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The issues of pre-trial detention in criminal procedure
Klimešová, Barbora ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
- The issue of pre-trial detention in criminal procedure The topic of this diploma thesis is the issue of pre-trial detention in criminal procedure. The institute can be described as a securing institute of criminal procedural law that significantly affects the right to personal freedom of the individual, which conflicts with other human rights. In light of these violations of fundamental rights, it is not surprising that the institute is often discussed and is thus a sensitive topic. It is therefore often the subject of disputes, which are held in front of the Constitutional Court of the Czech Republic and other international courts. This thesis is divided into six chapters, wherein, the first part deals with the description of the institute of pre-trial detention itself, and discusses the principles that are related to it. The second chapter briefly describes the historical development of the institute of pre-trial detention on the territory of the Czech Republic since 1961, when the new Criminal Procedure Code was adopted. It emphasises the amendments No. 265/2001 Coll., and No. 459/2011 Coll., which both brought a significant change in the legal system of pre-trial detention. The third chapter focuses on the existing legislation based on case law in the Czech Republic and international courts....
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Crime of fraud, credit, loan and subsidy fraud under section 209-212 of the Criminal Code
Tauber, Jiří ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
(Summary) The main goal of this Master's degree thesis is to thoroughly describe the components of four criminal offences - fraud, insurence fraud, credit fraud and grant fraud pursuant to sections 209, 210, 211 and 212 of Criminal Code, No. 40/2009 Coll. These four criminal offences are classified as crimes against property. This Master's degree thesis deals with constituent elements of the above mentioned criminal offences. The author was focusing predominantly on the actus reus, mens rea, physical and mental elements of these criminal offences. But the thesis isn't confined only to mere description of those elements. The author is also analyzing and describing some of the most important and significant judicial desicions, which relate to this topic. The majority of these judicial decisions was made by the Supreme Court of the Czech republic. In this thesis, the author also deals with the possibility of simultaneity of above mentioned crimes with some of the selected crimes. In the chapter dealing with insurance fraud there is a subchapter which briefly characterizes the main instruments which are used by insurance companies in order to prevent perpetration of insurance fraud. These instruments are very diverese and various - for example, insurance companies are usually using special fraud...
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The crimes of fraud, insurance fraud, credit fraud and subsidy fraud as regulated by sections 209 to 212 of Penal Code
Boháček, Patrick ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
This thesis complexly describes the crimes of fraud, insurance fraud, credit fraud and subsidy fraud as regulated by sections 209 to 212 of Act No. 40/2009 Coll. Penal Code. First the historical development of these crimes is described, both from the view of legislation and criminology. Further, the sources of the legislative regulation of these crimes are defined. Since fraud belongs in the category of property crimes, these are also discussed collectivelly, with emphasis on the individual common elements of the above-mentioned crimes. The above-mentioned crimes are each individually described with respect to their individual elements including the description of eventual problematic elements of the current legislation. In case of the special elements of these crimes the legislation regarding the respective contractual obligations is described. In addition to the above-described exposition a comparison with the crime of Act detrimental to the financial interests of the European Union is included. In the conclusion the current legislation is evaluated positively with the exception of the admonition regarding the casuictic legislative regulation of the special merits of these crimes including the question of sustainability of the current legislative state with respect to the technological and...
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Participation
Slavíková, Lucie ; Říha, Jiří (advisor) ; Vokoun, Rudolf (referee)
Participation Abstract The submitted thesis analyzes the institute of participation in the broader sense in Czech criminal law, thus except for participation in the narrower sense it focuses also on complicity. Participation is one of the most complicated topics of the general part of the criminal law while being currently one of the most relevant topics, since the number of criminal offences committed in cooperation is increasing. The purpose of the thesis is to critically evaluate current legal regulation of participation in the Czech Criminal Code and to suggest possible solutions to some of the identified drawbacks. This goal should be fulfilled not only by the analysis of Czech expert literature and case law, but also by the comparison with French and Belgian legal regulations of participation and by the analysis of relevant French and Belgian expert literature and case law. Except for the introductory part and the conclusion the thesis is composed of four chapters, which are further divided. The first chapter focuses firstly on a criminal participation of more persons in the commission of criminal offences in general and the possibilities of their punishment. In this context the system of plurality of criminal offences and the system of unity of a criminal offence (also known as the dualistic and...
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Problematics of liability for criminal acts under influence of addictive substances
Puš, Vojtěch ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The subject of this thesis presents the problematics of criminal conduct in the state of intoxication with the main focus on habitual drunkenness under s. 360 of Act. No. 40/2009 Coll., Criminal Code. Subject of the thesis contains multiple theoretic views, historical evolution in the formal Czech lands, Czechoslovakia and Czech Republic. The crime of habitual drunkenness is considered to be an extraordinary crime due to its character and legal construction. This crime does not have an analogy in the respect of a criminal code and in a certain view breaks through the fundamental principle of modern criminal law nullum crimen sine culpa, which is the liability for fault. The atypical nature of this crime is represented by its specific legal construction, the requirements of the theoretical principles and demands in which lies the criminal law in modern state of law and last but not least the problem of escalating consumption of addictive substances. All of these attributes are the subject of this thesis. The thesis is divided into nine chapters. For easier orientation in the text, chapters are divided into multiple sub-sections. First chapter includes the basic terms such as insanity and mental illness, which are crucial to the crime of habitual drunkenness. Second chapter views historical evolution...
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Issues of necessary defense in jurisprudence
Smetana, Jan ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
1 Abstract This diploma thesis deals mainly with the issue of necessary defense in Czech law focusing on some of the disputable queries brought by its application and interpretation. The primary fixation of this thesis is on the judiciary decisions, however, the work deals with the theoretical foundations and resources of the necessary defense. The aim of this work is to introduce the matter of necessary defense, to highlight the disputable queries appearing when applied and analyze their solution. This work is divided into six chapters. First chapter names and explains particular excuse defenses. Second chapter deals with the term of necessary defense, its development and valid legislation regarding it. Third chapter brings the analysis of the self-defense itself in consideration of judiciary decisions and expert literature and examines legal conditions of its application. The chapter is furtherly divided into 3 subheads. Subhead 3.1 explains the attack, subhead 3.2 approaches the interests protected by the Penal Code and subhead 3.3 deals with the apparently unreasonable defense. Excesses from the necessary defense are described in fourth chapter. Fifth chapter deals with so called putative defense in the judiciary decisions. The last, sixth chapter focuses on the automatic defense mechanisms and defense...
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A Company as the injured party in criminal procedure
Kučera, Milan ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
There are two main thesis to the work "A Company as the injured party in criminal procedure": (i) civil law recodification, in the context of company actions or actions made on behalf of a company, represents a positive change for the injured party when submitting a proposition for the court to impose a duty to compensate the damage in its sentencing judgment and as well determinates a limitation period, (ii) the process of assigning or withdrawing a status of the injured party is not described accordingly in the contemporary procedure act, especially regarding the exact form needed for this decision. These issues are closely tied to the types of damage applicable in a criminal procedure, injured party categories and to the details of submitting the compensation duty motion. A comparison of different company actions before and after recodification implies that there is a possibility of approbating the juridicial act of legal proceedings of a company that are invalid due to the company's procedure errors. Determining a limitation period by the day of the original motion stays unimpaired. Repeating the legal procedure and putting the limitation period to the day after its valid execution was necessary with the latest legal version. The second thesis was verified as well by exploiting contemporary...
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A comparison of the imprisonment legislation in the Czech Republic and in the Great Britain
Vršanský, Robert ; Vokoun, Rudolf (advisor) ; Tlapák Navrátilová, Jana (referee)
A comparison of the imprisonment legislation in the Czech Republic and in the Great Britain - abstract This thesis is concerned with particular issues of unconditional imprisonment and their legal framework comparison in the Czech Republic and Great Britain. The first chapter deals with the meaning and objectives of punishment from the historical perspective and development in the world and both respective countries. The following chapter provides an explanation of these legal theories in the legislature as basic sentencing principles. Chapter three provides a legal framework of imposition of unconditional imprisonment under common rules. The following chapters cover legal framework which enables to impose a sentence over the statutory maximum or below the statutory minimum. The last chapter focuses on the final stage of imprisonment - the early release. The thesis examines the issues covered on a purely legal basis rather than sociological basis. It evaluates and compares advantages and disadvantages in both countries and endeavours to discover whether certain parts of foreign legislation are suitable for implementation into the national law.
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House search and inspection in criminal proceedings
Zetochová, Iveta ; Hořák, Jaromír (advisor) ; Vokoun, Rudolf (referee)
The paper deals with the issue of house search and inspection of non-residential space in criminal proceedings. It focuses on the historical and current legislation. The main part of this thesis deals with conditions of home searching and inspection of non-residential space. Applicable legislation is analyzed in terms of both basic definition of the term "flat" and "commercial space", as well as in terms of regulation ineffectiveness of evidence in case of violation of the law. The author of the work also discusses a radical judgment of the Czech Constitutional Court, which annulled the provisions of the Criminal Procedure Code, which allowed the prosecutor to order a search of non- residential space. The author gradually expresses the individual arguments of the Constitutional Court, trying to answer whether the annulment of provisions appropriate solution. In the next part the author demonstrates on case study the fulfillment of the legal conditions set out in first part and based on an analysis of reported case derive specific conclusions. A part of the paper focuses on the comparison of foreign laws: namely the legislation of the Federal Republic of Germany and the Slovak Republic. The work also includes an analysis of the legislation of house search of law firms. The main objective of this part...
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Allowable risk
Šorf, David ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The topic of this diploma thesis is allowable risk and its impact as a potential circumstance excluding liability. Czech law system takes into account tolerable risk as a circumstance excluding liability which this thesis is substantially focused on. At the beginning of the thesis circumstances excluding liability are defined in order to compare specifics of the tolerable risk institute. Briefly it analyzes some basic criminal law questions related to the thesis subject including concept of crime or errors in circumstances excluding liability. Next chapters deal with legal and general definition of tolerable risk and historical development of this issue in our law environment, including work of August Miřička, probably the first Czech lawyer addressing this issue. Further questions are suggested in these chapters. These questions are derived from legal status of tolerable risk and are thoroughly discussed in separate chapters for each sector. Legislator did not restrict sectors of usage explicitly. If conditions stated in the criminal code are fulfilled, tolerable risk can be always used. Although the thesis focuses on sectors in which risk has been proven usable, potential list of fields of application is not totally exhausting. I also evaluate suitability of the definition of tolerable risk in...
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