapter devoted to victims of domestic violence. Building on the introductory chapters I proceed to analyze criminal offences related to domestic violence, including related verdicts. In the procedural area I focus in particular on custody, victims' property rights, and the payment of damages to the plaintiff. This section is closed off by a discussion of police and civil interventions in cases of domestic violence. The final part of the dissertation analyzes domestic violence in the context of international law, providing a comparison with the legal order of the Slovak Republic.
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Stalking
Babčaník, Michal ; Jelínek, Jiří (advisor) ; Gřivna, Tomáš (referee)
Resumé The aim of this final thesis is to evaluate stalking - the phenomenon which gained infamy over the last few decades - and its legal definition. Stalking or "dangerous pursuit" (literal translation name of the Czech criminal offence of stalking) is also a new offence under Czech Criminal Code no. 40/2009 which was entered into force on the 1st of January 2010. The main goal of this newly introduced criminal offence is to cover the psychological and social phenomenon of the same name, stalking, and the main goal of this thesis is to critically assess whether this criminal offence, "dangerous pursuit", is successful in criminalizing the stalking phenomenon and whether its form is an effective instrument in fighting stalking. The thesis begins with a short overview which aims to unveil the main ratio behind the call for a legal regulation of stalking. Then a psychological and social peek into the depths of this phenomenon follows (encompassing some of the most widely used typologies and even some clinical opinions on punishing and treating stalkers), which allows to critically evaluate the efficiency of that new criminal offence later on. After this explanation of stalking as a psychological and social phenomenon, comparing the various foreign legal definitions of stalking will follow. The Czech legal...
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The Criminal Means of Dealing with Organized Crime
Coufalová, Bronislava ; Jelínek, Jiří (advisor) ; Sváček, Jan (referee) ; Polák, Peter (referee)
Presented dissertation is devoted to the criminal means of dealing with organized crime. Recently the organized crime has undoubtedly belonged to the category of most serious problems that the individual countries, including the Czech Republic, have had to cope with especially in the field of legislature. In our country this phenomenon became more visible after the fall of the totalitarian regime when the borders were opened. This resulted in the boost in the activity of foreign criminal societies and domestic criminal societies consequently. However, at the beginning the Czech legislature did not take any serious action thus providing free space for the organized crime to establish itself in the Czech Republic. It was the intensive calls for an action that would react to the current situation which spurred the legislature to make several more or less crucial changes prevailing up to now. When dealing with the organized crime, the tools of criminal substantive as well as procedural law appear to be the most effective ones. The organized crime as the most serious type of group crime can be effectively dealt with only through specific criminal-law institutes and mechanisms which can adequately fight against this phenomenon as far as revealing the perpetrators, penalizing and finally destroying the...
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The prosecuting attorney and the police in pre-trial proceedings
Borovička, Lukáš ; Jelínek, Jiří (advisor) ; Herczeg, Jiří (referee)
The topic of this thesis is "The prosecuting attorney and the police in pre-trial proceedings". It has purpose to inform interested persons about legal regulations of pre-trial proceedings, purpose, function and methods of prosecuting attorney and the police. After short introduction subsequent chapter one deals with term "the police" including legal regulations of this term in Code of criminal procedure and common commentary. Characterization and explanation of term "the prosecuting attorney" in chapter two also delas with legal regulations of his function and role in pre-trial proceedings as well as with general characterization. Following chapter shortly explains some selected basic fundamentals or principles of criminal law and especially those principles used mainly in pre-trial proceedings. The term "pre-trial proceeding" is explained in chapter five including all of phases and forms of pre-trial proceedings. The core of the thesis is situated into chapter six, which deals with the present legal regulation of preliminary criminal procedure, especially role of the police and prosecuting attorney. In chapter seven there is a brief explanation of shortened preparatory criminal proceedings. In ending chapter I tried to give a summary and I also mentioned some problems of application of current...
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Criminal Law and Criminological Aspects of the Internet Criminality
Krupička, Jiří ; Jelínek, Jiří (advisor) ; Záhora, Jozef (referee) ; Gřivna, Tomáš (referee)
Criminal Law and Criminological Aspects of the Internet Criminality Key words: Internet, Criminal law, Criminology Abstract (EN): Internet criminality is a very young phenomenon; the internet itself was presented in the recent form only about 20 years ago. Nevertheless, the relative youth of the internet does not mean that the internet crimes are less serious or less prevalent than other criminal activities. The mass, relative anonymity and progressive globalization of the internet together with bustling development of computer technology provide both the organized crime and individuals with perfect means to commit all sorts of offences. With regard to its extant, this study is not supposed to serve as an overall and full detailed analysis of the internet criminality. The objective of this paper is a criminological description of socially dangerous phenomenons related to the internet, concretely the origin of these phenomenons in the society, the most frequent modus operandi of the internet crime, means of prevention and the criminal law qualification of the relevant criminal activities. The paper itself is divided into four separate parts. The first part contains a general introduction into the problems of internet criminality. We can find there a definition of the term "internet" and "internet...
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Criminal Legal Regulation of Fraudulent Conducts against Property
Heranová, Simona ; Jelínek, Jiří (advisor) ; Polák, Peter (referee) ; Sváček, Jan (referee)
Dissertation: Criminal Legal Regulation of Fraudulent Conducts against Property Author: Simona Heranová Department: Department of Criminal Law Supervisor: Prof. JUDr. Jiří Jelínek, CSc. Keywords: Criminal offence, principle of subsidiarity of criminal repression, fraud, insurance fraud, credit fraud, grant fraud, damaging the EU's financial interests, Protection of property has been settled as one of the interests protected by criminal law, but the formulation of facts of criminal acts sanctioning fraudulent conduct has always interfered with some specific aspects of this type of crime, chiefly consisting in the diversity of methods of how to conduct the fraud. Taking a comprehensive view of criminal legislation sanctioning the fraud against property in the Czech criminal law in terms of the most basic facts of the crime the author of this dissertation depicts to what extent this legislation is unsettled and ambiguous even - while dealing with partial problems, which however have the same principles - inconsistent. By creating a common ground, putting accepted conclusions and assumptions from the literature and judicial practice in context, so far unsolved problems are drawn. These come especially with newly formulated and fundamentally altered facts of crime within the analyzed area, where the...
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