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Criminal act of stalking and it's investigation
Poborský, Josef ; Krupička, Jiří (advisor) ; Heranová, Simona (referee)
Thesis title: Criminal offense and investigation of stalking Abstract The presented rigorous thesis analyses a criminal offense of stalking in §354 provision and selected investigation issues of this type of criminal activity. This work consists of an introduction, four main chapters, and a summary. The first chapter defines the concept of stalking and its genesis. Then, the particular signs of stalking and basic views on the classification of the perpetrators are described. The case interpretation of some real cases of stalking follows. The second chapter is focused on the criminal offense of stalking. Firstly, from the point of view of its adoption in the legal order of the Czech Republic and its position in the system of the Criminal Code of the Czech republic. Subsequently, the individual features of facts of the case of stalking are subjected to examination with their summarizing analysis, and their positives and negatives are specified, followed by the proposal to amend the material provision. Chapter two is also addressing the relation to other criminal offenses and misdemeanors against civil cohabitation. The third chapter focuses on the comparison of a criminal offense of stalking and selected foreign legislation. In this matter, the legislation of California, Austria, and Germany was selected....
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Use of firearm for the necessity defense
Poborský, Josef ; Krupička, Jiří (advisor) ; Konrád, Zdeněk (referee)
Use of firearm for the necessity defense This thesis is focused on conditions when a gun can be used for necessity defense under the current Czech legislation. The work is divided into five chapters. In the first chapter a gun legislation that allows citizens of Czech Republic to obtain and keep firearms is briefly mentioned with emphasis on the definition of firearm and overall description of conditions to obtain, carry and use it according to the gun legislation. The second chapter presents a general introduction into problems of circumstances that excludes the illegality. An institute of extreme emergency, a justification of gun use and so called civil detention are there more specified. The third chapter includes a detailed analysis of general characteristics of the necessity defense. This chapter further describes the issues of excess and fail in the necessity defense and some changes in legislation that were proposed in the past. The main part is the chapter four, which is focusing on use of firearms for the necessity defense itself. In the beginning of this chapter the characteristics of firearm use as a mean of ultima ratio defense are defined, with a brief excursion into firearm injuries, followed by the analysis of judicature that relates to the situation of gun use for necessity defense....
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