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Human line-up in criminal proceedings
Dvořák, Marek ; Pelc, Vladimír (advisor) ; Heranová, Simona (referee)
The submitted diploma thesis deals with one of the special methods of the taking of evidence in criminal proceedings known as human recognition or line up. This method is specified in the current legal regulation of section 104b, Act No. 141/1961 Coll., Criminal Procedure Code. Particular attention is paid to the general definition of human recognition "in natura". However, some less common ways of execution of this method are also mentioned, such as blank line up occurring in some foreign jurisdictions (especially in Poland). Further attention is then focused on possible significant defects during the process of recognition with its legal consequences. The whole issue is even more complicated when we take into account that recognition as a criminal method is essentially unrepeatable. The thesis analyses foreign researches carried out in some countries, especially in the United States of America. Attention is then focused also on legal regulation of line-up (parade) in England and Wales, because these countries use one of the most modern methods in the world, such as video parade or CCTV. The question of the obligation to passively pass the recognition is also mentioned. Legislation does not deal with many of important questions and details so it's necessary to build on case law and opinions of criminal law...
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Criminal aspects of infringement of Intellectual Property Rights
Tkáčová, Romana ; Bohuslav, Lukáš (advisor) ; Pelc, Vladimír (referee)
Criminal aspects of infringement of Intellectual Property Rights Intellectual property directly relates to the development of society and economy. Higher level of legal protection provided by the State affects the creation of intellectual property objects, since creators are motivated to create in legal environment which provides them with adequate means of rights protection. This thesis lays down an analysis of the means of the Intellectual Property Rights protection in order to determine their level of the protection in the Czech Republic. The author compares civil, administrative and criminal means of protection of copyright and related rights, and industrial rights, and draws attention to their advantages and disadvantages, to gaps and inconsistencies in law, and in appropriate places inserts suggestions de lege ferenda. The thesis addresses not only individuals but also with legal entities, which are also able to infringe protected rights. The thesis concentrates on criminal aspects of Intellectual Property Rights infringement and this issue is therefore the major part of the thesis. Since the criminal law is the most stringent means in the hands of the state, the author explores its role in protecting Intellectual Property Rights. The thesis addresses in detail four crimes against industrial...
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Special Methods of Evidence in Criminal Proceedings Focused on the Lineups of Suspect
Sypták, Dalimil ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
The goal of this thesis is to take a closer look at the special methods of gathering evidence which have become a part of the Criminal Procedure Code. In the past, these acts were considered as a special form of interrogation or examination. Firstly, the thesis deals with the historical development of the search for truth which was from time immemorial associated with perpetrator's confession as an indisputable proof of guilt. Specification of related terms both from the area of criminalistics and criminal law will follow. The next part will be devoted to the relation between criminalistics and special methods of gathering evidence, especially in the elimination of contradictions in the obtained evidence. In order to understand better memory limit options by recalling the backward image of perceived reality we will mention the mechanism of memory imprints origin.Part four analyses the general principles of these acts and in the fifth part we go through some special methods of gathering evidence. In the sixth, penultimate chapter, we discuss the recognition in detail as a special way of identifying the object. In the final part we will deal with the consequences of defects in the process and try to solve some problems in order to result in proposals de lege ferenda.
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Restorative Justice and Alternative Dispute Resolution in Criminal Matters focused on the Victim-offender Mediation
Dleštíková, Tereza ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
Abstact The thesis studies a theoretic concept of Restorative Justice which 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. Furthermore the thesis analyzes the diversions from prosecution as alternatives to the traditional criminal procedure with special focus on those which are not just another type of procedure, but on those which are based on the restorative justice principles emphasizing besides other things the victim's interests, needs and rights, especially the victim's satisfaction both material and moral, avoiding the perpetrator's stigmatization, supporting his resocialization and preventing recidivism, and in general emphasizing the conflict reconciliation. The following theme of the thesis is a mediation process, its basic principles and the role of the mediator in that process. Regarding the general aspect of mediation the thesis deals with the victim offender mediation as a principal model of Restorative Justice. In the field of comparative law the thesis presents the Peruvian criminal procedure and the procedural alternatives and diversions offering the idea of the private prosecution as an inspiration for the Czech legislation. The thesis shows a really positive evaluation of the crime resolution...
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The issue of omission offences of the criminal law
Havláková, Jana ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
This thesis deals with the issue of offences of omission within the criminal law. The existence of criminal liability for a lawless act obviously seems to be a reality. To be able to understand the lawless act consequence it is necessary to understand omission which is one of forms of the act an offender may commit. The first chapter is an introductioction. The second chapter shows the historical glance at the development of offence of omission. The third chapter, the most extensive, is dedicated to the current legal regulation of offences of omission found in Act No. 40/2009 Coll., the Criminal Code. The fourth chapter of this work provides comparing legal regulations of offences of omission in Great Britain and Germany and Czech version. The fifth chapter discusses the considerations de lege ferenda and the last chapter six is the conclusion.
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Crimes related to substance abuse
Abu Dayeh, Christián ; Heranová, Simona (referee) ; Pelc, Vladimír (referee)
Crimes related to substance abuse Criminal offences related to substance abuse are still a highly topical issue having serious social, health-related, financial and security impacts on the whole society. Since the subject is very broad, I decided to focus on substantive law of so-called drug-related crimes. The thesis is divided into eight sections. In the first one I define the basic terms that are frequently used in the thesis and whose definition is crucial for understanding the text as a whole. Second section contains historical background of the current legal form of drug- related crimes in the Czech Republic, while also some international legal rules are included as they influenced local legal development as well as many legal obligations result from them for the Czech Republic until the present. Third section covers current legislation; it contains a common introduction for individual elements of the drug-related offences as well as a broader context within the Penal Code, and it also mentions certain non-penal legislation that is closely connected to this topic. Substance of this thesis is in sections 4 - 8 describing individual elements of the drug offences. In each section there is also some part devoted to analyzing current issues. In the fourth section I deal with an act of cannabis...
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The Crime of Money Laundering
Pelc, Vladimír ; Jelínek, Jiří (advisor) ; Sváček, Jan (referee) ; Ivor, Jaroslav (referee)
The dissertation thesis thoroughly examines the crime of legalization of proceeds of criminal activities (the crime of money laundering) as it is stipulated in the contemporary Czech Criminal Code. The crux of the thesis is an analysis of the most significant elements of the crime of money laundering that are legal objects (general values protected by criminal law), actus reus (physical elements of a crime), mens rea (mental elements of a crime) and offender (person who commits a crime). Within the framework of that analysis, all of the important and disputed questions relating to this crime are examined, e.g. a complex problem of legal objects of the crime of money laundering or a question of liability for so-called self-money laundering. The detailed analysis of the elements of the crime of money laundering is based on a research into the most important phenomenological aspects of money laundering (chiefly the grounds for money laundering, origin of money laundering and nature of the process of money laundering, including the means of realization of money laundering) and a research into the historical development of the elements of the crime of money laundering in the Czech legal order. Apart from an analysis of the matter of guilt, the dissertation thesis also consists of a relatively in-depth...
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House Arrest Punishment, Its Execution and Control
Pavlíková, Terezie ; Tlapák Navrátilová, Jana (advisor) ; Pelc, Vladimír (referee)
HOUSE ARREST, ITS EXECUTION AND CONROL The thesis gives a comprehensive overview of the institute of home detention as a new sanction incorporated into the penal system with effect from 1 January 2010. It considers certain theoretical issues regarding alternative punishments, investigates the phenomenon of alternative punishments and places home detention in its context. It aims to clarify the function of home detention as an alternative punishment, to analyse its legal status, to asses critically its practical application and to put forward some ways of addressing the problematic aspects de lege ferenda. The thesis also explains the specifics of the imposition of this sanction on young offenders. The author analyses the role of the Probation and Mediation Service in relation to home detention and cites examples of foreign experiences with this punishment from the Netherlands, Slovakia, and the United Kingdom, which constitute a source of inspiration. Special attention is paid to very topical questions regarding electronic monitoring during home detention, the introduction of electronic monitoring in the Czech Republic, its setbacks and current developments. The thesis answers the question whether the imposition of home detention is likely to reduce the numbers of people in prisons. In...
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Criminal liability of corporations in selected countries of the European union
Slobodník, Martin ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
The author of the propounded thesis is dealing with a controversial issue of criminal liability of legal entities in various countries of Central Europe, i.e. the Federal Republic of Germany, the Republic of Austria, the Slovak Republic, the Republic of Poland and attention is dedicated to their comparison with each other or with the relevant legal provisions of the Czech Republic. The criminal liability of legal persons is not perceived by the experts of criminal law as mere complement of the criminal liability of individuals, but as an equal branch of penal responsibility side by side with the liability of natural persons. For this reason, the author deems its closer examination to be beneficial. This work refers to legislative activities in the Czech Republic, but also in the Slovak Republic and the Federal Republic of Germany, which clearly show that the legislation of these countries is constantly evolving and that their legislators are still looking for the optimal embedding of effective sanctioning of legal entities, including the related penal institutes. In the introduction, the author points out the common international and European obligations of particular researched countries and also provides evaluation of the implementation of commitments by member states to the European Union or to...
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Participation in Criminal Law
Pelc, Vladimír ; Jelínek, Jiří (advisor) ; Říha, Jiří (referee)
1 Abstract The submitted rigorous thesis comprehensively deals with the institute of participation in the offense in Czech criminal law (hereinafter referred as "complicity"). The thesis particularly focuses on de lege lata interpretation of the complicity, i.e. on existing legislation, Act. No. 40/2009 Coll., Criminal Code. The text contains numerous proposals de lege ferenda, which results from the critical approach to current regulation of the complicity in Czech legal system. The participation is a traditional and complicated topic of the criminal law doctrine. The issue of criminal liability for participation in the offense is one of the most complicated issues of criminal law theory and practice. The complexity of problem stems primarily from the fact, that the institute of complicity prohibits a conduct, which is not ordinarily directly fulfilling the basic elements of the crime offense. Therefore it is necessary to derive the actions of an accomplice from the actions of an offender, who always (at least partially) fulfils those basic elements of the crime. We can also say that similarly, depending on the different systems of complicity, the criminal liability of accomplice is more or less based on the criminal liability of offender. The work is divided into seven chapters, which are further...
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