|
|
Criminological aspects of criminality of foreigners
Špůrková, Adéla ; Říha, Jiří (advisor) ; Hořák, Jaromír (referee)
Criminological aspects of criminality of foreigners This diploma thesis deals with the criminality of foreigners in the Czech Republic. With the development of globalisation, easier and more accessible mobility of people, but also due to war conflicts or poverty, there is naturally an increased migration of people, which brings with it, among other things, security consequences. Being a foreigner in another country has its own specifics, the most significant of which include minority status, different lifestyles, values, opinions, behaviours and customs. These and many other differences may or may not be criminogenic factors leading to foreigners committing crime. Since this is a very comprehensive topic, which cannot be fully described in one thesis, the aim of the thesis is to analyse the current state of criminality of foreigners in the Czech Republic, to define specific crimes of foreigners, which are among the most frequently clarified and to answer the question whether the crime of foreigners in our territory is increasing or decreasing. Attention is also paid to the phenomenon of organised crime of foreigners and crime related to illegal migration. The diploma thesis is systematically divided into five chapters. The first chapter is devoted to migration in general, mainly the definition of...
|
|
|
Crime of Murder and Manslaughter under Section 140 and 141 of The Criminal Code
Klíč, Jakub ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
- Crime of Murder and Manslaughter under Section 140 and 141 of The Criminal Code This master thesis aims to analyse the crimes of murder and manslaughter which are regulated under section 140 and 141 of the Czech Criminal Code. The thesis consists of six parts, which are further subdivided into chapters. The main topics of the particular parts are these: historical development, human life, euthanasia, murder, manslaughter, and comparison with Slovakia. The thesis is intended to provide the reader with a comprehensive and, simultaneously, a clear overview of the issue of intentional killings and the circumstances associated with them. An analysis of historical legislation is given in part one. It examines more closely the period of the Middle Ages and the Enlightenment, as well as the reform codifications of the 19th century. Subsequently, attention is focused on Czechoslovakia, analyzing the adjustment effective in the times of its establishment as well as during the totalitarian regime. The conclusion of the historical excursion is the present situation. The second part deals with human life, the protected object from these offences. Chapter one describes its inception, from the medical point of view (such as the fusion of male and female reproductive cells and the formation of the zygote), and...
|
|
|
The consequences of breaching the rules on evidence for the effectiveness of the evidence
Šverma, Patrik ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
1 The consequences of breaching the rules on evidence for the effectiveness of the evidence Abstract This diploma thesis deals with the issue of ineffectiveness of evidence in connection with the violation of rules on evidence. One of the two main goals of this work was to acquaint the reader with the issue, especially with the help of analysis of current legislation, the views of leading experts in criminal science and also a rich case law of the courts. The second main goal was to propose a de lege ferenda solution that could contribute to solving the most pressing problems of the current legislation. The diploma thesis is divided into six parts, including the introduction and conclusion. The first chapter provides the reader with a theoretical basis for easier understanding of this issue. It explains the basic terminology occurring in the field of evidence and the basic sources of law that will accompany the reader throughout the thesis are introduced. There is also a detailed explanation of the basic principles of criminal proceedings concerning the evidence as whole. In addition, at the end of this chapter, the stages of criminal proceedings are mentioned with a brief description of their specifics with a regard to the evidence in these specific sections. The second chapter is devoted to the concepts...
|
|
|
Internet and computer criminality
Hefka, Rostislav ; Říha, Jiří (referee) ; Hořák, Jaromír (referee)
Internet and computer criminality Summary This thesis, as its name indicates, deals with the problems of our times associated with computers and the Internet, which make it possible to commit all sorts of crimes. Computers are part of our daily life and the sphere of information and communication technologies are constantly and rapidly developing, which gives space to potential perpetrators to find new approaches. The thesis is composed of eight chapters. The opening chapter of this thesis describes the basic concepts related to computer and Internet criminality. It includes the definitions of computer criminality, cybercrime, cyberspace, as well as basic technical concepts such as computer, hardware or software. Approximation of this terminology is essential to understanding the issue. Next chapter is devoted to some illegal activities in cyberspace, which are then legally assessed. The third chapter forms the most important part of the whole thesis because it describes in details the issue of copyright violations in connection with computers. At first it generally talks about intangible goods, and after that it acquaints to readers with piracy of audio and audiovisual works and later with software piracy. It shows the most important judgments that are connected to the discussed topic and were judged at...
|
|
|
Crime of murder and manslaughter under section 140, 141 of the Criminal Code
Venc, Jan ; Hořák, Jaromír (referee)
Crime of murder and manslaughter under section 140, 141 of the Criminal Code Abstract This thesis is focused on crimes of murder and manslaughter under Act No. 40/2009 Coll., Criminal Code. The aim of the thesis is to deliver a complex analysis of crimes of murder and manslaughter under section 140, 141 of the Criminal Code and evaluate them de lege ferenda. The thesis is divided into five chapters. The first chapter is dedicated to the historical development of intentional killings regulation in the premises of today's Czech Republic. In particular, the attention is brought to the Austrian Penal Act from 1852 all the way up to the adaptation of the present Criminal Code of the Czech Republic. The second chapter is focused on actus reus of the crime of murder and manslaughter. Both of these crimes are of special significant object - the human life. This chapter's focus is also dedicated to the beginning and the end of human life from the perspective of criminal law. The third chapter focuses on the analysis of the crime of murder and its systematization under the present Criminal Code. Within this chapter, the simple murder and premeditative murder are outlined from which is murder with forethought and murder after prior consideration further defined. The significant part of this chapter is the description...
|
|
|
Criminological Aspects of Drug-Related Crime
Spišák, Anton ; Hořák, Jaromír (referee)
Criminological aspects of drug-related crime Abstract This master`s thesis deals with a number of criminological aspects and issues related to drug-related criminality, in particular with legislation that takes into account the specific impact of selected drugs. In this context the thesis analyzes the drugs` impact on secondary drug-related crime, the death rate and health of their users and additional negative social and economic consequences related to such drugs. Following the evaluation of these harmful effects the thesis proposes potential changes to policy on such drugs and compares it to policies of foreign countries on individual drugs. These changes consist of various proposals including the decriminalization or legalization of certain means of handling of individual drugs. The thesis also examines national legislation currently in force related to selected individual drugs. Its conclusions are reached through a variety of researches and statistical data. The thesis consists of eight chapters which are preceded by a brief introduction to the selected topic. The first chapter lays out basic terminology used in this thesis. The second chapter deals with historical cases of drug policies such as the Chinese policy on opium in 19th and 20th century or the prohibition in the United States between 1920...
|
|
|
Evasion of taxes, fees and other mandatory payments
Töglová, Markéta ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
This thesis describes the most commonly committed tax criminal offense i.e., the evasion of taxes, fees, and other mandatory payments pursuant to Section 240 of the Criminal Code. The goal of the thesis is to examine the problematic aspects of this criminal offense and to call attention to the discrepancies in proceedings and judgements, with special attention to substantive and procedural aspect, relevant case law of the domestic courts, and the opinion of professional public. The body of the thesis is divided into five chapters. The first two chapters introduce the substantive basis of the topic, provide a brief overview of the history of tax crimes and, last but not least, underline the importance and relevance of the whole topic using publicly available statistical data. The third chapter is focused on the mutual connection between the criminal offense pursuant to Section 240 of the Criminal Code and two selected criminal offenses. The first being the non-payment of taxes, social security contributions and similar mandatory payments pursuant to Section 241 of the Criminal Code, with a focus on the role of effective regret. Among other things, this outlines the issue following the unprecedented judgment of the Constitutional Court of the Czech Republic concerning the voluntary action of the...
|
|
|
Protective treatment and security detention
Doležalová, Kristýna ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Protective treatment and security detention Abstract The topic of the diploma thesis is protective treatment and security detention. These are two criminal sanctions and protective measures, that may be used by state as a reaction to committed criminal offence or other offence. A penalty is not in some cases adequate sanction to committed criminal offence and that is the reason why we have protective measures - to protect society and to help to the offender. The protective treatment and the security detention are mutually connected sanctions. As well, the security detention is a protective measure that is subsidiary to the protective treatment. The diploma thesis is divided into five chapters. The first chapter deals with general legal regulations of protective measures. This chapter also contains comparation between penalties and protective measures. The second chapter discuss basic terms that are used in the criminal code to lay down conditions in which the protective treatment and the security detention may be imposed. The third and the fourth chapters are the main chapters in the diploma thesis. The third chapter and the fourth chapter deal with the protective treatment and the security detention itself. These chapters are for easier orientation and comparation of both protective measures arranged in a...
|
|
|
Substance abuse crime
Šolcová, Šárka ; Říha, Jiří (advisor) ; Hořák, Jaromír (referee)
1 Abstract Crime relating to the abuse of addictive substances This thesis deals with the issue of substance abuse and criminality associated with this pathological phenomenon. Addiction and substance abuse can be considered a significant criminogenic factor, which is a common cause of traffic accidents, domestic violence, reduced self-control, increased aggression and other crime-related behaviors. Criminality related to the production, distribution and use of addictive substances covers a wide range of offenses, from trivial offenses bordering on offenses to the diverse activities of international organized crime, which can be consider a global issue. Subject matter of this thesis is to link this stated issue with fundamental knowledge about narcotic and psychotropic substances and its effects on individuals, along with their potential influence on the delinquent behavior of drug users, while providing a theoretical definition of crimes related to substance abuse and an effort to quantify this phenomenon. This thesis is devided into four parts. The introductory chapter focuses on interpreting concepts related to substance abuse, which is necessary for a comprehensive understanding of the stated issue. As a follow up to this, the second chapter deals with narcotic and psychotropic substances' fundamental...
|
|
|
The indirect perpetration
Havel, Lukáš ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
The indirect perpetration Abstract The indirect perpetration consists in the commission of a crime through another person who is not criminally responsible. In case of indirect perpetration, such a person is being misused by the indirect perpetrator as a ‚living instrument' to actually carry out the criminal act. Without the institution of indirect perpetration, it would not be possible to punish an indirect perpetrator in some cases. In dualistic systems, this legal institution seems necessary as it fills the gap generated by the principle of accessory participation and helps to overcome certain difficulties that arise from the application of criminal law in dualistic systems. Indirect perpetration is hence often indicated as a supplement to the principle of accessory participation. The aim of this diploma thesis is a detailed description of the indirect perpetration. This is also accomplished through the analysis of its historical development and the comparison of selected foreign legal systems. The work is divided into three thematic parts. The first part is devoted to the historical development of the indirect perpetration. Individual subchapters are also supplemented by relevant case law pertaining to the topic. The second part of the diploma thesis is devoted to the current concept of indirect...
|
guest ::
RSS feed.