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Conditional sentence of imprisonment
Trčková, Michaela ; Tejnská, Katarína (advisor) ; Heranová, Simona (referee)
The rigorous thesis is focused on the analysis of the subject of conditional sentencing legislation, which represents the pillar of punishing offenders. Conditional sentencing is the most used punishment to date. It is indisputable that conditional sentencing will continue to be used in years to come. The aim of this rigorous thesis is to evaluate effective legal regulation, which also significantly evolves in the time of writing of the thesis. The amendment declares the irreplaceable role of this punishment, although the basis of the conditional sentence is unchangeable. Another aim is connection of theory and practice and to detect difficulties of legal regulation. In the introduction, the author deals with the evolution of conditional sentencing, but the main components are within chapters three and four which are dedicated to conditional sentencing and conditional sentencing with supervision. In these chapters, the author pulls examples from her experience from practice within the system, to demonstrate the faults within the legal regulation. For example, the question of summoning the convicted person to a public hearing, the delivery of ruling, the perception of a proper life, the probation period, the running of a probationary period during the imprisonment and the frequency of consultations...
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Summary Preliminary Proceedings
Doleček, Tomáš ; Tejnská, Katarína (advisor) ; Šelleng, Dalibor (referee)
Preliminary Proceedings Abstract in English The diploma thesis deals with the topic of Summary Preliminary Proceedings, which is one of the most important institutes in terms of accelerate the criminal proceedings. It is one of the three forms of preliminary proceedings, the essence of which is to enable simplification of the process for the least serious crime, so that the perpetrator of such a crime can be convicted and punished as quickly as possible. This is not only in order to make the proceedings more efficient in economic terms, but also to ensure that it has the greatest possible impact in terms of individual and general prevention. The aim of this thesis is not to discuss the above mentioned institute only in isolation, but also in its broader context. It therefore presents its characteristics, historical context, the problems associated with the proceedings, including a solution proposal, as well as a more detailed analysis of the planned modification. In addition, the thesis also presents the subsequent special Proceedings before a Single Judge, which, together with the Summary Preliminary Proceedings, form a kind of accelerated form of the entire criminal proceedings. The thesis is also structured in this respect. It consists of four chapters, firstly presenting the preliminary stage of...
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Criminal law regulation of public procurement
Mikula, Tomáš ; Tejnská, Katarína (referee)
1 CRIMINAL LAW REGULATION OF PUBLIC PROCUREMENT ABSTRACT The Objective of this rigorous work is primarily to present the basic features of criminal activities related to public procurement, to analyse the offences that are either directly related to the award of public contracts or to which the Commission may The context of public procurement and, last but not least, the analysis of certain specific means of proof in the case of such offences. The Rigorous work is thematically divided into seven chapters and possibly other subchapters. The Subject of the first chapter (Generally for public procurement) is an analysis of the issue of public procurement, the definition of the concept of public procurement, the outline of the basic principles of procurement, the definition of the concept of contracting authority and Supplier and not least an analysis of the types of procurement procedures and their comparison in the framework of the former Public Procurement Act and the current Public Procurement Act. The Subject of the second chapter (Generally for criminal regulation of public procurement) is to outline the criminal law basis for the following chapters; Therefore, the introduction of offences directly related to the award of public contracts, offences which may arise in connection with the award of public...
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Conditional sentence
Klabouch, Martin ; Tejnská, Katarína (advisor) ; Šelleng, Dalibor (referee)
Conditional sentence Abstract The thesis focuses on the analysis of selected problems related to conditional sentence. Even though the conditional sentence is for many people a traditional, boring and unmodern institute, it is paradoxically still the most frequently imposed punishment. However, despite more than a century of tradition, we cannot speak of its flawless content and smooth imposition practice. How to deal with the accumulation of conditional sentences? It is evident from an analysis of the current knowledge on the various partial problems of this unsatisfactory practice that this is the most pressing problem concerning suspended sentences. Through the presented proposals, it is possible to mitigate its impact, both in the imposition of sentences by the trial court and in the conversion of conditional sentences, but only a comprehensive revision of all the related institutes will ensure a truly fair and tailored sentence for each offender. However, is the legal regulation of this punishment so perfect that it deserves such a status? From a brief analysis of the current applicable legislation, a critical reflection on some of the problematic aspects and a confrontation with statistical data, it is clear that the current position is not based on the flawlessness of the character and content of the...
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Criminal Law Instruments Against Organized Crime
Ráliš, Petr ; Tejnská, Katarína (advisor) ; Bohuslav, Lukáš (referee)
This thesis is dedicated to the introduction of criminal law instruments for the fight against organized crime and their current legal regulation in the criminal law of the Czech Republic. The introductory part of the thesis is focused on briefly introducing some criminological definitions of organized crime, its definitions in selected international documents and last but not least, the definition of the organized criminal group in Czech criminal law. The second part is devoted to the legal instruments against organized crime regulated by substantive criminal law, namely the offence of participation in an organized criminal group and the issue of punishing the perpetrator of an offence committed for the benefit of an organized criminal group. The third part of the thesis describes the instruments against organized crime regulated by the criminal procedural law. First, considerable attention is paid to the interception and recording of telecommunication and the so-called "spatial interception" and the problem of its missing legal regulation in the Czech criminal law, followed by a chapter dealing with the procedural admissibility of interception as evidence in criminal proceedings. The next chapter is dedicated to operational investigative actions (i.e. pretended transfer, surveillance of persons...
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Military Police in preliminary proceeding - regulation in legislation and bylaws
Malý, Václav ; Vokoun, Rudolf (advisor) ; Tejnská, Katarína (referee)
Military Police in preliminary proceeding - regulation in legislation and bylaws Abstract The Military Police is a significant and specific police body. Recent statutory amendments have substantially bolstered the function of the Military Police in criminal proceeding. The significance of the Military Police is raised as well thanks to increased investments in the Armed Forces and overall in the Ministry of Defense. There is a lack of theses or specialist reports concerning the legal status of the Military Police in criminal proceeding. The main source of information concerning the legal status of the Military Police in the before- court phase of criminal proceeding or preliminary proceeding is the legislation; particularly an analysis of the Criminal Code and the Military Police Act. However, such information is not complete. Information concerning application of the legislation may be gained by analysis of the Military Police bylaws and by the comparison of legislation and bylaws. The Military Police bylaws had not been analyzed in a thesis until now. Thus, this thesis brings a unique view into the functioning and operation of this police body. The goals of this thesis are as follows: The main goal is to provide a complete overview regarding the legal status of the Military Police. That means to describe...
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The imposition of penalties on the concurrence of criminal offenses
Voldřich, Tomáš ; Tejnská, Katarína (referee)
The imposition of penalties on the concurrence of criminal offenses Abstract This work deals with the issue of punishing the concurence of criminal offenses. In its introduction, the most important criminal law institutes are briefly analyzed, knowledge of which is a prerequisite for a proper understanding of the following chapters. This defines the concepts of concurrence of crimes, recidivism and the continuation of a criminal offense. Similarly, the general issues of sentencing are outlined. The very core of the thesis is devoted to the gradual analysis of the individual aspects of penalisation of concurrent criminal offenses, together with the questions of combining with other special cases of punishment, especially with the punishment of the continuation of the crime. In addition, some procedural issues and selected special cases are dealt with, consisting of the subject's specialty, the consequences of a misappropriation of the punishment, and finally the question of punishment for the crime of drunkenness. The thesis is supplemented by an international comparison of the issues studied with common law countries. The main aim of the work is to create a complex processing of the topic, which would allow its possible practical application. In addition to the conclusions of the doctrine, the work puts a...
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Criminal Liability of Legal Entities and Compliance Program
Bureš, Richard ; Bohuslav, Lukáš (advisor) ; Tejnská, Katarína (referee)
The author of this thesis discusses the subject of criminal liability of legal persons and focuses primarily on the analysis of the most important substantive provisions of the Act. No. 418/2011 coll., which describe criminal liability of legal entities and proceedings against them (hereinafter ZTOPO) and entered into force on 1st January 2012. This act is still well- discussed and current even after 6 years of being in force, which can be seen by the number of amendments done to it since it became effective. This thesis aims to offer a comprehensive overview of the issue of criminal liability of legal persons and at the same time tries to capture the most important changes that have been made due to these 9 amendments. The thesis is divided into five parts. In the first part, the author deals with the historical background of criminal liability of legal persons. This part also contains path to the adoption of ZTOPO. The second and the third parts are the core of this paper. In the second part, the author analyses the imputability and the structure of criminal liability of legal entities in the Czech Republic. One part of this section is dedicated to the scope of criminalization of legal entities. The third part of the thesis deals with the possibility of legal entity to be exculpated through the...
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Mediation in Criminal Matters
Bíglová, Ilona ; Tejnská, Katarína (advisor) ; Pelc, Vladimír (referee)
MEDIATION IN CRIMINAL MATTERS Abstract The subject of this thesis is mediation between the victim and the offender and its setting in the framework of criminal proceedings. Mediation in criminal matters is one of the programs of restorative justice, which emphasizes meeting the needs of the victim and holding the offender accountable for the consequences caused by the crime. It also involves other affected persons and the relevant community in the consideration of the solution. Mediation is a voluntary and confidential alternative dispute resolution of the conflict and consequences of a crime between the offender and the victim with the participation of an impartial third party mediator. The thesis elaborates the legal regulation of mediation in criminal cases, which falls under the competence of the Probation and Mediation Service. In criminal proceedings mediation is most often used in the context of special procedures, the so-called diversion, especially in the case of conditional suspension of criminal prosecution, settlement and, additionally withdrawal from criminal prosecution in the case of a juvenile offender. The thesis deals with criminal mediation from the practical point of view and presents its process from the moment of evaluation of cases suitable for mediation by the Probation and Mediation...
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The Role of the Public Prosecutor in Criminal Proceedings
Novotná, Petra ; Tejnská, Katarína (advisor) ; Šelleng, Dalibor (referee)
The Role of the Public Prosecutor in Criminal Proceedings The diploma thesis deals with the role of the public prosecutor in criminal proceedings. The public prosecutor has an irreplaceable role in criminal proceedings, and he has statutory powers in all stages of criminal proceedings. The aim of this thesis is to provide an overview of the activities of the public prosecutor in criminal proceedings and to make an analysis of two selected areas. This thesis consists of five parts, which are further divided into chapters. The first part deals with the historical development of public prosecution in our territory between 1918 and 1993. It provides a brief overview of the fundamental change that public prosecution has undergone in this period. The second part is dedicated to the general characteristics of the Public Prosecutor's Office. The first chapter focuses on the constitutional definition of the Public Prosecutor's Office. The next chapter deals with the description of the Public Prosecutor's Office and the method of filling the position of the public prosecutor, part of the chapter describes the issue of supervision within the Public Prosecutor's Office. The last chapter provides an overview of the public prosecutor's powers outside the area of criminal proceedings. The third part focuses on...
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