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Culpability in criminal law
Patrman, Aleš ; Pelc, Vladimír (advisor) ; Dvořák, Marek (referee)
Culpability in Criminal Law The subject of this diploma thesis is culpability in criminal law. One of fundamental principles of criminal law is the principle of nullum crimen sine dolus vel culpa. According to this principle, criminal liability for a criminal offence arises only if it was committed culpably. Culpability is an obligatory element of the subjective aspect of a criminal offence and can be described as a person's internal psychological relationship to the circumstances that give rise to the offence. The thesis itself is divided into seven chapters. In the first chapter, I focus generally on the conditions of criminal liability. In this chapter I also look at the subjective aspect of a criminal offence and its facultative elements, which include motive and purpose. In the second chapter I present the difference between fault and culpability, which is a broader term. The third chapter is aimed at the evolution of criminal law in the Czech Republic, with regard to the regulation of culpability. The chapter is divided into individual time periods, according to the adoption of individual penal codes. The fourth chapter focuses on the general concept of culpability. First, I look more closely at the principle of liability for fault. The remainder of the chapter is devoted to the individual...
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Indirect perpetration
Demel, Jakub ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Indirect perpetration Abstract The thesis undertakes the institute of indirect perpetration, the nature of which is the use of another person whose liability is limited or is not criminally liable for committing an offence. It is an indispensable part of criminal law; many perpetrators of a crime would escape with impunity without its existence. The thesis deals with the Czech regulation of indirect perpetration. It aims to describe this institution's valid and effective legal framework using specialized literature, specialized articles, commentary on the law, judgments, and other sources. The thesis is divided into four chapters (excluding the introduction and conclusion), which are then divided into subchapters and sections. The first chapter depicts the genesis of the institute, from the time when indirect perpetration had no legal basis in criminal codes up until current legislation. The second chapter deals with the issue of direct and indirect perpetration, first defining the conditions for the perpetrator's criminal liability, which are age, sanity, intellectual and moral maturity in the case of juveniles, and special characteristics, capacity, or status in the case of special subjects and specific subjects. The chapter then focuses on the legal regulation of indirect perpetration, the fundamental...
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The issue of a crime victim in criminology
Kováříková, Olga ; Pelc, Vladimír (advisor) ; Beranová, Andrea (referee)
This thesis aims to convey knowledge from various fields (victimology, law, psychology, criminology) to the general public and create a basic overview of situations and ensuing responses commonly experienced by crime victims. The emphasis is distinctly directed towards the psychological dimensions of victimization, offering insights into the emotional experiences of victims and their subsequent behavioral manifestations. The first part of the text focuses attention on defining victimology, its origin, the founders and other important personalities of this scientific field and the period of its greatest flourishing. It also traces the historical shift in the victim's role, which initially played a pivotal role in the investigation of criminal acts and the punishment of perpetrators. However, with societal development, the victim gradually lost its importance, and its role was limited to providing testimony. The second section delves into the concept of the victim of a crime, explaining victimization and exploring the typology of victims. At the same time, it describes in more detail specific groups of victims, such as children, the elderly and victims of domestic violence, and the peculiarities that distinguish them from ordinary victims. Additionally, it analyzes widespread myths about victims. The...
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Home search and search of other premises and locations
Paráčková, Monika ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
This doctoral thesis concerns itself with the search of one's home or search of other premises and locations by law enforcement. The objective is to provide an assessment of the current legal framework for such searches, both in terms of whether personal rights are being sufficiently protected and in terms of whether the framework is well-suited for practical application. Given the nature of home searches and searches of other premises and locations, i.e., more specifically, given how the performance of such searches may infringe upon personality rights, this thesis takes a rather detailed look at the proportionality between the interference with such rights, on the one hand, and the importance of conducting the home search for the respective criminal procedure, on the other. For this reason, an entire chapter is dedicated to the concepts of privacy protection, the inviolability of the home, and the right to be secure in one's home. The thesis analyzes in detail the legal framework for home searches and the search of other premises and locations under current Czech law, but also provides an overview of the historical legal development in our country, touching upon the various pieces of legislation which governed this criminal-law instrument in the past. Naturally, the thesis also devotes space to...
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Concepts and legal consequences of an excessive use of self-defence and necessity
Procházková, Lucie ; Vokoun, Rudolf (advisor) ; Pelc, Vladimír (referee)
The concept and legal consequences of excessive self-defense and necessity Abstract The presented master's thesis deals with the criminal law institutes of self-defense and necessity, especially their legal conditions and legal consequences associated with their violation. In the system of Czech criminal law, both institutes hold a place among the explicitly regulated circumstances excluding criminal liability. They are significant institutions that enable anyone to protect their legitimate interests or the legitimate interests of others, the state, or society as a whole when these interests are threatened by a certain danger, and the competent authorities are unable to ensure their proper protection. The fact that an act was committed in a situation of necessity or self-defense excludes the unlawfulness of such conduct and, consequently, the criminal punishment associated with it. However, for such conduct to be considered permissible and beneficial for society, it is essential that the conditions and limits stipulated by the criminal code for actions in necessity and self-defense are met. The aim of this work is to comprehensively analyze these individual conditions and limits, and subsequently define the concept and different types of excess in necessity and self-defense. The thesis also thoroughly...
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The issue of crime victim in criminology
Časarová, Dominika ; Pelc, Vladimír (advisor) ; Mulák, Jiří (referee)
The topic of the presented thesis is the issue of the victim of crime in criminology and its aim is to present a certain summary of current knowledge from criminal victimology, current legal regulation of victims' rights and also practical possibilities of assistance to victims. The first chapter addresses the scientific field of victimology and clarification of its relationship with criminology. This is followed by a brief overview of the development of victimology from its origins to its modern conception and the changing view of the victim over time. The second chapter then looks in more detail at the victim as such - the definition of the term, its characteristics, or the debunking of the myth of the 'ideal victim', which still largely persists in society and can have an undesirable effect on how victims are treated. The third chapter focuses on victimisation, the process by which an individual becomes a victim. In particular, the focus is on the victim's own behaviour, victimological culpability, and the victim-offender relationship, which is a key factor in terms of victimisation. The fourth chapter focuses on the legal regulation of victim protection in the Czech Republic. The chapter first discusses the distinction between the concept of 'victim' and the 'aggrieved party', which is a...
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Nemo tenetur se ipsum accusare principle
Machovský, Vojtěch ; Vokoun, Rudolf (advisor) ; Pelc, Vladimír (referee)
Nemo tenetur se ipsum accusare principle Abstract This thesis describes the principle of nemo tenetur se ipsum accusare in criminal law. One of the guiding principles of the criminal process in a modern democratic state, which is closely related to the right to a fair trial and one of the pillars on which the defense in criminal proceedings is built. This thesis focuses on historical development of this principle in our country and abroad, how the contemporary view of this principle in criminal proceedings gradually changed, both within continental law and anglo-american common law. Furthermore, the thesis describes the use of the principle of nemo tenetur in the current criminal process in Czech law and in the world, with a focus on guilty plea and plea deals. The first chapter contains the historical development of the principle in the continental system of law and in anglo-american common law, with the introduction of several important cases from the United States of America and their legal regulation, which in its essence was a prototype of the current concept of this principle. The second chapter contains an overwiev of how the principle is implemented in individual national and international legal systems. When part of this chapter is particularly devoted to the decisions made by the European Court of...
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The imposition of penalties on the concurrence of crimes and recidivism
Hrubá, Michaela ; Heranová, Simona (advisor) ; Pelc, Vladimír (referee)
The imposition of penalties on the concurrence of crimes and recidivism Abstract This final thesis deals with the imposition of penalties on the concurrence of crimes, recidivism and related quasi-recidivism. The aim of the thesis is to comprehensively analyse the current legal regulation on the basis of an analysis of the statutory regulation, the related case law and professional publications, and to supplement this analysis with the own considerations and de lege ferenda proposals of the author of this thesis. Furthermore, the Czech legal regulation is compared with the Italian legal regulation, which demonstrates a different approach to punishing concurrence and recidivism. The thesis has been written using the descriptive, analytical, synthetic and interpretative methods, especially linguistic and teleological interpretation. The comparative method was also used, in particular for comparing the Czech and Italian legal regulations. Structurally, the thesis is divided into four chapters. The first chapter of the thesis deals with the definition of the terms concurrence of crimes, recidivism, and also quasi-recidivism, while pointing out selected issues, which occur while distinguishing these forms of multiple offences. The second chapter of the thesis analyses the legal regulation regarding the...
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Participation in criminal law
Hledík, Filip ; Pelc, Vladimír (advisor) ; Heranová, Simona (referee)
Participation in criminal law Abstract The issue of participation in a criminal offence is one of the most complex and complicated institutes of substantive criminal law. The primary aim of this Diploma Thesis is to analyse the current legislation of participation in Czech criminal law. This analysis will then allow to focus on the strengths of the Czech legislation and at the same time to identify main deficiencies and problematic points and to explain the reasons of this deficiencies. The Diploma Thesis is internally structured into an Introduction, four parts and a Conclusion. Since the institute of participation in a criminal offence is very closely related to most areas of criminal law, the first part of the Diploma Thesis deals with the interpretation of the basic concepts of criminal law. Their correct understanding is a prerequisite for a correct understanding of the entire institution of participation. The second part of this Diploma Thesis focuses on institute of criminal cooperation in general and on individual forms of criminal cooperations, including participation in a broad sense and participation in narrow sense. It analyses the condition of criminal cooperation. It also analyses the different systems that the legislator may choose to regulate participation in criminal law - the monistic and...
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Assistance to Victims of Crime
Šedová, Jana ; Pelc, Vladimír (advisor) ; Vokoun, Rudolf (referee)
The thesis deals with the assistance to victims of crime and aims to provide a comprehensive view of the issue. The purpose of this thesis is to assess the level of assistance provided in relation to its legal anchoring and subsequent application practice. The content of the thesis consists of an introduction, six chapters and a conclusion. In the first chapter the thesis is devoted to the interpretation of basic concepts related to the issue of victims of crime. It defines the victim and describes its various categorisations, including the definition of a particularly vulnerable victim. The distinction between victim and an injured party is also clarified for better orientation in the following text. The second chapter then briefly describes the development of the victim's position and role in criminal proceedings from a historical perspective, and briefly describes the basic international regulation of victims' rights with a focus on European legislation in this area. To complete the explanation of the basic concepts and the historical and international context, the third chapter deals with the concept of the victim of crime from the perspective of criminology and victimology respectively. To introduce the reader to this area, a brief explanation of the concept of crime and crime prevention is...
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