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Public procurement-related crimes
Hřebíček, Vladislav ; Gřivna, Tomáš (advisor) ; Šámal, Pavel (referee) ; Musil, Jan (referee)
Public procurement-related crimes (in Czech republic) (summary of the dissertation) Vladislav Hřebíček In his paper, the author focuses on the area of public procurement-related crimes in the Czech Republic. As there has been no comprehensive coverage on the subject so far, the paper's primary ambition is to sum up the current state of knowledge while critically considering particular resources (mainly legislation and practice of courts), overlapping significantly into the area of daily practice of detecting such crimes and gathering evidence. In the first chapter, the author provides definitions for key terms and examines the term procurement from the perspectives of its legal definition as well as its interpretation based on court practice. Furthermore, the chapter specifies what is to be understood as procurement-related crime, placing this type of crime within the broader context of economic crime. At the same time, it offers answers to the related criminological questions and presents statistical data provided by the Police of the Czech Republic and the Czech Ministry of Interior. The second chapter gives the reader a historical overview of this area of law mainly from the perspective of criminal law. Covering the timeframe of 1918 (when the previous legislation was adopted) until the present day, it...
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Carrying out a search of the premises where a lawyer practises the law
Hřebíček, Vladislav ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Vladislav Hřebíček: Carrying out a search of the premises where a lawyer performs the advokacy Abstract In his thesis, the author deals in detail with the issue of the execution of searches, carried out in the spaces where a lawyer performs advocacy (Art. 85b of the Code of Criminal Procedure). After describing the way of seizing evidence within the Czech criminal proceeding in the first chapter, and consequentially also the contents of the Art. 85B of the Code of Criminal Procedure, including its historical context, he deals with a detailed explanation of the crucial terms (lawyer, performing advocacy, obligation of confidentiality etc.) in the second and third chapters, paying special attention to the question of defining the space where a lawyer performs advocacy (administrative versus functional definition) and the issue of the so called "clouds". In the fourth chapter he deals with the circumstances, under which the lawyer is not bound by the obligation of confidentiality, which is a crucial question maley from the point of view of the judge deciding on replacing the approval of the representative of the Czech Bar Association with the police authority getting acquainted with the contents of the documents seized during the search. In the following, fifth, chapter, the author deals in detail with the...
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Public procurement-related crimes
Hřebíček, Vladislav ; Gřivna, Tomáš (advisor) ; Šámal, Pavel (referee) ; Musil, Jan (referee)
Public procurement-related crimes (in Czech republic) (summary of the dissertation) Vladislav Hřebíček In his paper, the author focuses on the area of public procurement-related crimes in the Czech Republic. As there has been no comprehensive coverage on the subject so far, the paper's primary ambition is to sum up the current state of knowledge while critically considering particular resources (mainly legislation and practice of courts), overlapping significantly into the area of daily practice of detecting such crimes and gathering evidence. In the first chapter, the author provides definitions for key terms and examines the term procurement from the perspectives of its legal definition as well as its interpretation based on court practice. Furthermore, the chapter specifies what is to be understood as procurement-related crime, placing this type of crime within the broader context of economic crime. At the same time, it offers answers to the related criminological questions and presents statistical data provided by the Police of the Czech Republic and the Czech Ministry of Interior. The second chapter gives the reader a historical overview of this area of law mainly from the perspective of criminal law. Covering the timeframe of 1918 (when the previous legislation was adopted) until the present day, it...
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The issue of the so called case positivism in the decision making practice of the Czech penal courts
Hřebíček, Vladislav ; Gřivna, Tomáš (advisor) ; Říha, Jiří (referee)
In his thesis, the author thoroughly deals with the issue of the co called case positivism in the Czech penal courts decision practice, i.e. an issue that so far has not been paid attention to in the professional penal law literature. The case positivism can be defined as an unwelcome phenomenon, when during their decision the courts indiscriminately apply certain interpretation conclusions, to which, in connection to the decisions in specific cases, came the previous judicial practice, while these conclusion are effectively treated as legal norms, and, as such, they therefore have influence on the result of the court decision. In the first chapter, the author deals with the sources of the case positivism, notably with the prime source, which is the legal sentence of a judicial decision, i.e. the sentence that precedes the very text of the published decision, and which is to contain the basis of the legal problem dealt with in the decision. The second chapter is dedicated to individual specific examples from the decision practice of the Czech penal courts, and the explanation of the term decontextualization of the legal sentence. In the next chapter the reason why the case positivism is an unwelcome phenomenon in the practice is dealt with thoroughly. According to the author, inter alia, it is the...
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Carrying out a search of the premises where a lawyer practises the law
Hřebíček, Vladislav ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Vladislav Hřebíček: Carrying out a search of the premises where a lawyer performs the advokacy Abstract In his thesis, the author deals in detail with the issue of the execution of searches, carried out in the spaces where a lawyer performs advocacy (Art. 85b of the Code of Criminal Procedure). After describing the way of seizing evidence within the Czech criminal proceeding in the first chapter, and consequentially also the contents of the Art. 85B of the Code of Criminal Procedure, including its historical context, he deals with a detailed explanation of the crucial terms (lawyer, performing advocacy, obligation of confidentiality etc.) in the second and third chapters, paying special attention to the question of defining the space where a lawyer performs advocacy (administrative versus functional definition) and the issue of the so called "clouds". In the fourth chapter he deals with the circumstances, under which the lawyer is not bound by the obligation of confidentiality, which is a crucial question maley from the point of view of the judge deciding on replacing the approval of the representative of the Czech Bar Association with the police authority getting acquainted with the contents of the documents seized during the search. In the following, fifth, chapter, the author deals in detail with the...
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