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Cooperating Defendant
Prášek, Vojtěch ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
The thesis deals with the criminal law institute of the cooperating defendant, with the aim of analysing the current legal regulation of this institute in the Czech Republic and the practical consequences of its application by the law enforcement authorities. The thesis is divided into the four chapters. In the first chapter, the thesis focuses on organized crime in general as a socially dangerous phenomenon; in particular, the concept of organized crime is defined and the activities in which organized crime is engaged in the Czech Republic are being described. Furthermore, the author discusses all the possible legal instruments in the fight against organized crime, of which he focuses more on the interception and recording of telecommunication traffic and the use of agents. In the following chapter, the thesis focuses on the definition of the concepts of the crown witness and the cooperating witness, their mutual relationship and development. The current legal regulation of the institute of the cooperating witness in the Czech Republic is also being summarised here. The third chapter analyses the application of the institute of the cooperating witness from the initiative to use it to the imposition of punishment for persons who have been identified as the cooperating witnesses. In particular, the...
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The criminal law instruments against organized crime
Šmejc, Marek ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
78 The Means of Criminal Law Dealing With Organized Crime Abstract The rigorous thesis explores the phenomenon of organized crime, examining it from criminological, criminal law, and historical perspectives in the introduction. Within the initial pages, the thesis delves into the concept of organized crime, considering various expert opinions. However, attempts to conceptually or empirically capture the phenomenon face numerous challenges due to its complexity and diverse forms. The thesis consistently emphasizes the importance of the topic, stemming from the serious threat to public interest posed by organized crime and ongoing international and national debates on the need to improve tools to combat it. The author also examines the current legal regulations, both domestic and international. The conclusion of the second chapter particularly focuses on the criminal offense of participation in an organized criminal group. Another chapter is dedicated to categorizing tools to combat organized crime into legal, institutional, and political categories. The author then delves into selected criminal law tools to combat organized crime, focusing on some of the most problematic instruments, where skepticism among certain experts is often justified. These controversial institutions of criminal procedural law,...
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Criminological aspects of organised crime
Pokorná, Eliška ; Scheinost, Miroslav (advisor) ; Bohuslav, Lukáš (referee)
1 Criminological aspects of organised crime Abstract Organised crime is a serious issue affecting global society. Its influence globally destabilizes order and safety. In this thesis I provide a basic overview of the subject of organised crime and attempt to give a general insight into the main aspects of this phenomenon. Criminological aspects are introduced in the context of conceptualization, typologization and history of organised crime. Legal aspects are also given attention, with attempts to summarize most important legal tools in fighting organised crime. I have also attempted to provide a critique of current legislative measures with predictions about new challenges in controlling organised crime. First chapter focuses on introducing the phenomenon of organised crime. Various definitions of organised crime are explored and compared against one another. Further analysis of individual traits associated with the phenomenon follows. Last part of the chapter is devoted to exploring various criminal activities of organised crime. Second chapter focuses on typologies of criminal organisations. Four typologies are explored in total. First comes the summarization of a terminology by two Czech authors, Scheinost and Musil. Exploration of the typology provided by a United Nations survey follows. Third and...
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Cooperating defendant and other institutes in the fight against organised crime
Šimková, Karolína ; Mulák, Jiří (advisor) ; Beranová, Andrea (referee)
Cooperating defendant and other institutes in the fight against organised crime Organised crime currently poses a major security risk that not only threatens the interests of individuals, but also the interests of society. For this reason, society's law enforcement authorities are pushed to investigate it quickly and effectively, and various means and instruments are enshrined in criminal law to do so. This thesis deals with the institutes in the fight against organized crime and aims to provide an insight into the means used, their legal definition and practical application, including pointing out possible shortcomings of the current legislation. The thesis first examines the definition of organised crime as such, including its existing definitions and characteristics. The issue of terrorism, which has several common and divergent features with organised crime, deserves separate attention. The second and third part of the thesis is devoted to the most important means of combating organized crime, which is the institution of the cooperating defendant. To understand all the background, the thesis first discusses the historical development of the institute and its comparison with the Crown Witness. Next, the thesis already addresses the various conditions regulated by the Criminal Procedure Code for...
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Criminological Aspects of Organised Crime
Klusáčková, Karolína ; Scheinost, Miroslav (advisor) ; Hořák, Jaromír (referee)
Criminological Aspects of Organised Crime Abstract The aim of this thesis is to comprehend the topic of organised crime in its entirety and to create an overview that will help to understand this phenomenon in the context of the contemporary world. The thesis analyses the phenomenon primarily from the criminological point of view but also from the criminal law point of view. The thesis is divided into two parts. The first part is a general treatise on organised crime. The second part pursues organised crime in the Czech Republic. The first chapter deals with the concept of organised crime from several perspectives. In addition to the legal and criminological definition, it also explores how this concept is defined in foreign literature. Furthermore, this chapter introduces the concept of transnational organised crime, the understanding of which is crucial for current criminology. At the end of the chapter, the differences between certain types of group criminal activities are explained. The author would like to highlight significance of the second chapter, which examines the subjects of organised crime, because chapters focused on victims and perpetrators are rather sporadic in the literature on organised crime. One of the subchapters is dedicated to the criminal organisation itself - it states what types...
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Criminal Law Instruments Against Organized Crime
Danková, Katarína ; Jelínek, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee) ; Ivor, Jaroslav (referee)
This doctoral thesis is concerned with an in-depth analysis of organized crime under criminological and criminal-law aspects, taking an approach that recognizes organized crime as a multi-faceted, dynamically changing category. The importance of this issue derives, firstly, from the grave threat to society which it represents and, secondly, from the on-going international and domestic discussions of the need for better tools to eradicate it. The first part of this work conveys the nature of organized crime, and based upon an understanding of the modern forms of organized crime raises and reappraises the important substantive-law questions of its criminalization and punishment. Organized crime is inseparably associated with the most controversial institutions of procedural criminal law, namely, the institutions of the cooperating accused person, informers, agents provocateurs, and the protected witness, which in the fight against organized crime represent a serious challenge for the fundamental principles of procedural criminal law. A theoretical analysis of these issues follows, which, together with a look on the consequences of the imperfect current Czech legislation being applied in practice, highlights the need for reappraisal and reform of the current laws. The thesis takes a critical,...
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Camorra as a parallel system of the Italian state
Zima, Vojtěch ; Perottino, Michel (advisor) ; Jiroudková, Adéla (referee)
This thesis deals with the history and evolution of the phenomenon of the Camorra in one of the southern Italian regions - Campania. Camorra originated as a result of appalling social conditions in the south of Italy before its unification. The former ruling system in Naples neighborhood was inefficient and distant for the general population. In contrast, the Camorra everyday system responded immediately and was efficient, fast and productive. Before the constitution of the modern Italian state in 1861, Camorra had already more than half a century of history and activities, and was firmly established itself in the society of Campania. From 1819, when the first written note about Camorra appeared till the first decade of the 21st century it has undergone a complicated and interesting development and changes. During this period, there were several transformations in the functioning of its system. From the initial racketeering and small crime the Camorra's system was transformed into the highly organized companies, whose representatives can be well established members of the highest levels of the Italian society. The thesis also describes how the Camorra's social security ensures its members. From the point of view of Camorra's members their system never fails on the contrary to the official state...
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Anti-money laundering measures from the perspective of financial law
Špás, Martin ; Marková, Hana (advisor) ; Vybíral, Roman (referee)
This thesis, titled "Anti-money laundering measures from the perspective of financial law" aims to introduce the essential aspects of the money laundering and futher to define basic procedures and methods for the fight against money laundering, not only on the national level but also on the international level. It is mainly focused on the description and explication of this worldwide phenomenon which is affecting the national economics and national interests. The primary objective is to evaluate the effectiveness of the current legislation, for example by comparative analysis of the different legislation in selected countries. In context of globalisation and development of information and communication technologies, it is necessary to develop the legislation constantly and to reflect new tendencies which money laundering lead to. This organised crime is a phenomenon threatening the global economy, therefore each state should develop and implement the right legal measures in this area in order to substantially reduce this economic crime.
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PROSTITUTION - CAUSE AND SOCIAL ASPECTS
NOVÁ, Jana
This diploma work deals with the problem of prostitution and its accompaniing negative impacts in the public life. The theoretical part deals with the actual problems of prostitution. The practical part contains the outcome of the research focused on the attitudes and opinions of the public and the prostitutes on prostitution.
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