National Repository of Grey Literature 37 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Negligent Obstruction of Duty of Public Official
Kohoutková, Iva ; Richter, Martin (advisor) ; Bohuslav, Lukáš (referee)
Negligent Obstruction of Duty of Public Official Abstract The thesis deals with the analysis of the facts of the criminal offence of negligent obstruction of duty of public official which is contained in Section 330 of the Criminal Code. The thesis also compares it with Polish and German legislation. The thesis aims to provide a comprehensive interpretation of the offence in question. It is divided into four parts. The first part deals with the historical development of the crime of negligent obstruction of duty of public official. It covers the development from the period of the First Republic to the legislation until 2009. The second part contains the analysis of the actual facts of the offence of negligent obstruction of duty of public official. This part is divided into two larger subchapters. The first deals with the interpretation of the basic elements of the offence. Here, one of each feature is subsequently discussed - the object of the offence, the objective aspect of the offence, the subject of the offence and the subjective aspect of the offence. The second subchapter is devoted to the analysis of the circumstances that condition the application of a higher criminal rate. The following section deals with a comparison with the Polish legislation. It first discusses the Polish criminal law in...
Copyright infringement using cyberspace
Součková, Kateřina ; Gřivna, Tomáš (advisor) ; Richter, Martin (referee)
5 Abstract Copyright infringement using cyberspace The topic of this diploma thesis is copyright infringement within cyberspace. The author aims to define the current approach to the liability of individual Internet users and Internet service providers for copyright infringement, especially in the context of criminal liability. In the introductory chapter, the thesis deals with the concept of cyberspace, its distinction from the Internet, and the development of law therein. The author then expands on the topic of development of the scope of law on the Internet in the following chapter, where she focuses on the applicable law for non-contractual obligations arising from Internet copyright infringement. The current approach to determining the international jurisdiction of courts is then outlined. The scope of criminal law in cyberspace is covered in the next chapter when the relevant provisions of the Cybercrime Convention are discussed. In the next part of the thesis, the author focuses on the crime of copyright infringement, the element of not insignificant interference according to the Czech Criminal Code, and cases of its fulfillment within the Internet network. Concerning the nature of the Internet, the copyright law, its subject matter, content, exceptions, and limitations are then defined. In the...
Intervention (the In-Person Presence) of the Public Prosecutor During Trial in the Czech Context
Žibřidová, Alena ; Drápal, Jakub (advisor) ; Richter, Martin (referee)
Intervention (the In-Person Presence) of the Public Prosecutor During Trial in the Czech Context Abstract The public prosecutor, although long over-looked by doctrinal and empirical research, is a vital element that guides the dynamics and the outcome of criminal proceedings. Nevertheless, prosecutorial intervention (the in-person presence) during trial has not yet been theoretically explored or empirically studied. Therefore, we do not know whether prosecutors approach this subject in a principled and consistent manner, with respect to its original purpose. Based on theoretical premises, I first analyse the elements that influence the role of the public prosecutor, and then I apply these to the Czech criminal justice system. I conclude that, regarding the conceptual role of the Czech prosecutor, which prosecutor attends the court hearing is significant. I then propose a theoretical framework, which reflects both the purpose of the institute of intervention and the specifics of the prosecutor's role during trial. In the empirical section of this master's thesis, I explore the practices adopted at district prosecutors' offices across the prosecution system. For this purpose, I develop four research questions that are directed both (i) at the level of the public prosecution service and (ii) at the practice...
The Role of Criminal History in Sentencing Theory and Practice
Košatka, Martin ; Richter, Martin (referee)
158 The Role of Criminal History in Sentencing Theory and Practice Abstract While criminal history enhancements are ubiquitous, they are also a theoretically problematic practice. The distinction between retributive and utilitarian punishment theory was introduced, while typical approaches within these theories of punishment were described and subjected to critical analysis. None of these approaches was found to offer a complete and workable sentencing system. The hybrid theory of limiting retributivism was presented and suggested as a realistic and pragmatic approach. The approaches to sentencing repeat offenders were considered and mutually confronted. Neither the retributive nor the utilitarian approaches were found to be sufficient justifications for broad criminal history enhancements. Enhanced culpability and limiting retributivist models of criminal history enhancements were found theoretically unconvincing but usable in practice as approaches ensuring proportionality. Almost no evidence was found for a coherent justification for enhanced punishment for repeat offenders in Czechia. The legal framework was assessed as too vague and imprecise regarding criminal history enhancements. Policy suggestions based on Roberts and Frase's hybrid model were offered to achieve clearer limits of the criminal...
WIRETAPPING AND RECORDING OF TELECOMMUNICATION TRAFFIC
Jiráček, Jan ; Gřivna, Tomáš (advisor) ; Richter, Martin (referee)
AB S T R A C T W I R E T A P P I N G A N D R E C O R D I N G O F T E L E C O M M U N I C A T I O N T R A F F I C The author of this thesis analyzes the legal institutes related to secret surveillance of communication or the correspondent data. Those institutes are not only wiretapping and recording of telecommunication traffic according to section 88 TrŘ and capture of data on telecommunication traffic according to section 88a TrŘ, but also acoustic surveillance of private premises and capture of e-mail communication, which are according to the current legal framework realized via section § 158d paragraph 3 TrŘ - surveillance of persons and items. The core of this thesis is the analysis of the aforementioned institutes and the corresponding case law, both Czech and the ECHR case law. The thesis also evaluates the practices of the Czech law enforcement authorities based on the case law of the Supreme court in the special proceeding to evaluate the legality of some of the aforementioned institutes, which is also described in this thesis. The thesis also analyzes the legal framework for the international cooperation in criminal matters, which (due to the globalization and its effect on telecommunications) grows in importance. One chapter is dedicated to the analysis of the most prominent case law regarding the...
Alternative punishments as institutes of criminal law in the Czech Republic, their meaning and use in praxis
Neužil, Zdeněk ; Bohuslav, Lukáš (advisor) ; Richter, Martin (referee)
Příloha k rigorózní práci "Abstract" Title: Alternative punishments in criminal law - purpose and use in praxis Topic: Criminal law Author: Mgr. Zdeněk Neužil Abstract This rigorous thesis deals with the topic of alternative punishments and their use within the penal system of criminal law. Alternative punishments are generally defined as punishments (criminal sanctions) that are alternatives to the custodial sentence (unconditional imprisonment) served in prison. The fundamental attribute of alternative punishments is therefore the fact that the application of alternative punishments does not involve the offender's removal from the society and their isolation in prison. The subject matter concerning alternative punishments within the domain of criminal law has garnered increasing significance in recent years. This surge in interest is attributed to the augmented focus on punitive measures, namely criminal sanctions, that do not necessitate immediate imprisonment. In fact, the main benefits of alternative punishments include the elimination of the negative effects related to imprisonment, the reduction of financial costs associated with imprisonment and supporting the use of prison capacities for offenders who commited the most serious crimes. The main objective of this rigorous thesis is to provide a...
Nemo tenetur se ipsum accusare principle
Ryger, Tomáš ; Vokoun, Rudolf (advisor) ; Richter, Martin (referee)
Principle nemo tenetur se ipsum accusare Abstract This thesis is devoted to the principle of nemo tenetur se ipsum accusare (the right against self-incrimination), one of the most important rights of the defense in criminal proceedings. This thesis provides a comprehensive view of the principle of nemo tenetur and its application in the Czech legal system, where special attention is paid to the interrogation of the accused and the witness. Thesis begins with an interpretation of the term "principle" in law and includes the principle of nemo tenetur as a basic principle of criminal proceedings, even though it is not explicitly listed in § 2 of the Criminal Code. The second chapter is devoted to the historical development of the nemo tenetur principle in ancient times and its subsequent development on the territory of the Czech state. In the next part of the thesis, international human rights treaties to which the Czech Republic is bound and which contain the principle of nemo tenetur are examined. Furthermore, the legal embedding of the principle of nemo tenetur in Czech national law, both at the constitutional and statutory level, including the new draft of the Criminal code, is discussed in this chapter. This is followed by a chapter devoted to the interrogation of the accused, where the limits between...
The role of public prosecutor in preparatory criminal proceedings
Křižková, Lucie ; Vokoun, Rudolf (advisor) ; Richter, Martin (referee)
The intended aim of this diploma thesis called The role of public prosecutor in preparatory criminal proceedings is try to remind but also more elucidate the importance and meaning of public prosecutor - in many cases underrated but in fact indispensable subject of criminal proceeding - both to scholarly and the general public. The emphasis is put on the role of public prosecutor in preparatory criminal proceedings. The juristic theory calls public prosecutor by Latin expression dominus litis - it means master of preliminary criminal proceedings. According to actual legislation, criminal proceedings are not conceivable without his participation. The indisputable benefit and decisive effect of public prosecutor for the result of preparatory criminal proceedings is demonstrated by the description of his activities and authorizations. The key role of public prosecutor particularly consists of the supervision over the observance of legality of activities of the police. The public prosecutor bears the responsibility for the result of pre-trial proceedings. The text tries to offer complex but still clear insight to forewarned issues as much as possible and also provides answers to occurring questions. The diploma thesis is divided into four parts - their order tries to reflect coherent continuity of the...
Organized Drug Crime
Ivanov, Nikita ; Gřivna, Tomáš (advisor) ; Richter, Martin (referee)
This thesis focuses on the issue of organized drug crime. In the introduction of the thesis the terms related to this type of crime are defined, namely organized criminal group and addictive substances according to the Criminal Code. Furthermore, the introduction discusses organized crime in terms of criminology and the historical development of organized crime in the Czech Republic. The main part of the thesis is already devoted to organized drug crime. This part first describes how the perpetrators of this type of crime are organized, as well as explains the ways in which drugs can be smuggled, including the history of drug trafficking in the Czech Republic and other parts of the world. A significant part of the work is devoted to the use of information technology for drug smuggling, especially the dark web. A very interesting section in relation to the use of technology is the laundering of the proceeds of crime through cryptocurrencies, which gives an insight into the ways in which this new practice is being implemented. At the end of the main section, the thesis will give an insight into the current drug situation, summarizing the current trends in drug supply. The third chapter is devoted to the fight against organised drug crime. It describes international and national measures aimed at...
Abuse of power by a public official
Vydra, Tomáš ; Richter, Martin (advisor) ; Vokoun, Rudolf (referee)
The diploma thesis focuses on a detailed analysis of the criminal offence of abuse of power by a public official. The thesis is divided into two continuous parts. The first part refers to the historical development of the offence of abuse of power by a public official and the process of formation of the concept of a public official on the territory of the Czech state since the second half of the nineteenth century. Within this framework, historical criminal laws are analysed, as well as unsuccessful attempts at codification of substantive criminal law from the period of the First Republic, which included this type of offence. Along with this genesis, the legal-historical context accompanying the formation of the researched offence and the public official is also described. The aim of the first part of the thesis is mainly to identify the specific conceptual features of the analysed institutes, which were gradually transposed into subsequent legal regulations and resulted in the construction of the currently valid and effective form of the offence of abuse of power by a public official. The second part, in direct continuity with the first part, analyses the current concept of the offence of abuse of power by a public official with the related conceptual features. In particular, the current...

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See also: similar author names
2 Richter, Marek
2 Richter, Michael
5 Richter, Michal
1 Richter, Miloslav
4 Richter, Miroslav
1 Richter, Mojmír
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