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Crimes Against Wildlife
Vokoun, Michal ; Dvořák, Marek (advisor) ; Šelleng, Dalibor (referee)
Crimes Against Wildlife The subject matter of this diploma thesis is the protection of wildlife species by means of criminal law. It maps the current legal regulation in this area at the international level, on the EU level, as well as in the Czech national law, especially in terms of possible criminal sanctions that can be imposed under the law for illegal handling of these animals. On the global scale, it covers in particular the CITES Convention, but also other international conventions such as the Bonn Convention, the ICRW or the Bern Convention. As for the law of the European Union, it works with the CITES Regulation and other related regulations, as well as the Directive on the protection of the environment through criminal law. As far as the Czech law is concerned, the thesis provides a detailed analysis of the crimes most closely related to the issue, i.e. the crime of unauthorized handling of protected wildlife species under s. 299 of the Criminal Code and s. 300 of the Criminal Code (in the negligent variant) and the crime of poaching under s. 304 of the Criminal Code. Here, it analyses the individual elements of these crimes, including the circumstances conditioning the application of higher penal rates, and also addresses the justification and difficulties with the application of...
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Factors threatening European raptors and actions for their conservation
Žandová, Denisa ; Reif, Jiří (advisor) ; Sedláček, Ondřej (referee)
Due to their visual appearance and general size, raptors are, among a general public, revered group of animals. This also, brings them more attention in sphere of animal conservation. Despite protection, which is given to them, raptors are among other birds severely endangered with their population decreasing in multiple places across Europe. The most frequent factors, which endenger raptors, are habitat loss, poaching, high-voltage powerlines, wind turbines and lead poisoning. This paper focuses on, describtion of methods of raptor protection, determination of efective protection measures, as well as determination of new useful solutions applicable for protection improvement. Studies has shown that in individual areas of Europe are endengering factors diferent than in others. Species with same ecological requirements and a way of life are endangered by same factors. The approach to these issues also changes depending on a country and some potential factors are not examined enough, yet. Thus it is of a great importance to spend more time on resolving these issues. Keywords: raptors, biodiversity conservation, risk factors, habitat loss, lead poisoning, poaching
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Legal aspects of the criminal offence of poaching
Slobodník, Martin ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The purpose of this thesis is to provide a detailed analysis of a relatively narrow issue belonging to the criminal law, namely the criminal offence of poaching. The key part of this work examines the merits of § 304 of the Act no. 40/2009, The Criminal Code, and focuses also on its systematic inclusion in the head VIII, called Crimes against the Environment, constituting a part of the special section of the aforementioned code. I attempt to gather the existing conclusions of the doctrine as well as the jurisprudence and to present them in an organized way. I also endeavour to critically assess a number of selected passages and to add my own reflections. In addition, several practical examples are briefly highlighted in order to enrich this work. This thesis will be divided into four main chapters - the Introduction, the Poaching legislation de lege lata, the Poaching legislation de lege ferenda and the Conclusion. Regarding the introduction, the reasons which led me to choose and critically analyse this socially negative phenomenon are shortly outlined. Furthermore, I explain my view of poaching as a long-lasting problem in our society. With respect to the chapter dealing with the poaching legislation de lege lata, it forms the main part of this thesis. Firstly, I aim to consistently categorize...
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Development and actual status of Illegal, unreported and unregulated fishing
Neuwirthová, Veronika ; Petrtýl, Miloslav (advisor) ; Koleška, Daniel (referee)
This bachelor thesis deals with issue of Illegal, Unreported and Unregulated fishing. The aim is to refer to this problem and provide fundamental information on the subject of illegal, unreported and unregulated (IUU) fishing. About 11 and 26 million tons of fish are caught by IUU fishing annually, which stands for as much as one third of overall annual fish catch. Numbers provided demonstrate the magnitude of the issue.
First part describes IUU fishing, in general. Several terms important for orientation in the topic are explained there, such as bycatch or RFMO. Economical aspects - such as motivation of fishermen involved in IUU fishing activities - and world oceans sustainability are analysed there, as well. It is likely that the decrease of marine fish will reach its critical scale, within several decades if industrial fishing goes on beyond any limits.
Second part provides description of main types of fishing gear and fishing methods, which are commonly used by fishermen all across the world. Fishing devices are therefore categorized and described in detail, several provided with pictures.
Third part of the thesis examines the development of international sea law: which was being shaped at three United Nations Conferences on the Law of the Sea - and final division of sea waters into zones as well. The last chapter focuses on current possibilities of preventing IUU fishing. It provides several options and suggestions, such as following: banning usage of specific pieces of fishing gear which can be labelled inhuman, raising financial sanctions against individuals involved in IUU fishing, designing a database purposed for gathering valid information of fishing masters.
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Overview of the trade in specimens of rhinoceros
JEŽKOVÁ, Věra
The subject of this thesis was focused on the analysis of international trade with selected specimens of rhino species (trophies, horns, live rhinos, carvings, horn carvings, derivatives) in 2004 - 2013. The trade at the European Union, taking into accounts the position of the Czech Republic, and the global worldwide trade were evaluated in term of importer and exporter and source, purpose and origin of specimens. Evaluation was based on data from the Cites Trade Database which was further processed via contingency tables and graphs. It was found that there was a decrease of import and export in 2013. The most imported specimens were live rhinos in the world (40,5%) and trophies in the European Union, the most exported specimens were trophies in the world (39,4%) and carvings (80,7%) in the European Union. The largest importer was USA in the world (16,6%) and Spain in the European Union (3%). The largest exporter in the world was South Africa (73,9%) and United Kingdom in the European Union (4,6%). The Czech Republic was imported 0,8% of total import and exported 0,2% of total export. Imported specimens came mostly from the wild (62,1%), the country of origin was not completed and were imported mainly as hunting trophies (33,4%). Exported specimens came mostly from the wild (76,3%), the country of origin was not completed (82,2%) and were exported primarily as hunting trophies The results indicate an overall downward trend in the legal trade but also confirm the considerable interest in horns in Asia. Therefore, it is necessary to continue to monitor all transactions.
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Poaching as a health and social problem
KUBOUŠEK, Rostislav
Based on the latest knowledge from work experience and scientific research, the theoretical part of this thesis briefly outlines terms like poaching, game hunting and diseases in game. I concentrated on the description of those diseases dangerous to mankind and affecting its health. The whole thesis focuses on trying to analyse the problem of poaching in depth, pointing out the present state of this issue in the Czech Republic, particularly from the point of view of the health risks as well as from the social and criminal views, mentioning the related ethical and moral issues. The current legal regulations are specified in connection with poaching and the impact of poaching on the economy is also marginally referred to. The objective of the thesis research was to answer the research question, whether poaching has increased within the Region of South Bohemia and whether it can be considered an all-society serious issue. The research procedure used was a secondary analysis of the data gathered by the Police of the Czech Republic, the Czech Ministry of Agriculture and the Czech and Moravian Gamekeepers{\crq} Association. The evaluation of all details gained unambiguously indicates that the issue is a serious one; however a relatively short time has passed since the amendment establishing poaching as a crime to assess objectively the consequences. Current facts nevertheless lay the groundwork for a clear outcome that the amendment establishing poaching as a crime has not been an appropriate solution to the actual situation. Considering the present state of poaching in the Czech Republic and problems related, it can only be stated that the only effective and system solution for the future lies in passing an amendment to the establishing poaching as a crime. Poaching cannot be eradicated within society; it can however be successfully rectified. Poaching has never been and is not a coincidental and sporadic phenomenon - it is going to occur throughout any political regime, irrespective of its repression.
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