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Criminal liability in public procurements
Richter, Martin ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee) ; Kalvodová, Věra (referee)
1 ABSTRACT Criminal liability in public procurements The thesis deals with the criminal liability in public procurements. Public procurement is a very complex and organized activity, the criminal assessment of which, however, cannot reliably lead to satisfactory results on the basis of existing doctrine. The primary goal of this work is therefore to identify the roles and extent of criminal liability of individual actors in the decision- making process of public administration and on this basis to analyze which type of negotiations concerning public procurement may be punished under a special part of the Criminal Code. The importance of effective prosecution of criminal offenses relating to public procurement results from the fact that amount of funds in public procurement correspond to tenth of gross domestic product. For easier orientation of the reader, a formal structure was chosen so that, as far as possible, it comes as close as possible to the standard criminal law teaching on elements of a crime. Specifically, the chapters are divided into actions in public administration, its criminal relevance, the consequence in public administration, the subject, the subjective aspect, circumstances precluding illegality and finally to crimes related to public procurement. From the material point of view, the...
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Criminal sanctions of acts against the financial interests of the European Union
Sotolářová, Daniella Sarah ; Jelínek, Jiří (advisor) ; Bohuslav, Lukáš (referee) ; Kalvodová, Věra (referee)
Criminal sanctions of acts against the financial interests of the European Union. Daniella Sarah Sotolářová Summary The ongoing integration of the European Union - and the related extension of the powers of its bodies and closer cooperation between the Member States in many areas - brings about various new challenges and urges many subjects to deal with issues yet unresolved. This also applies to the field of criminal law and to the subjects active in criminal matters. A substantial progress has been made recently at the European Union level on the way towards the harmonization of certain criminal law standards and major steps have been taken leading to the reform of the system of the institutions and bodies active in criminal matters which include criminal offences against these standards. These harmonization and reform steps have reached furthest in the area of criminal law protection of the financial interests of the European Union against acts of a fraudulent nature. However, not everything has been achieved completely in the rapid development. It still remains open - and undefined - what really belongs among those protected financial interests of the European Union. Its normative efforts came up with the concept of criminal offences of a fraudulent nature substantially exceeding the framework of what...
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Criminal liability in public procurements
Richter, Martin ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee) ; Kalvodová, Věra (referee)
1 ABSTRACT Criminal liability in public procurements The thesis deals with the criminal liability in public procurements. Public procurement is a very complex and organized activity, the criminal assessment of which, however, cannot reliably lead to satisfactory results on the basis of existing doctrine. The primary goal of this work is therefore to identify the roles and extent of criminal liability of individual actors in the decision- making process of public administration and on this basis to analyze which type of negotiations concerning public procurement may be punished under a special part of the Criminal Code. The importance of effective prosecution of criminal offenses relating to public procurement results from the fact that amount of funds in public procurement correspond to tenth of gross domestic product. For easier orientation of the reader, a formal structure was chosen so that, as far as possible, it comes as close as possible to the standard criminal law teaching on elements of a crime. Specifically, the chapters are divided into actions in public administration, its criminal relevance, the consequence in public administration, the subject, the subjective aspect, circumstances precluding illegality and finally to crimes related to public procurement. From the material point of view, the...
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Criminal acts committed by racial, national and other hateful motives
Štůsek, Jaromír ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee) ; Kalvodová, Věra (referee)
Criminal acts committed by racial, national and other hateful motives Abstract in english The dissertation thesis is focused on the issue of crimes committed by racial, national and other hate motives, which are nowadays commonly referred to as hate crimes. The dissertation thesis comprehensively elaborates the essence of the issue of hate crimes and the ideas on which this crime is based on. The thesis points to a relatively rich but very inconsistent and constantly evolving terminology and defines related terms such as extremism, racism, anti-Semitism, anti-Islamism or racial prejudice. It should be recalled that the notion of hate crime is not entirely appropriate to this issue. A closer interpretation of the individual terms is important for the correct interpretation of the relevant facts that are affected by this issue. The analysis of related criminal offenses and related case-law demonstrates what conduct these crimes may impact. We have to realize that the issue is very closely related to the constitutionally guaranteed freedom of speech and expression, and they are very closely intertwined. To define the boundary between an offense and the right of an individual freely expressing their opinions in word, writing, print, image or otherwise, as well as freely seeking, receiving and disseminating...
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Formal Burden of Proof of Public Prosecutor in Criminal Proceedings
Pudilová, Anežka ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee) ; Kalvodová, Věra (referee)
The legal concept of formal burden of proof of public prosecutor has been discussed for more than 17 years of legislative work on the new Criminal Procedure Code and an increased attention was also paid to it before by the legal science, at the same time with the enforcement of adversary elements of court proceedings. The legal concept in question was established and developed as part of the Anglo-Saxon type of criminal proceedings where trial is based on a dispute between the parties. This involves the exclusive procedural responsibility of public prosecutor to clarify the facts relevant to the indictment filed. Although it is possible to give a brief description of the legal concept in question in a single sentence, its enactment would affect the overall nature of the proceedings before the court and would also be reflected in other stages of the criminal proceedings. The aim of the dissertation was to analyse the prerequisites and consequences of the enactment of the formal burden of proof of public prosecutor in the Czech criminal proceedings. Given the origin of the legal concept, the crucial question was whether its adoption would necessarily constitute a total departure from the legal principles which the existing Criminal Procedure Code is based on or whether it is possible and appropriate...
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The Victim in the context of Restorative justice
Dleštíková, Tereza ; Jelínek, Jiří (advisor) ; Bohuslav, Lukáš (referee) ; Kalvodová, Věra (referee)
The purpose of the thesis is to confirm or disprove the hypothesis whether alternative methods of crime resolution and restorative programs bring advantages and benefits to the victims of crime. For that reason I perceive the victims of crime from the Restorative justice's point of view trying to identify their interests, needs and expectations arising from the criminal event and trying to get to know whether the criminal procedure, as well as its alternatives, is able to fulfill them. Therefore the thesis is composed of four chapters, each of them dealing with different aspects of the victim from the restorative perspective. The first chapter of the thesis is dedicated to the theoretical analysis of the concept of Restorative justice. It deals with the principles of restorative and retributive paradigms and their relation, it briefly discusses the theory of conflict and describes the restorative process, its principles and the stakeholders - the victim, the offender, their communities of care or their social circles and, last but not least, the facilitator. The stakeholders are a crucial part of the process, as the Restorative justice considers the crime as a social event with negative impact not only on the victim and the offender but also on the society and a social peace, so for that reason the...
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Sanctioning of adolescents - comparative study
Budayová, Lucie ; Jelínek, Jiří (advisor) ; Gřivna, Tomáš (referee) ; Kalvodová, Věra (referee)
The thesis focuses on the issue of sanctioning juveniles in the Czech Republic according to the Act No. 218/2003 Coll. on the criminal responsibility of juveniles and jurisdiction of juveniles (hereinafter referred to as the "Juvenile Justice Act"). The aim of the thesis is to analyze the Czech legal regulation of sanctioning juveniles, compare it with foreign legal regulations, evaluate the knowledge from application practice and find out the frequency of use of individual institutes with regard to the extent of application of restorative justice elements. It compares various periods of the development of legislation in this area in the Czech lands and focuses on circumstances and reasons for adopting the Juvenile Justice Act. It examines whether the system and types of sanctions, as well as other solutions to criminal matters of juveniles, which the legislator has regulated in Juvenile Justice Act, correspond to the needs of juveniles and whether it can truly represent an effective solution to their situation and at the same time effectively protect society. It analyzes in detail the various possible ways of responding to offenses committed by juveniles, critically evaluates them and compares them to responses to adult offenders. It also apprises readers of an analysis of the frequency of use of...
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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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Issues of life imprisonment
Tůmová, Jana ; Novotný, Oto (advisor) ; Karabec, Zdeněk (referee) ; Kalvodová, Věra (referee)
Problematika trestu odnětí svobody na doživotí Disertační práce Mgr. Jana Tůmová Katedra trestního práva PF UK Strana 263 Synopsis The theme of this dissertation work is the issue of one of the exceptional punishments, namely that of life imprisonment, which following the abolition of capital punishment as the absolute punishment can be considered at the present time to constitute the strictest punishment which national courts may impose upon the establishment of guilt for the most serious criminal offences. This represents a continuously discussed theme, since this punishment in its purest form is the definitive punishment. The work focuses on the punishment of lifetime imprisonment as a whole, whilst the individual chapters link to one another logically and chronologically from the perspective of the time sequence of the criminal proceedings, including the executive proceedings. The first chapter deals with a definition of punishment as such and its purpose from the perspective of criminal law (Act no. 140/1961 Coll.). The second chapter addresses the situation of the punishment of life imprisonment within the system of punishments, its relation to the death penalty, in which part of the chapter is devoted to capital punishment from both a domestic and foreign perspective, including a history of the legal...
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Criminal recidivism
Vejběrová, Andrea ; Císařová, Dagmar (advisor) ; Šámal, Pavel (referee) ; Kalvodová, Věra (referee)
The submitted work, as follows from its title, is concerned with criminal recidivism, in the first part primarily from a criminological perspective, while the second part of the work then deals particularly with the perspective of criminal law. As there has been a tendency to neglect recidivism in the professional literature in recent years, this work attempts to provide an overall summary of the subject of criminal recidivism while endeavouring to mention the most important aspects that are closely related to recidivism. Consequently, the introductory part of the work is devoted to a general delimitation of criminal recidivism and its various forms. The work attempts to make a basic excursion into this subject area while simultaneously endeavouring to evaluate the effectiveness of the commonest approaches employed in connection with criminal recidivism, primarily in relation to the current legislation in this country and abroad. In the context of foreign legislation and especially of the application of life sentences in the most serious cases of recidivism in some countries (including the former legislation in the Czech Republic) as obligatory punishment, considerable space is devoted here to the "three strikes law", which is applied primarily in the U.S.A. and, recently, also by our Slovak...
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