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Punishment of disqualification and its control
Chovancová, Anna ; Šelleng, Dalibor (advisor) ; Dvořák, Marek (referee)
Punishment of disqualification and its control Abstract The topic of the thesis is the punishment of the disqualification and its control. The main goal is to analyse the punishment of disqualification and its control in the Czech legislation and to focus on possible deficiencies but also on possibilities of correction or other legal solutions. The thesis is fact-based from the beginning with specific examples from case law to illustrate the breadth of the topic. The text of this thesis is divided into six chapters. In the conclusion I summarise the findings of the whole thesis and suggest possible solutions to the problems. The first chapter deals with the topic of punishment in general and is divided into five subchapters. The first subchapter deals with the history of punishment in general. The second subchapter is devoted to the purpose of punishment as such. The third subchapter deals with the system of punishments in Czech legislation and the fourth subchapter deals with the possible classification of punishment. The last fifth subchapter deals with the concept of alternative punishments, which defines what constitutes an alternative punishment. Alternative punishments are associated with the performance of the Probation and Mediation Service of the Czech Republic. It is an important institution that...
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The crime of theft according to section 205 of Czech criminal code
Pokorný, Tomáš ; Bohuslav, Lukáš (advisor) ; Říha, Jiří (referee)
The crime of theft according to section 205 of Czech criminal code Topic of this diploma thesis is the legislation of the crime of theft according to section 205 of the Czech Criminal Code. The aim of this diploma thesis is to conduct an analysis of the currently effective Czech legislation of the crime of theft in the Czech Criminal Code and at the same time subject legislation in fitting cases to critical evaluation or else propose it's modification. Simultaneously the aim of this thesis is to conduct analysis of the judicial practice in time of the state of emergency during COVID-19 pandemic using selected relevant judgements and alternatively subject it to criticism. Final aim of this thesis is to compare the Czech legislation of the crime of theft in the Czech Criminal Code to legislation of the crime of theft in the German Criminal Code with the aim to identify their main differences. Diploma thesis is divided into four separate chapters where individual chapters are further divided into subchapters except the first chapter. The first chapter forms introduction into social problems of the theft phenomenon. This chapter briefly defines importance and status of the crime of theft in a society considering its historical genesis. Second chapter forms the main part of the thesis consisting of the...
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The importance of basic principles of criminal procedure
Frňková, Tereza ; Mulák, Jiří (advisor) ; Beranová, Andrea (referee)
The importance of basic principles of criminal procedure Abstract This diploma thesis is devoted to the basic principles of criminal procedure and their importance in connection with the planned recodification of the criminal code. The aim is to explain the importance of basic principles for criminal proceedings and at the same time to point out the advantages and disadvantages of their valid legal regulation. Next, the proposed recodification wording of the principles is presented and compared with the current one, while an assessment is made as to whether the meaning of the basic principles changes in any way in the proposed wording. For this, it is necessary to use mainly the methods of description, analysis, comparison and synthesis. The work is divided into three chapters and sub-chapters. Chapter one outlines what the purpose of criminal proceedings is and how it relates to the basic principles. The second chapter is devoted to basic principles in general. It discusses the concept itself and further the purpose, meaning and function of principles. The sub-chapters of the third chapter report on the individual basic principles and their specific meaning in the current and proposed wording. The conclusion of the thesis is that the principles as a whole create the framework of criminal proceedings. They...
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Freedom of speech and racial extremism
Štěrbová, Lenka ; Sádovský, Stanislav (advisor) ; Stracený, Josef (referee)
Apart from the basic definitions used in the paper, the main objective of this bachelor thesis is especially mutual correlation of freedom of speech as the one of basic human rights and race extremism which is undesirable phenomenon in mature society. The first section is devoted to definition of term "freedom of speech" by means of legal regulation included both in Declaration of Fundamental Rights and Freedoms and international agreements. To specify freedom of speech exactly, it is necessary to consider its limitation in a series of documents which are also mentioned in the introductory section. The second section of the thesis is focused on the definition of another significant term often used in the thesis - race extremism. A part of this section is a smaller sub-section containing one of many cases of race attacks. The main reason for choosing this case was personal participation of the author of this thesis in the attack. The main objective of this sub-section is not only presentation of the actual case but application of theoretical knowledge in this concrete case. No other cases were chosen so that the thesis did not receive any unwanted causative contents. The next section deals with the relation between the two above mentioned terms by means of Criminal Code and its articles which...
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Insurance fraud
Vrtálek, Jan ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
12. Summary of Master's degree thesis in English Insurance fraud In my Master's degree thesis I was dealing with insurance fraud. Insurance fraud is no doubt as old as insurance itself and has been considered as part of the insurers trade risk. However, it has lately grown in importance until it has become at treat to the soundness of insurance markets. In the Czech republic, this situation has led to the adoption of legislative amendments in 1997, inserting a new section, § 250a , specifying insurance fraud, into the Criminal Code. Insurance fraud was one of the main topics of work section of insurance fraud in czech bureau of insurance. After that situation has changed. Bodies active in criminal proceedings started take this problem more seriously. People began to become aware of the seriousness of the problem. Especially how much it costs. In the beginning of my thesis I present motives to me to keep writing it and briefly describe the contents of individual chapters of the thesis. In the second part, I return to the circumstances in which the merits of the Act No. 140/1961 Coll., and briefly describe the changes as facts, which brought a new criminal code. The third part is focused on buildings criminal insurance fraud. In particular, describe in detail the various merits of individual buildings...
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The Crime of Theft under s. 205 of the Criminal Code
Vrzalová, Jana ; Bohuslav, Lukáš (advisor) ; Gřivna, Tomáš (referee)
This thesis deals with an offence of Theft under s. 205 of the Act No. 140/2008 Coll. Criminal Code. The purpose of this thesis is to analyse the offence of Theft as the most often offence in the Czech Republic common the current legislation de lege lata. It also outlines the proposal for possible amendments de lege ferenda and draws attention to problematic provisions of effective legislation. This study is divided into five main chapters; each of them consists of separate subchapters. The introductory part defines the basic legal institutes related to the Theft and the institutes of other law-related fields dealing with property protection. Chapter two is the main part of this thesis which includes the analysis of the current legislation firstly in general terms and then specifically only in relation to the crime of Theft. There are obligatory and facultative the characteristics of the merits of a criminal offence, ie the object, actus rea, the subject and the mens rea. Further the chapter deals with the second paragraph of the crime of Theft which establishes the second merits of a Theft, namely the punishment of the recidivism. The conclusion of this section deals with particularly aggravating circumstances. The following chapter illustrates similar criminal offences that have several common...
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Death Penalty in the People's Republic of China
Vítková, Kristina ; Klimeš, Ondřej (advisor) ; Hudeček, Jiří (referee)
The aim of this thesis is to evaluate the view on the death penalty problematic in contemporary People's Republic of China from the perspective of the organization China Against Death Penalty (CADP) and its founder, a human rights activist, Dr. Teng Biao. The focal point of this thesis lies particularly on one hand in the analysis of the CADP Report, a document compiled by CADP, which describes the situation tied with potential abolition of the death penalty and discusses the relevant amendments to the criminal law and criminal procedure law, on the other hand in depicting the opinions of Teng Biao and putting them in context with available English written materials on the subject of death penalty in China. The thesis begins with an introduction of Teng Biao and the CADP itself, then describes CADP's view on the current situation around the death penalty and the recent legislative changes concerning the capital punishment. The last part of this thesis speculates about the possible future development of the death penalty in Chinese cultural and legislative environment. This thesis also provides a glossary and a list of capital offences as stipulated by the Criminal Law of the PRC.
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The crime of robbery under s. 173 of the Criminal Code
Sváčková, Barbora ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The topic of this diploma thesis is a crime of robbery which is an offence under title two of chapter one of the special part of the Criminal Code as a crime against liberty (section 173 of Act No. 40/2009 Coll). Despite being one of the oldest delicts on our territory, its high severity and frequency in application render this topic particularly relevant. Not only does this thesis focus on the crime of robbery itself, as defined in section 173 of the Criminal Code, but it also addresses other legal provisions of the Criminal Code which are related to this topic. All compulsory elements of the facts of the criminal offence of robbery are scrutinized in detail - its object, objective side, perpetrator and subjective side. This thesis does not only analyze the basic form of robbery defined in subsection 1 of section 173 of the Criminal Code, but also the circumstances in which more severe penalties might be applied, as defined in other subsections of this section. Furthermore, the development stages of robbery and the participation in this crime are described and a comparison between the crime of robbery and a selection of other crimes is made. Historical development of the crime of robbery and its comparison to the foreign legislation are not omitted. The conclusion summarizes the entire thesis and...
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Imposition of punishments on adults
Pechan, Richard ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Imposition of punishments on adults Abstract This work is focused on the topic of imposition punishments on adults. The first part defines the concept and purpose of punishment. The characteristics of these concepts are a prerequisite for understanding the following chapters. Retributive, utilitarian and mixed theories of punishment are defined here. The individual functions of punishment are also described here. Another chapter is devoted to the principles of sentencing. The core of the work deals with the gradual analysis of individual criteria that the court takes into account when imposing punishments, together with issues of mitigating and aggravating circumstances. In the final part, attention is paid to the concurrence of crimes, recidivism and their punishment. This part begins with a definition of simultaneity and further elaborates on the three main principles governing the imposition of punishment. Finally, it also provides a detailed overview of the legal concepts of concurrent and aggregate sentences. The thesis is supplemented by selected judgments of the Constitutional Court and the Supreme Court. The main goal of this work is to collect and provide as much information as possible on the issue of imposition of punishments on adults, as well as to analyze the theoretical foundations of this...
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Death penalty as a response to the growing brutality of criminal offenses
Brühlová, Barbora ; Cejp, Martin (advisor) ; Munková, Gabriela (referee)
The "Death penalty as a response to the growing brutality of criminal offenses" diploma thesis discusses the increasing trend of the violent and brutal criminality and the resolution possibilities of the situation. As the main goal of this thesis, the author deals with the idea whether returning the death penalty back into our justice system would be the right response to the increasing degree of brutality of violent criminals. In the theoretical part, the term "death penalty" is explained in general, as well as its history and use. Next the thesis acquaints us with the use of the death penalty on our territory in the past and its legislative question in our history. The next part of the theoretical part is a comparison of the several past years in the development of violent criminal offenses and their brutality in the Czech Republic. The empirical part of the thesis is focused on the research of the public opinion of the citizens of the Czech Republic and the USA regarding the degree of the increasing trend of brutal criminal offenses as well as their opinion on the use of the death penalty. The development of criminality in the USA is described here, as well as the use of the death penalty there. Another point is the evaluation of the situation of the use of the death penalty in the world. The...
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