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Europeanisation of Criminal Law
Martinů, Iva ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
This thesis deals with the Europeanisation of criminal law. The aim of the thesis is to examine the evolution of Europeanisation within the European Union, to analyse current regulation and to focus on law enforcement institutions. The paper is composed of three chapters. Chapter One is introductory and explains the notion of the Europeanisation of criminal law and describes the evolution of police and judicial cooperation in criminal matters within the European Union. The text then concentrates on the impact that case law of the European Court of Justice has had on the Europeanisation. Chapter Two investigates the current versions of treaties and the main changes that the Lisbon Treaty brought about. Subsequently the paper explores the harmonisation of substantive criminal law and criminal procedure, the new legal concept of the 'emergency brake' and the extension of powers of the European Court of Justice. The following part of Chapter Two illustrates the accession of the European Union to the Convention for the Protection of Human Rights and Fundamental Freedoms and it also discusses the Charter of Fundamental Rights of the European Union. A brief summary is given at the end of Chapter Two. The last chapter is essential and looks at law enforcement institutions. It consists of three parts. Part one deals...
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Selected issues of sanctioning of legal persons
Tibitanzlová, Alena ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This thesis deals with selected issues in sanctioning of legal persons. In particular, it focuses on sanctions applicable to legal persons under the act on criminal liability of legal persons. I selected this topic since I am interested in criminal law, especially in criminal liability of legal persons. I decided to focus on sanctioning of legal persons, or more precisely on selected issues thereof, since there are many reasons why this topic is subject of passionate discussions about the act. Based on theoretical and practical findings, this thesis aims to analyze whether the current state of law in the area of sanctioning of legal persons in the act on criminal liability of legal persons is perfect and fully sufficient, or whether it requires amending. The preface introduces the topic of sanctioning of criminal persons and the structure and the main goals of this thesis. Subsequently, the thesis is divided into seven chapters. The first chapter deals with theoretical issues. It covers different approaches to sanctioning of legal persons throughout Europe and key arguments both in favor and against the introduction of new regulation of sanctioning of legal persons in the Czech Republic. The second chapter covers basic provisions of sanctioning of legal persons in the act on criminal liability of...
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Criminal Aspects of Pornography
Svoboda, Filip ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
Criminal Aspects of Pornography Summary The main purpose of this thesis is to introduce the phenomenon of pornography in terms of criminal law, to point out flaws in the current relevant criminal legislation in the Czech Republic and to propose a possible solution in a form of potential legislative changes. The thesis is composed of five chapters. The first chapter deals with definition issue of vague legal term of "pornography" and other related terms ("child pornography", "hardcore pornography"). Furthermore, it briefly describes attitudes to the term of pornography in the legal systems of Slovakia and the United States of America and examines the issue of so called virtual pornography. The second chapter provides an overview of the related most important international instruments such as anti-pornography treaties concluded in the early 20th century as well as modern United Nations and Council of Europe treaties and European Union legal documents aiming at combat sexual exploitation of children and child pornography. The third chapter outlines historical development of the Czechoslovak and Czech criminal regulation of pornography in the former Austro-Hungarian criminal codes, recodification draft bills from the era of the First Czechoslovak Republic, socialist criminal codes of 1950 and 1961 and later...
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Military Criminal Law in the Czech Republic.
Ožďan, Pavel ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
The topic of the thesis is the military criminal law in the Czech Republic. Czech military criminal law is a specific area of criminal law relating exclusively on special subjects which are soldiers, prisoners of war and in a more limited scale members of the security forces. The purpose of this thesis is to present a comprehensive picture of the Czech military criminal law, because up to now as comprehensive piece of work has not been made. The first chapter summarizes the historical development. It describes the grounds of the legal regulation with the historical background that further explains the reasons for specific legislation. This chapter is divided chronologically into four parts, the first of which introduces us to the beginnings of the development of military criminal law, the second to the development from the Middle Ages to the early 20th century, the third is devoted to military criminal law in the First Republic and the fourth to development in the second half of the 20th century. The second chapter represents a crucial part of this thesis. Firstly, it defines military criminal law in the field of criminal law describing the coherence of the different laws in this area which are relevant and necessary for the application. Emphasis is put on the definition of the terms, which are used...
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To criminal liability in health care
Mika, Zdeněk ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
As lege artis Medicinae is known such way of treatment and diagnosis, which is consistent with current scientific knowledge and practice. Literally the term means according to the law. Incorrect procedure medical worker is classified as non lege artis. In the context of criminal responsibility is the subject of a criminal offense in particular health professional (usually a physician) are typically the object: life, health, human fetus and interest in the correct medical procedures. Object of the attack is a person. Criminal Code of such conduct typically as non lege artis includes crimes against life, against health offenses endangering life or health, crimes against pregnant women. Expert is in the criminal proceedings usually required in order to assess the correctness of the chosen treatment procedure by an independent expert.
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Issues of punishment for traffic offences
Klinovský, Karel ; Říha, Jiří (advisor) ; Krupička, Jiří (referee)
My thesis is focused on the issues of the punishment for traffic offences. This topic is actually in the spotlight of the social discourse since the relatively high number of tragic traffic accidents leads to the call for the solution of the anomy on the Czech roads. One of possible solutions is also a proportional use of the state repression using the legal tools of the criminal law. The goal of this thesis is an analysis of all the punishments applicable to the traffic offences and their de lege lata and de lege ferenda evaluation. In the first part of this thesis, I will define all kinds of transportation and their legal basis. This is necessary to put the road traffic offences into their proper place in the system of traffic related offences. Furthermore, I define the traffic offence and I also elaborate on which offences are traffic offences per se. My conclusion is that we should use more restrictive approach when it comes to listing the traffic offence. Later on, I modify this restrictive approach by adding the offences of reckless endangerment and obstruction of an official decision. As a part of this chapter, I also examine each offence in the context of their practical use and judicial decisions. The second part of this thesis is focused on the traffic offender. A very specific aspect of...
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Crime of murder and killing under Section 140, Section 141 of the Czech Criminal Code
Kučera, Petr ; Hořák, Jaromír (advisor) ; Vanduchová, Marie (referee)
This work explores in general intentional homicide according to the Czech law. Until recently, all cases of intentional homicide were considered as a murder. The new Czech penal code, adopted in 2009, divides intentional homicide into two crimes: original murder and less serious manslaughter. As mentioned above, crime of murder has gone through some important changes. In recent penal code, body of this crime is more divided for better fitting for specific offender; there is distinction between simple murder, which has affective character and premeditated murder or murder committed with aforethought. The term premeditation can be basically defined as mental activity of the offender that rests in evaluating of contradictory driving motives and precedes and determines the decision to commit a crime or to commit a crime in a certain way. Premeditation and aforethought characterize cases, in which the offender had relatively higher degree of rational control over his or her criminal act. Offender had a chance to take into account the motives dissuading him from the crime. Crime of manslaughter is a new a privileged factum in the system of Czech homicide law. It has two possible factums: excusable intense mental agitation and previous condemnable conduct of the aggrieved. Next part of the work focuses on the...
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Issues of criminal liability of legal entities
Pudilová, Anežka ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This thesis is dedicated to issues of criminal liability of legal entities. Act no. 418/2011 Sb., Act on Criminal Liability of Legal Persons and Proceedings Against Them (hereinafter as "the Act") came into force on January 1th , 2012. Adopting appropriate legislation Czech Republic not only met its international commitments, but also reacted to the fact that legal entities are becoming an instrument for committing serious types and forms of crime. The aim of this thesis is the analysis of the terms of criminal responsibility of the legal entities in context, taking into account strengths and weaknesses of the effective legal regulation. Studying the general issues of the offense responsibility of legal entities is the precondition for submitting integrated analyses of this specific section of the Act. This thesis is divided into three parts, which are formed by chapters, its sections and subsections. The first part is dedicated to the theoretical issues of criminal responsibility of legal entities among which are the conceptions of the offence responsibility of legal entities and arguments for and against introduction of criminal responsibility of legal entities. The second part of the thesis follows up the course to adoption of the Act, focuses on the object of the new statutory regulation, and on its...
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Computer and Internet criminality
Zeman, Daniel ; Gřivna, Tomáš (advisor) ; Zeman, Pavel (referee)
1 ABSTRACT In my thesis I have tried to analyse questions connected to information in general, as in my opinion the most valuable articles of our days. Information society, of which we are part of, is surrounded with information and has developed certain mechanisms, procedures and technology. My aim has been to consecrate a usage of information and communications technology. We can say that nowadays advanced world is almost perfectly linked and networked. It is done by virtue of increasing availability of computers and other communication instruments; another reason is constantly escalating technological ingenuity of their interconnection. Crucial role in this matter plays Internet, the net of nets, offering still faster, cheaper and more variable connection of its segments. It enables receiving and providing for information without any territorial, contentual, quantity limitation. Technological progression, which information sector shows, is unusually dynamic and also blond our control. Advances of the development go hand in hand with its disadvantages, to be specific with exploitation of computers and Internet. The question therefore is, if the proportion of benefits information and communications technology and its misuse stays the same and only the quantity extent rises. The answer is unfortunately...
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Stalking
Procházková, Lucie ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
in English My thesis is focused on the criminal offence of "nebezpečné pronásledování" (dangerous harrasement as literally translated into English) under the section 354 of Czech Criminal Code. The offence was added to the Criminal Code recently, in order to allow criminal prosecution of stalking. In the past, the absence of special antistalking law has caused serious problems because of insufficient protection of victims. As the criminal prosecution of stalking has been possible for 3 years, I was convinced that the effectiveness of the provision should be evaluated and suggestions for de lege ferenda should be made. The thesis is divided into three major parts and each of them is further subdivided into chapters and subchapters. The first part of the thesis (represented by chapters 1 - 5) focuses on the obligatory elements of a criminal offence, this is the section of the thesis which analyzes and compares opinions of scholars with the opinions expressed in their judgements of judges. Subsequently, observed insufficiencies and inconsistencies are described and the suggestions on how to eliminate these insufficiencies are brought forward. In some cases relevant foreign legislation is mentioned and serves as a certain source of inspiration for suggestions for de lege ferenda. Chapter One is...
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