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Europeanization of Criminal Law
Polách, Marek ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Europeanization of Criminal Law This thesis deals with Europeanization of Criminal Law. The topic itself is broad, selected issues of Europeanization of Criminal Procedural Law are therefore emphasized. In the introduction, certain problems which accompany the Europeanization in a Criminal Law field are presented. The biggest obstacle is a close connection of Criminal Law with state sovereignty, which is something that states are reluctant to restrict in favour of European Union. Another hindrance to Europeanization is a difference among national criminal regulations, which make an achievement of a compromise regarding the harmonization harder. The first chapter concentrates on the terms Europeanization of Criminal Law, European Criminal Law and Criminal Law of the European Union. Their definition and differentiation is provided. The second chapter discusses in brief the evolution of Europeanization of Criminal Law prior to the adoption of Schengen treaties. The informal cooperation in criminal matters took place in this era. Unlike the one in the chapter three, which already addresses the formal cooperation in criminal matters. It describes gradual development from Schengen cooperation, through the cooperation under Maastricht, Amsterdam and Nice Treaty, up to the cooperation on the basis of...
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Criminal Liability of Legal entities focusing on Healthcare Providers
Suchánková, Tereza ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
70 Abstract: Criminal Liability of Legal Entities focusing on Healthcare Providers As of 1 January 2012 a new act no. 418/2011 Coll., Act on Criminal Liability of Legal Persons and Procedure against them, has been effective in the Czech Republic, which incorporated a possibility to prosecute legal persons for selected crimes besides individuals. In June 2016, a new act no. 183/2016 Coll. Act that makes changes to the act. no. 418/2011 Coll., Act on Criminal Liability of Legal Persons and Procedure against them was adopted. The main change it brings to the Czech legal system is that legal persons will be able to commit all the crimes stated in act no. 40/2009 Coll., Criminal Code, except for few crimes enumerated. Under this act, legal persons will be able to commit crimes against the life and health and due to that there is a big chance of prosecution of healthcare providers. The aim of this master thesis is to define in which situations one should consider the criminal liability of healthcare providers. Additionally, this document also aims to outline the general rules of the subject matter, and to determine the limits of its application. To interpret the legal regulation, descriptive and analytical methods are being used. The author compares Czech legislation with the legislation of other European...
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Conditional release from the prison term
Rimek, Martin ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee)
The thesis brings concentrated summary of domestic material (substantive) and procedural setting of conditional release from imprisonment, a brief historical and foreign excursions then outline, how and why the institute was founded, as well as to allow the international comparison, at least at his elementary aspects; finally, the thesis shows possible solutions or future changes in substantive and procedural laws related.
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The role of the police authority in pre-trial
Bauer, Petr ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
V ANGLICKÉM JAZYCE This thesis solves the role of the police authority in criminal pre-trial. Its object is to present the pre-trial stage of criminal proceedings, it is the pre-trial proceedings. As a longtime police officer, for whom criminal proceedings are for many years the main job, I wanted to do a detailed analysis of this phase of the criminal proceedings and to point out to the weaknesses of the current legislation and simultaneously bring the forward possible solutions to these gaps with appropriate arguments. I worked the stage of the preparatory proceedings in chronological order from the pre- prosecution to the phase of the investigation which occurs after the commencement of prosecution.In a separate chapter we find a treatise on the special form of pre-trial proceedings, when we speak of summary proceedings. All of these chapters I processed from the perspective of current legislation. The current legislation contains several drawbacks, which I pointed out in my rigorous thesis and I submitted proposals for changes that would correct these deficiencies. The thesis culminates with the chapter "consideration of possible changes in the preliminary proceedings de lege ferenda", where I dealt with the issue of exigent and unrepeatable acts, where as a policeman I perceive potential risks...
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Extraordinary remedies in criminal proceedings
Fejklová, Lucie ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee)
Remedies in criminal proceedings are designed in particular to remedy and rectify errors and mistakes occurring in the course of the proceeding, and as such serve for the review and rectification of both legal and factual defects. Remedies may be ordinary or extraordinary. Ordinary remedies include appeal, complaint and protest, while extraordinary remedies include extraordinary appeal, complaint for breach of law and renewal of proceeding. The principal prerequisite for the stability of final and enforceable decisions in criminal proceedings is their unchangeability. It is impossible to rule out a serious error, and such a defect in the final and enforceable decision of a law enforcement or judicial body may occur as a result that insisting on its binding and unchangeable nature would disrupt fair and correct decision-making. The finality and enforceability of a decision ought to be pierced in exceptional cases only, and then only when it is necessary and when the stability of the decision cannot be insisted on. Extraordinary appeal was introduced into the Czech legal order by the 2001 amendment to the Criminal Code. This extraordinary legal remedy serves to remedy enumerated defects in the most important types of court decisions, or to review life sentences. Extraordinary appeal can only be used...
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The Tasks of Probation and Mediation Service in Serving Alternative Sentences
Herinková, Kamila ; Vanduchová, Marie (advisor) ; Gřivna, Tomáš (referee)
At present time the most of developed countries are seeking alternatives to unconditional sentence of imprisonment. In serving alternative sentences to unconditional sentence of imprisonment the Probation and Medition Service has its particular role. The description of PMS and its activities in ensuring and controlling the serving alternative sentences is the central issue of this thesis. The PMS was found in 2001 by the act No. 257/2000, Collection. The content of this work is composed of the interpretation of contents of the restorative justice, the probation and the mediation, the characterization of the PMS and its activities in focus of the ensuring and controlling the serving alternative sentences. We can find there also the view of the legislature of the probation and mediation services in France and the analyses of the PMS activities in last 5 years. This work is based on the theoretical knowledge as well as the knowledge and informations from probational officers acquired during the consultations in the center of PMS situated in Prague and Jihlava.
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"Money laundering - criminal and criminological aspects".
Babjaková, Radka ; Hořák, Jaromír (advisor) ; Gřivna, Tomáš (referee)
This thesis deals with the issue of money laundering in terms of both criminal and criminological perspective. The aim of this thesis is to analyse the issue of money laundering and to raise questions related to de lege lata discussions and de lege ferenda proposals, to formulate my opinion and to make recommendation for legislative changes. The first part (Chapters 1, 2 and 3) contains the definition of this term and discusses methods in which money laundering occurs. In addition to well-known methods, it is dedicated to new methods focusing on the use of virtual currencies and online computer games. The question of organised crime, which is very close to money laundering, is analysed too. The second part (Chapters 4 and 5) describes international regulation, legislation of the European Union and measures against legitimisation of proceeds of crime in Czech legislation. It is focused on the most important conventions and directives related to money laundering. This part also explains Act No. 253/2008 Coll., on selected measures against legitimisation of proceeds of crime and financing of terrorism, and activities of Financial Analytical Unit. The third part (Chapters 6 and 7) examines relevant Czech legislation, especially issues of money laundering using legal entities, their criminal liability...
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Agreement on Guilty and Punishment
Pavel, Jan ; Gřivna, Tomáš (advisor) ; Zeman, Pavel (referee)
Résumé The presented thesis deals with the new legal institute of criminal procedural law, the "agreement on guilt and punishment". The aim of the Czech legislator, when constructing the Czech version of the otherwise traditionally Anglo-Saxon concept of conciliation proceedings, was mainly to simplify and speed up the criminal trial, because according to his/her conclusion the present legislation does not use every opportunity to ensure the accused the full right to a speedy and fair trial. Despite the certainly legitimate need to ensure criminal proceedings in a way so as to ensure "quick" justice, the question is, considering the still ongoing debate of not only professionals, whether an agreement on guilt and punishment is the right tool to deliver this. The agreement on guilt and punishment is generally an Anglo- Saxon concept, it is thus a product of legal culture different in principle from the domestic one, and for it to be able to work effectively in such different conditions, it was necessary to somewhat overlook the traditional idea of a criminal trial as we know it in the standard form. Before its codification the proponents of this legal institute argued that the conciliation proceedings will support the activity of procedural parties, simplify the proceedings, in particular regarding the...
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Domestic violence and its prevention
Kubátová, Marcela ; Gřivna, Tomáš (advisor) ; Vanduchová, Marie (referee)
The topic of the thesis is domestic violence and its prevention. Domestic violence has been present in society from time immemorial, however only recently it has become a topic of public discussions. Domestic violence is not only a private matter of a particular family but it is a problem of the whole society. The first chapter introduces the issue of domestic violence. It aims at providing definition of domestic violence and it describes its key features (domestic violence is not an one-time act; violence escalates in relationship; everything happens in private; fixed roles are typical). Domestic violence tends to be cyclical when the periods of calm, tension and violence alternate. Victims may be exposed to physical violence, psychological violence, emotional violence, social violence, economic violence and sexual violence. The first chapter also deals with the causes of domestic violence and focuses on the myths associated with domestic violence. The second chapter characterizes and describes a profile of an offender. The majority of offenders are men (up to 90-95 %), however even a woman can be an aggressor in the relationship. The third chapter deals with victims and tries to picture their characteristics. The violence can be directed both at women and men. The violence can also affect seniors...
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Domestic violence and its prevention
Polenová, Jaroslava ; Gřivna, Tomáš (advisor) ; Vanduchová, Marie (referee)
Title: Domestic violence and its prevention Abstract The purpose of my thesis is to analyze the issues of domestic violence, outline the basic characteristics of its essential aspects and focus on preventive measures of protection against domestic violence, especially the applicable legislation of the Czech Republic. The paper is divided into four chapters. The first chapter contains the characteristics of domestic violence as a criminological concept. At first there is a definition of the phenomenon of violence as the intentional act involved in the maltreatment and abuse. The second subchapter presents actual domestic violence which is explained by a description of its elements, types and forms, its process, method of identifying and documenting its causes. Chapter One concludes with a part regarding myths prevailing in the society about domestic violence. The following chapter focuses on violent persons and endangered individuals by domestic violence. The aim of this chapter is to describe the profile of both actors regardless of the gender expectations. Subchapter relating to endangered individuals includes the definition of victim and further discusses long term psychological consequences of abuse and specific groups of endangered individuals. The third chapter deals with the current legislation which...
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