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The imposition of penalties on the recidivism
Vltavský, Petr ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
This diploma thesis is focused to issue of imposition of penalties on crimes with sign of recidivism. This problematic is actual, important, and especially wide topic, that relates to sections from international law documents, through principals of constitution law and criminal legal regulation to sources of law that operate the legal presumptions. At the same time recidivism and following imposition of penalty affected by the passage of time and gradual historical development with social changes, that lead to evolution of application and formation of rules tied to the topic. In the introduction of thesis there are explanations and analysis of basic concepts and situations, which are related to pluralistic criminal activity. This is completed by illustrative diagrams and concrete examples for making better idea about differences between types of pluralistic criminal activity and similar cases. Thereafter the content of thesis is heading to main pillars, which connect recidivism and imposition of penalties as general aggravating circumstances, special aggravating circumstances, extraordinary increase of penalty of imprisonment or influence of recidivism to offender's classification to type of jail. There is not just strict description of regulations in force, but there is explained historical...
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Admissibility of evidence in criminal proceedings
Pazourková, Klára ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
Admissibility of evidence in criminal proceedings Abstract The thesis deals with the procedural applicability of evidence in criminal proceedings from the perspective of defects caused by violations of procedural rules of evidence. The aim of the thesis is to summarize the applicable legislation with a focus on procedural acts of law enforcement authorities in criminal proceedings and to analyse the defects that may arise in the process of evidence. Can any substantial error in the acquisition or execution of evidence prevent its use in court proceedings? How do Czech courts view violations of procedural rules on evidence, or defects in the process? The author tries to find answers to these questions by analysing the institutes and principles related to the field of evidence and by analysing the decisions of the Constitutional Court and the Supreme Court. The work is divided into six parts - four chapters, introduction and conclusion. The first chapter is devoted to evidence on the theoretical level. It defines important concepts related to evidence and characterizes the means of evidence listed in the Criminal Procedure Code. Last but not least, it also contains the basic principles governing evidence, also with regard to international regulation. The second chapter deals with theoretical approaches to the...
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Punishment of Recividism
Kopačka, Adam ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Punishment of Recividism Abstract This diploma thesis deals with the topic of criminal recidivism which is a global problem, the solution of which should be one of the goals of the state's criminal justice system and at the same time it is a measure of its success rate. The frequency of recidivism to some extent reflects the effectiveness of criminal sanctions, the effectiveness of their enforcement, but also social influences such as the demographic distribution of the population or social inequality. Recidivism is a problem that cannot be definitively solved but it is possible to approach the ideal of its punishment, and thus the effective fight against repeated offenses by recidivizing criminals. Recidivism can be viewed from the perspective of many scientific disciplines. This work aims to describe recidivism in the eyes of criminal law. It depicts the legal instruments that serve to punish recidivists more severely, the conditions of their application and their impact on the type and amount of punishment. Although the aim of the thesis is to map especially effective law, recidivism is also approached in its historical context as this aspect is key to understanding older case law. The domestic legislation is also partially compared with foreign legislation which can be a useful inspiration for...
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The principle of subsidiarity of criminal repression
Kolder, Adam ; Šámal, Pavel (advisor) ; Mulák, Jiří (referee)
This thesis is a compilation of selected topics related to the principle of subsidiarity of criminal repression as a guiding principle of criminal law. The text of the thesis deals with the historical development of the approach to this principle in the Czech Republic, as well as the current normative anchoring of this principle in the effective criminal legislation. Furthermore, the text pays attention to the general character of this principle, which is manifested by its interpenetration into a number of institutes of criminal law, as well as its clash with other legal principles. In the practical part of the thesis, attention is then focused on the role of the principle of subsidiarity of criminal repression as a corrective to criminal injustice, as well as on the overlaps of this principle in the field of administrative law. This part of the thesis also takes into account the current cases that occur in the public sphere in relation to the principle of subsidiarity of criminal repression. The final part of the thesis compares selected foreign approaches to the principle of subsidiarity of criminal repression. Keywords: ultima ratio, subsidiarity of criminal repression, formal concept of crime, corrective of criminal injustice
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The alternatives to unconditional sentence of imprisonment
Sejpková, Marie ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
The alternatives to unconditional sentence of imprisonment Abstract This thesis focuses on the alternatives to unconditional sentence of imprisonment. The introductory part includes chapters dealing with the concept of punishment, the concept of restorative justice and the activities of the Probation and Mediation Service. Furthermore, there are separate chapters in this part, which deal with the system of alternative measures, alternative sanctions, the development of alternative measures in legislation. In relation to the purpose of the work is mentioned briefly the issue of unconditional sentence of imprisonment. The main part of the thesis deals with selected alternative sanctions, namely conditional sentence, conditional sentence with supervision, house arrest, a sentence of community service, financial penalty and prohibition to enter the sport, cultural and other social events. The individual chapters deal in more detail with a specific alternative sanction in terms of its legal regulation and subsequent execution and implementation in practice. Both the advantages and disadvantages they face are discussed in detail and de lege ferenda addressed. key words: alternative measures, alternative sanction, restorative justice
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Problems of public prosecution
Kořízková, Simona ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
Problems of public prosecution Abstract The subject of the diploma thesis is a systematic description of the characteristic features of the effective law regulation of public prosecution, its critical analysis and subsequent identification of its shortcomings with a possible proposal for its possible solutions. A public prosecution constitutes the protection of the public interest by means of the penal code, thus showing a close link with the criminal code and also with the right to a fair trial. The body of public prosecution is a very important institute in a democratic state governed by the rule of law, and therefore this thesis focuses first on the basic aspects defining this body, and then on identifying its shortcomings and looking for possible solutions aimed at making public prosecution legislation more efficient. The thesis focuses on the theoretical basis and with the help of a questionnaire survey created for the purposes of this thesis, also on the problematic issues that arise in the use in practice. The main focus of the diploma thesis is contained in its second and third part. The first part of the diploma thesis deals with the definition of the term public prosecution and its historical development, in order to understand the very essence and roots of the public prosecution body. Therefore,...
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Verification in Pre-trial Proceedings
Bradáč, Martin ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Verification in Pre-trial Proceedings Abstract: This diploma thesis deals with verification as one of the stages of the pre-trial phase of criminal procedings. The purpose of this thesis is to emphasize the most important institutes operating during verification as well as to expose current issues connected with The Criminal procedure Code, where the author share his experience with this stage of criminal proceedings. The first part of the diploma thesis deals with verification itself - its definition, demarcation of the verification within the criminal proceedings, specification of authorities acting in the verification and defining of the fundamental principles. A brief historical overview of the topic is attached as well. Subsequent principal part of the thesis includes a description of the most significant institutes excercised within the verification. Primarily the institutes related to an evidentiary procedure were stressed, especially institutes raising applicaton difficulties in practise. The author communicates his critisizing view on the topic supported by the appropriate arguments. The attention is paid also to the decisions made during the verification and also to the supervision of the authorities involved in the criminal proceedings. The aim of the thesis was to find out whether the current...
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Alternatives to unconditional imprisonment
Jeřábek, Beno ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
Alternatives to unconditional imprisonment This diploma thesis deals with selected alternative punishments to imprisonment, namely conditional sentencing and conditional sentencing with supervision, house arrest, fines, community service, prohibition of activity and prohibition of entry to sports, cultural and other social events. The author focuses on the current legal status of these sentences while also presenting a brief historical context of individual sentences and their gradual changes and amendments, including statistical data indicating the number of sentences imposed in the Czech Republic for a certain period. The thesis aims to analyze the legal regulation of the most frequently imposed alternative punishments in the Czech Republic, to think about their positives, negatives and overall effectiveness. The work is divided into an introduction, 9 chapters and a conclusion. The first part of the thesis focuses on clarifying the basic concepts, such as the purpose and function of punishment and acquaints the reader with various criminal theories and principles of sentencing. The second chapter explains the principles of retributive and restorative justice, which are important for understanding the current efforts to emphasize the more frequent imposition of alternative punishments. The third...
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The reflection of the Anglo-American institute of the agreement on guilt and punishment in the chosen European countries
Pavlát, Josef ; Mulák, Jiří (advisor) ; Heranová, Simona (referee)
The reflection of the Anglo-American institute of the agreement on guilt and punishment in the chosen European countries Abstract The goal of this thesis is to describe which elements of an Anglo-American institute of the agreement on guilt and punishment (represented by the American federal legal regulation as the most influential regulation of this institute) are reflected in legal regulations of an agreement on guilt and punishment in chosen European countries (Slovakia and the Czech Republic) by a detailed analysis of particular legal regulations. This thesis is supposed to inform about the history of the institute of the agreement on guilt and punishment in countries of its origin (England, Wales and the USA) including its spreading into countries with European continental law tradition. The thesis is systematically divided into four chapters. The first chapter discusses the history of the institute of the agreement on guilt and punishment and individual subchapters describe historical development in the USA, historical development in England and Wales including its spreading into countries with European continental law tradition, the author also gives reasons why this is happening. The second chapter is focused on defining of key concepts of the thesis which are 'plea bargaining', the agreement on...
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Instruments of Criminal Law Used in a Fight against Organized Crime
Lapáček, Jan ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
This diploma thesis is concerned with the instruments of criminal law used in a fight against organized crime. The objective of this thesis is to outline the current state of both international and domestic organized crime and to discuss some of the instruments used to fight against it which are provided to us by the criminal law. The first part of this thesis provides an overview of the development of organized crime as well as the defining characteristics of this phenomenon. However, the primary focus of the first part of presented thesis is on the conception of organized criminal group and the differentiation between organized criminal group, organized group, terrorism and terrorist group as provided in the Czech criminal code. The second part of this thesis discusses some of the individual instruments of both substantive and procedural criminal law in depth. Specifically, the criminal offense of participation in an organized criminal group, sentencing enhancements for individuals committing crimes that benefit an organized criminal group, criminal liability of legal entities, spatial wiretapping, use of an agent and cooperating witness. In this part especially, the author's aim is to evaluate the contemporary legislation, to present different opinions on mentioned topics and eventually, to...
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