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Collaborator of justice
Jech, Kryštof ; Mulák, Jiří (advisor) ; Richter, Martin (referee)
Collaborator of justice ABSTRACT The diploma thesis deals with the topic of the collaborator of justice with a closer focus on the Czech legislation. However, the author's aim is to present a critical picture of this legal institute in all its complexity. The beginning of the thesis is therefore devoted to the historical development of the given concept both globally and subsequently also within the Czech Republic. At the same time, the author attempts to define the relationship between "crown witness" and "accomplice witness" ("collaborator of justice") as these are closely related terms. A brief comparison of the most relevant foreign legislations of both types of legal culture is also included. Furthermore, the thesis superficially touches the criminological aspects of organized crime and the characteristics of its members. It summarizes the capture of the mentioned issue in the Czech legal system and describes the role of the collaborator of justice in the fight against such threat as well as in comparison with other legal means and institutes. The centre of interest then lies in the presentation of the most detailed interpretation of the existing legislation in force both from the point of view of procedural and substantive criminal law. In addition, the author answers predetermined questions aimed at...
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Organized crime-trafficking with human being
Jelenová, Jana ; Musil, Jan (advisor) ; Štourač, Petr (referee)
Organized crime - Trafficking in human beings This thesis deals with the criminal offence of trafficking in human beings under Sec. 168 of the Czech Criminal Code. A trafficking in human being is not a frequent criminal offence but with its consequences belongs to the most dangerous crimes. After the Velvet revolution the relevance of this crime has raised subsequently and therefore the regulation of this crime requires particular attention. It is important to find new ways and improve current methods to be readier to detect and investigate the cases of trafficking in human beings. The aim of this thesis is to provide an analysis of legal regulation of trafficking in human beings, organized crimed and methods of investigation and some related issues such as problematic of the protection of the witness. This thesis consists of three chapters. The first one deals shortly with the organized crime. It analyzes the term of the organized crime, because trafficking in human beings is usually committed by organized groups. I try to explain some basic terms related to this topic. The second one deals with the legal regulation of trafficking in human beings. The history, present and future of the legal regulation in the Czech Republic and in the other countries are described in this chapter. Then it is...
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Protection of witnesses and other persons participating in criminal proceedings
Wágnerová, Lenka ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee)
The Rigorous thesis deals with the issues of protecting witnesses and other people participating in criminal proceedings in the Czech Republic, namely from the perspective of the historical and legal development and, in particular, the applicable legal provisions of the criminal code, the special Witness Protection Act and the Act on the Police of the Czech Republic. Legal provisions regarding the protection of people involved in criminal proceedings are compared with the corresponding provisions in the Federal Republic of Germany, the Federal Republic of Austria, the Slovak Republic, and the Republic of Poland.Finally, proposals de lege ferenda are presented based on the analysis of the Czech and foreign legal provisions.
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Criminal Law Instruments Against Organized Crime
Markvart, Tomáš ; Tejnská, Katarína (advisor) ; Pelc, Vladimír (referee)
Criminal Law Instruments Against Organized Crime Abstract This master's thesis elaborates an in-depth analysis of criminal law instruments used in a fight against organized crime. Given that organized crime, and criminal offences committed in an organized manner in general, represent one of the gravest forms of criminal behaviour, these legal institutes are of utmost importance in the contemporary debate on this topic, led by both scholars and the wider public. The first part of this thesis introduces the notion of organized crime. It further demonstrates the inherent difficulties in defining this notion and enumerates the different approaches that may be taken in respect of its classification. Lastly, it categorizes legal instruments the objective of which is to eradicate this phenomenon. The second part conducts a detailed examination of intensified criminal law repression of organised crime. In this respect, the thesis puts special emphasis on the intricacies associated with the punishment of offences perpetrated by an organized criminal group and their individual perpetrators. The third part of this work is dedicated to the concept of accomplice witness, crown witness, informant and to certain investigative instruments. The final part of this thesis is devoted to instruments used in relation to witness...
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Problems of position of a witness in criminal proceedings
Staňková, Jana ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
This diploma thesis deals with position of a witness in criminal proceeding. The first part, it defines a conception of a witness; focuses on legal process aspects of position of a witness and also on capability to act as a witness in criminal proceeding. The second part, is given attention to performing evidence by witness, to rules of examination of a witness, including rules of examination of witnesses less than 15 years old. The third part defines rights and duties of a witness in criminal proceedings as they result not only from Criminal Procedure Act but also from constitutional principles. There is closer focus on witness' duty to testify, to liability to participate in confrontation and recognition (as special kinds of evidence). Another focus is on some witnesses' rights: rights to deny giving testimony and right to legal help and mainly to right to afford security of a witness. The last, four part deals with institute of crown witness (accomplice witness). This institute is not included into Czech legal system yet.
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Witness and his protection in criminal proceedings
Babincová, Aneta ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The thesis deals with witness in criminal proceedings. The thesis defines witness as a person, it states witness's rights and duties, the most important duty is witness general duty, recognition, confrontation, investigative experiment and reconstruction. The thesis concisely deals with interrogation of the witness and with special interrogation situations as a interrogation person under age of fifteen, person who is old, sick or dying. In thesis, there is mentioned the institute of material witness and with the institute of cooperating accused. The thesis also focus on protection of witness, from point of view the Criminal Procedure Code and special Act. no. 137/2001. In thesis, there is also briefly delineates analysis of legal status of witness in Slovakia, with focusing on protection of witness and on institute of material witness. The thesis tries to comprehensive focusing on the status of witness. The thesis contains seven chapters.
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Protection of witnesses and other persons participating in criminal proceedings
Wágnerová, Lenka ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee)
The Rigorous thesis deals with the issues of protecting witnesses and other people participating in criminal proceedings in the Czech Republic, namely from the perspective of the historical and legal development and, in particular, the applicable legal provisions of the criminal code, the special Witness Protection Act and the Act on the Police of the Czech Republic. Legal provisions regarding the protection of people involved in criminal proceedings are compared with the corresponding provisions in the Federal Republic of Germany, the Federal Republic of Austria, the Slovak Republic, and the Republic of Poland.Finally, proposals de lege ferenda are presented based on the analysis of the Czech and foreign legal provisions.
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Organized crime-trafficking with human being
Jelenová, Jana ; Musil, Jan (advisor) ; Štourač, Petr (referee)
Organized crime - Trafficking in human beings This thesis deals with the criminal offence of trafficking in human beings under Sec. 168 of the Czech Criminal Code. A trafficking in human being is not a frequent criminal offence but with its consequences belongs to the most dangerous crimes. After the Velvet revolution the relevance of this crime has raised subsequently and therefore the regulation of this crime requires particular attention. It is important to find new ways and improve current methods to be readier to detect and investigate the cases of trafficking in human beings. The aim of this thesis is to provide an analysis of legal regulation of trafficking in human beings, organized crimed and methods of investigation and some related issues such as problematic of the protection of the witness. This thesis consists of three chapters. The first one deals shortly with the organized crime. It analyzes the term of the organized crime, because trafficking in human beings is usually committed by organized groups. I try to explain some basic terms related to this topic. The second one deals with the legal regulation of trafficking in human beings. The history, present and future of the legal regulation in the Czech Republic and in the other countries are described in this chapter. Then it is...
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