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Detention of a person caught when committing a crime
Kročilová, Nina ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Title: Detention of person caught committing a crime Key words: Securing, a detention, suspicious person Abstract The purpose of this theses was an analysis of valid legislation of detention of a person while committing a crime and following judicature conclusions. The detention of an individual, as one of the ensuring institutes of the criminal procedure code, is one of the most important security measure immanent to the Czech laws. This measure breaches within the law the protection of personal liberty of an individual in favor of the public authority. Therefore it is necessary to pay attention to this issue and submit its regulation to the public professional debate. The resulting legislation must always reflect the principle of minimizing interference by public authority to the personal liberty of any individual, while reflecting current societal needs. The inspiration for the elaboration of this thesis was a brief insight by the author to the application practice of public prosecutor's offices and relevant police units. This thesis is divided into five chapters which are further divided into subchapters. In the first chapter the reasons for elaboration this thesis are specified in detail. The second chapter provides a general overview of the legislation of securing institutes across the Czech law. It...
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Reporting of Crimes and Significance of Reporting in Criminology
Kubínová, Aneta ; Hořák, Jaromír (advisor) ; Vokoun, Rudolf (referee)
Aneta Kubínová: Reporting of Crimes and Significance of Reporting in Criminology, 2016 Abstract: A criminal complaint is an instrument of criminal law, which allows the public to participate on suppression of crime. Furthermore, a criminal complaint is the most common mean how the criminal justice learns about committed crimes. This master thesis aims to cover the topic of reporting of crimes via a criminal complaint in the legal system in Czech Republic. The thesis is divided into six chapters. The first chapter covers the basic principles regarding the reporting of crimes in the Czech Republic. The subchapters revolve around criminal law principles relevant to the submission of the complaint, registered and latent criminality and perspective of the victim of reported crime. The second chapter studies the legislative requirements of the reporting of crimes in the Czech Republic, which is mostly regulated in the Criminal Procedure Code. The subchapters focus on a criminal complaint viewed as an incentive for criminal prosecution and on the formal and content requirements. The third chapter examines the preparatory proceedings of prosecution. The subchapters address the proceedings following the filing of a criminal complaint, the criminal investigation and introduce the reduced preparatory proceeding. The...
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Defender's participation in preliminary procedure
Blaškovanová, Veronika ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
This rigorous theme focuses on the position of defence counsel in the preliminary proceeding because the participation of the defence counsel on the criminal procedure is a contemporary topic, both from the theoretical and practical point of view. The theme of this thesis describes the development and strenghtening of the position of the defence counsel from the historical perspective as well as based on the evolution of jurisprudence. The core of the presentation theme is to define the position of the defence counsel as well as his / her rights and obligations in the preliminary proceeding. The defence counsel has guaranteed "defending" rights for all phases of the criminal proceeding due to the fact that the accused person has the right to be defended. This theme brings added value (especially from the perspective of its potencial use) to everyone due to the fact that the role of the defence counsel and his presence already in the pre-judical phase of the criminal proceeding is of vital importance not only for the proper enforcement of the right to be defended granted to the accused but also for the other phases of the criminal proceeding. Preliminary proceeding serves to verify the initial information concerning the commiting of crime and the reliability of such information, to detect a person...
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Principle of Subsidiarity of Criminal Repression
Mulák, Jiří ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
in English The submitted rigorosum thesis comprehensively discusses one of the fundamental principles of criminal law - the principle of subsidiarity of criminal repression, a plane in doctrinal, legislative, judicial and comparative. The thesis is divided into nine chapters (including introduction and conclusion). The introduction is followed by the second chapter, which deals with the central concept of constitutional theory - a democratic legal state and its attributes. In this part are mentioned principles of law and the rule of law, to a lesser extent, they are then represented the principles of a democratic state. The third chapter is made of a treatise on the fundamental principles of substantive criminal law. First is the legal-theory, explained the concept of principle (principle), formulated relationship between basic principles and functions of substantive criminal law, indicated grading system of fundamental principles and in this context it briefly discussed the basic principles, which are both constitutionally subject (the principle of legal certainty , the principle of humanism, the principle of proportionality, the principle of individual responsibility towards the whole, nullum crimen sine lege) secondly, they are regulated at the level of ordinary law (principle of individual...
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The injured person and his/her procedural rights
Kovářová, Daniela ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The theme of the thesis is the injured person and his/her procedural rights. The thesis defines the injured person, deals with his/her status in criminal proceedings and analyses his/her procedural rights. The injured person's rights are distinguished depending upon the injured person's claim against the accused person for compensation for damage caused by the criminal offense. The injured person often figures in the status of witness in criminal proceedings and he or she may also have the status of the victim pursuant the Victims of Crime Act. Therefore, the thesis focuses on the injured person's procedural rights with regard to this specific status. In the thesis there is also delineated the issue of adhesion procedure in which the court decides the injured person's claim against the accused person for compensation for damage, non-material harm or obligation to return unjust enrichment. The thesis concurrently compares the Czech legal regulation to the foreign ones - France and Germany. The thesis is divided into six chapters.
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The development of criminal punishment for homosexual activity and sodomy in the Czech republic
Davídek, Petr ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The development of criminal punishment for homosexual activity and sodomy in the Czech republic This thesis deals with the development of the criminalization of homosexual intercourse and sodomy in the Czech Republic. The aim of this work is to monitor the development of decriminalization of homosexual intercourse and, marginally, sodomy with an emphasis on the period from 1852 to the present. The work is conceived as an analysis of criminal provisions applicable during the period and at the same time monitoring the circumstances that led to decriminalization. The following are examples of punishments for homosexual conduct and sodomy as stated by selected decisions of the courts. The work is divided into an introduction, followed by the monitored period into four parts, and these parts are divided into sections and subsections, followed by a conclusion. The first part follows the historical period from antiquity to 1852, where each time period is described very briefly, with emphasis on the relevant provisions of penial laws for homosexual intercourse and bestiality. The second part follows the period between 1852 and 1961. This period is already examined in detail, with emphasis on the period of the First Republic, where there were efforts to decriminalize homosexual act and where they conducted...
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Crime of murder and manslaughter under section 140, 141 of the criminal code
Černý, Ondřej ; Hořák, Jaromír (advisor) ; Vokoun, Rudolf (referee)
Resumé The goal of this thesis is to analyse corpora delicti of the crimes of murder and manslaughter according to sections 140 and 141 of the Criminal Code, evaluate their present application by Czech courts, and to point out possible solutions to some problematic or unclarified questions. In the beginning, the thesis concerns itself with historical development of intentional homicides in the Czech country with emphasis on great codifications of 18th and 19th century. Subsequently, the interest shifts onto the question of human life as an object of intentional homicides. The core of the thesis is a thorough analysis of the crimes of murder and manslaughter, their mutual relation, and systematic incorporation in the Criminal Code. After that, there follows a short comparative assessment of the same topic in French law according to Code pénal. Then, attention is paid to developmental stages of mentioned crimes. The chosen topic is methodologically addressed in a way that every subtopic is first examined from the doctrinal theoretical point of view, and then treated in the light of judicial practice. Thus, it is presented how Czech practise of the courts interprets the written law with emphasis on terms and features that have not been used in Czech law so far. The result of this thesis is mainly the discovery...
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The principle of promptness in the criminal proceedings
Tikal, František ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
RÉSUMÉ IN ENGLISH The topic of this master thesis is the principle of promptness in the criminal proceedings because this question is nowadays the subject-matter of numerous discussions, in which it is spoken about overloaded Czech justice system, about delays in court proceedings and about options, how to relieve the system of Czech criminal justice system. The aim of the submitted thesis is to evaluate critically the current legal institutes helping to make the criminal proceedings faster, mainly the investigation of crimes, and to contemplate its potential extension, without having caused any more significant limitation of the right of the accused to defence. Among other principles, which stay often contrary to the principle of promptness and which the legislators always must bear in mind, are the principle of material truth and the principle of contradiction. The thesis is divided into seven basic chapters. The first chapter is the introduction. The second chapter deals with the meaning of promptness of criminal proceedings for each particular subject of the criminal proceedings, mainly for the accused and the injured party. Third chapter presents the statistic data on the average length of proceedings in the Czech Republic and within the European Union: the average length of criminal proceedings leaded...
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Crime of fraud, credit and loan fraud pursuant to section 209, 210, 211 and 212 of the Criminal Code
Votava, Petr ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Crime of fraud, credit and loan fraud pursuant to section 209,210, 211 and 212 of the Criminal Code Criminal code, No. 40/2009 Coll., contains the criminal offence of a fraud (Section 209) and it's special cases such as the insurance (Section 210), loan (Section 211) and subsidy fraud (Section 212), in total of four separate offences dealing with fraudulent deliquency. The author of the thesis deals with the characterization of facts of fraud. Property fraud (Section 209) is a damage crime, but the special forms of fraud have features of pre-accomplished crime (preparation of crime). Fraudster's criminal liability for insurance, loan or subsidy fraud is rather larger than criminal liability for general type of fraud. Analysis of the judicial decisions of the Supreme Court and the Constitutional Court of the Czech republic is one part of the diploma thesis. From the results of the analysis the author concludes that there is a personal criminal liability for fraud when the perpetrator sues for a fake debt. This kind of deceptive activity is an attempt of crime of the fraud. The difference between special type of fraud (insurance, loan or subsidy Sec. 210 - 212 Criminal code) and general fraud (Sec. 209 Criminal code) is evident also in the level of evidence. Culpability of fraud must comprise of the intent to...
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The concept and legal consequences of the transgression of the limits of self-defense and necessity
Baran, Zbyněk ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The concept and legal consequences of the transgression of the limits of self-defense and necessity The thesis is based on the criminal institutes of necessity and self-defense. The aim of the thesis is to analyse the concept of necessity and self-defence, set limits to those institutes, define cases of transgression of these limits and describe legal consequences of excess. The thesis is drawn as the analysis of current legislation regulating necessity and self- defense. Given that everyone can make use of these institutes, the thesis concentrates on the fact that the legislation in this matter should be comprehensible and expedient for the acting person and contains a thorough analysis of case-law. The comparative method is used to the lesser extent, Czech legislation is compared with legislation of some other European countries. A part of the thesis concentrates on the frequent de lege ferenda suggestions. In author's opinion, the enactment of these suggestions would help to promote legal certainty and extend the possibility to act in necessity and self-defense. The thesis is divided into an introduction, three main parts, which are further divided into chapters and subchapters, and a conclusion. Part one defines the concept of illegality as a requirement of commiting a crime, then the...
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