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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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Instruments of Criminal Law Used in a Fight against Organized Crime
Lapáček, Jan ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
This diploma thesis is concerned with the instruments of criminal law used in a fight against organized crime. The objective of this thesis is to outline the current state of both international and domestic organized crime and to discuss some of the instruments used to fight against it which are provided to us by the criminal law. The first part of this thesis provides an overview of the development of organized crime as well as the defining characteristics of this phenomenon. However, the primary focus of the first part of presented thesis is on the conception of organized criminal group and the differentiation between organized criminal group, organized group, terrorism and terrorist group as provided in the Czech criminal code. The second part of this thesis discusses some of the individual instruments of both substantive and procedural criminal law in depth. Specifically, the criminal offense of participation in an organized criminal group, sentencing enhancements for individuals committing crimes that benefit an organized criminal group, criminal liability of legal entities, spatial wiretapping, use of an agent and cooperating witness. In this part especially, the author's aim is to evaluate the contemporary legislation, to present different opinions on mentioned topics and eventually, to...
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Criminal Law Instruments in the Fight Against Organized Crime
Baranová, Soňa ; Tejnská, Katarína (advisor) ; Heranová, Simona (referee)
The aim of this Diploma thesis is to elaborate on the topic of the fight against organized crime with a focus on criminal instruments of such a fight. Organized crime is undoubtedly a unique and dynamic phenomenon that penetrates almost every area of society. Currently it is one of the most serious global risks threatening the stability, security and development of civil society. The Diploma thesis begins with the definition of terms such as organized crime, then it deals with the causes, structure, selected forms of organized crime as well as its perception in the international community. The following chapter deals with the historical development of organized crime and the context between its boom in our territory and the fall of the Iron Curtain. The third chapter is a key part of this thesis and contains a substantive regulation of the prosecution of organized crime. It defines the terms of an organized criminal group and an organized group contained in the Criminal Code, describes the offense of participating in an organized criminal group and the limits of punishing this crime. The next chapter de lege lata discusses the most effective procedural instruments for combating organized crime, in particular the operational investigative means of criminal investigation. The penultimate chapter...
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Criminological aspects of organized crime
Kovářová, Alena ; Scheinost, Miroslav (advisor) ; Hořák, Jaromír (referee)
7 Criminological aspects of organized crime Abstract The aim of this study named Criminological aspects of organized crime is mainly to provide a general insight to organized criminality as itself a systematize particular legal and social means, that are used to fight organized crime these days. Apart from the identification of the problems connected with application of certain means in practice I tried to outline possible solutions for the future that would lead to increasing the effectivity of fight with organized crime. The first chapter is focused on the general definition of organized crime and particular trait names that characterise organized crime and distinguish it from other forms of criminal activity. The second chapter called development of organized crime is dedicated mainly to historical roots of organized crime, its origin and changes through time. The most important global organized criminal groups are described in the second part of this chapter, which are an Italian Mafia, American La Cosa Nostra, Chinese triad and other. The third chapter focuses on typology of organized crime and particular internal organizational structure, their typical signs an expressions, whereas offers several means of division. In the fourth chapter, I devoted myself to the development of organized crime in the...
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