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Culpability in criminal law
Dao, Bich Lien ; Pelc, Vladimír (advisor) ; Tejnská, Katarína (referee)
Culpability in criminal law Abstract The culpability is fundamental institute of the Czech criminal law, because it is mandatory attribute of the subjective aspect of the criminal offence. The culpability is necessary to fulfill any of the facts of the criminal offence as the fundamental principle of liability for fault, which implies that there is not a criminal offence without fault. This thesis deals with the culpability in criminal law and is divided into six chapters, including introduction and conclusion. The introduction is followed by the chapter about general introduction, namely the placement of the culpability in the facts of the criminal offence. In this section the differences between the fault and culpability are explained, and it deals in detail with the content of the culpability, which means the extent of the facts included by culpability. This chapter is also concerned with the intensity and degree of individual form of culpability known as degree of culpability. In addition to the above, this chapter includes also a section dedicated to the matter of proving the culpability in the criminal law. The next chapter summarizes the historical development of culpability. Starting with the Act on Crimes, Offences and Misdemeanors (1852), the Criminal Code od 1950, the Criminal Code of 1961 and...
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Special methods of evidence in criminal proceedings - confrontation, recognition, investigative experiment
Hanák, Milan ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
Special Methods of Evidence in Criminal Proceedings - Confrontation, Recognition, Investigative Experiment Abstract The thesis deals with special methods of evidence in criminal proceedings, which are confrontation, line-up, investigative experiment, investigative reconstruction and on-site clearance. These all methods are anchored in Czech Criminal Procedure Code. Introductory part of the thesis describes evolution of special methods of evidence in criminal proceedings and in criminology too. The author discusses differences between procedural action and forensic practice. The thesis also describes legal regulation of the issue in historical context. It focus on face to face confrontation, line-up and investigative experiment. Each part of the thesis contains introduction with definition, then particularities of subject matter, practical use and the most frequent problems in investigation. The parts named line-up and investigative experiment also include a selected case report of these methods of evidence in criminal proceedings. Part called Confrontation among the other things deals with principles of confrontation and participants of confrontation. This part also describes previous interrogation of confronted persons, documentation of confrontation, application of some provisions of the Criminal...
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Violation of law on taking of evidence in criminal procedure and its consequences
Hula, Ondřej ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
Violation of Regulations on Burden of Proof in Criminal Procedures and its Consequences This dissertation deals with the issues associated with violation of regulations on burden of proof in criminal procedures and its consequences. A great number of regulations stipulate burden of proof. The core of the regulation lies in the Criminal Code. However, another range of regulations can also be found in international contracts regarding human rights and the constitutional system of the Czech Republic since burden of proof concerns basic human and fundamental rights. In the present, the issue of burden of proof gains more attention due to the endeavour of legistators to adopt a new Criminal Code and due to some criminal procedures which appeared in the media and in which improper use of burden of proof caused illegality of the criminal procedure as a whole. Another fact that contributes to the topicality of this issue is that currently, defence in criminal procedures focuses especially on the utility of evidence collected during the preliminary procedure, where fomalistically applied regulations might lead to no punishment of the perpetrator. The main objective of this dissertation is to describe efficacious regulations and regulations on burden of proof in force as well as the consequences of violation...
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The crime of breach of regulations on rules of economic competition
Kadoun, Jindřich ; Pelc, Vladimír (advisor) ; Tejnská, Katarína (referee)
1 Abstract The crime of breach of regulations on rules of economic competition This thesis deals with the crime of breach of regulations on rules of economic competition under section 248 of the Criminal Code. This section consists of four separated crimes, where the author focuses only on the crime of unfair competition and the crime of conclusion of cartel agreement. In the first chapter the author concisely describes the historical background which is notable especially for legislation from period of the First Czechoslovak Republic. The author considers its significance mainly since the then Unfair Competition Act has been a source for the current provisions on unfair competition in the Civil Code. Moreover, the author intended to point out a very different rationale and approach to cartels under the then Act on Cartels in comparison with contemporary legal situation. After a general description of the elements of the crime in question in sense of systematic classification and introduction of its main issues the author presents two criminal law principles, i.e. subsidiarity of prosecution in criminal law and requirement of nullum crimen sine lege certa. The author examines both crimes in the light of these two principles throughout his whole thesis. In the third chapter the author inquires into legal...
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The consequences of the breach of evidence rules for the effectiveness of evidence
Maříková, Marie ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
This thesis deals with impacts on the applicability of evidence which results from violation of directives modifying the process of proofs of trial proceedings. The significance of proofs is crucial as by its means the reconstruction of the event of significance from the criminal law perspective is done. The condition for fulfillment of criminal trial proceedings purpose is a complete and proper determination of fact whereof there is just suspicion in the extent necessary for issue of decision. At the same time it is necessary that the set rules were followed for purveyance, locking, implementation and evaluation of evidence as these rules represents guarantee of just law trial proceedings as the one of fundamental attribute of democratic legally consistent state. This thesis is divided into four main parts and preface and conclusion. First part deals with definition of the term proofs in trial proceedings, its meaning and purpose. Moreover it deals with legal form of proofs including constitutional and international law way out. It contains also listing of fundamental terms and principles controlling process of proofs and division of evidence from different perspectives. In second part of this thesis, the issue of admissibility of evidence is processed with which acquisition and application was...
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The consequences of the breaching the rules on evidence for the effectiveness of evidence
Šabatková, Tereza ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
This diploma thesis deals with the ineffective evidence in the context of criminal procedure in the Czech Republic. The aim of this thesis is to provide a coherent interpretation on this topic, analyse current legal framework including its shortcomings and supplement the thesis with a sufficient number of applicable case law. The thesis is systematically divided into three main chapters. The first chapter is a short interpretation of key terms, principles of the law of evidence and fundamental sources of law related to the evidence. The second chapter is crucial for understanding this issue. This chapter is devoted to the evaluation of evidence from the point of view of their legality as well as the possibility of using such as evidence in criminal proceedings subject to the statutory rules on evidence. After a theoretical introduction on absolute and relative inefficiency of evidence, the legality of evidence is described in detail according to five different aspects, which determine legal boundaries of evidence. These five aspects are means of evidence, the subject of evidence, stage of proceedings, the subject-matter of evidence and taking of evidence. Part of this chapter is also dedicated to the issue of whether the inefficiency of evidence has an impact on evidence obtained as a result of...
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Defence of a legal entity during criminal proceedings
Juránková, Sandra ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
In comparison to physical persons, the defense of a legal entity during criminal proceedings is substantially hindered. The primary reason for these difficulties lies in the very nature of a legal person as a legal fiction. This study aims to provide a comprehensive overview of this topic. This thesis is systematically divided into six chapters. The first and the second chapter serve as a theoretical basis. The first chapter deals with the definition of the legal entity and the current regulation of legal entity in private law. This thesis mainly focuses on the analysis of the process aspects of the Act No. 418/2011 Coll., on criminal liability of legal persons and proceedings against them (hereinafter "ZTOPO"), entered into force on January 1, 2012 in the Czech Republic. At the same time, it is not possible to leave out the substantive aspects of criminal liability of legal entities. Therefore the second chapter deals with the legislation of the criminal liability according to ZTOPO. It deals mainly with the person who is the subject of criminal liability of legal persons, examines how to characterize the criminal liability according to ZTOPO, its structure and the scope of criminal liability. The third chapter introduces persons, who are authorized to act as a legal entity during criminal...
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Tax crimes
Voleš, Petr ; Pelc, Vladimír (advisor) ; Tejnská, Katarína (referee)
Tax crimes Abstract This thesis deals with the topic of tax crimes. Its goal is to analyze the current legislation regarding tax offences in the Czech Republic, that is both from a general perspective and from the perspective of specific types of tax crimes, and identify the weaknesses of the legislation. These weaknesses were found mostly in the rigid reaction of the legislator to legislative changes in the law, which causes these changes not to be reflected in the penal code. Some sections are dedicated to general topics about taxes and tax offences, such as the reporting of tax crimes and their preparation and attempt. Furthermore, sections of the penal code were interpreted with a focus on parts that might pose a problem during interpretation. Such problems are for example the extent of a committed tax fraud, the recent extension of the crime in Section 227 of the penal code to include duties during tax governance or the examination of the connections that the penal code has to tax legislation. The following part compared the Czech legislation regarding tax crimes to those in Slovakia and in Austria. Then it focuses on the examination of current problems in the field of tax crimes, mainly the principle of ne bis in idem, the principle of nemo tenetur se ipsum accusare and the problem connected to...
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Protection of a victim of a criminal offence
Horňák, Lukáš ; Tejnská, Katarína (advisor) ; Pelc, Vladimír (referee)
This diploma thesis deals with the issue of protection of victims of crime. In the first chapter, by using the findings from the field of victimology, it describes victim as a phenomenon and also the process of victimisation while focusing on its causes and the negative impact it may have on victims. The author also summarizes the recent findings regarding the victims' needs. Lastly, some of the most common misconceptions about victims and their impact on the perception of victims are explained. The second chapter addresses the victim from the viewpoint of the law. Firstly, it examines the role which the EU plays in enhancing the standing of victims in the criminal procedure and also outside of it. Secondly, it examines the Act on victims of crime adopted in the Czech Republic. The Act on victims of crime and the particular rights of victims which are provided for in the Act are analysed in the second chapter with the use of the current findings in the field of victimology. The author also explains the main critiques of the Act such as the counter-productive wording of the right to receive information or a threat of corroding the criminal procedure as a whole. On the other hand, the benefits of the Act are also pointed out, such as reducing the threat of a secondary victimisation of victims, which...
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Terrorism and its criminal aspects
Kořínek, Štěpán ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
Resume The title of this rigorous thesis is Terrorism and its Criminal Aspects. The thesis is divided into four chapters, whereupon each chapter is telling about the phenomenon of terrorism in a different way. The first chapter focuses on the basis of terrorism and theoretical definitions of terrorism. It also contains historical views on universal theoretically doctrinal definitions of terrorism. It follows the components of the definitions of terrorism and its causes and consequences. This part also contains the classification of terrorism called typology. The second chapter will discuss the codification of terrorism in the field of criminal law in Czech Republic and Slovak Republic. There is an analysis of valid and efficient Czech and Slovak criminal codex, which contains a crime ,,teroristický útok'' and ,,terorizmus''. It also presents other criminal activities like cybercrime, economic crime, and violent crime. Especially cybercrime, also known as cyber criminality, entails a novum in criminal jurisprudence. Next part of this chapter is focused on selected instruments of criminal law to fight against terrorism like European arrest warrant, terrorist custody, European evidence order and others. Of course, it was unimaginable, hence impossible, to forget a sphere of international law and its relation...
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