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Cooperating Defendant
Prášek, Vojtěch ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
The thesis deals with the criminal law institute of the cooperating defendant, with the aim of analysing the current legal regulation of this institute in the Czech Republic and the practical consequences of its application by the law enforcement authorities. The thesis is divided into the four chapters. In the first chapter, the thesis focuses on organized crime in general as a socially dangerous phenomenon; in particular, the concept of organized crime is defined and the activities in which organized crime is engaged in the Czech Republic are being described. Furthermore, the author discusses all the possible legal instruments in the fight against organized crime, of which he focuses more on the interception and recording of telecommunication traffic and the use of agents. In the following chapter, the thesis focuses on the definition of the concepts of the crown witness and the cooperating witness, their mutual relationship and development. The current legal regulation of the institute of the cooperating witness in the Czech Republic is also being summarised here. The third chapter analyses the application of the institute of the cooperating witness from the initiative to use it to the imposition of punishment for persons who have been identified as the cooperating witnesses. In particular, the...
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The criminal law instruments against organized crime
Šmejc, Marek ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
78 The Means of Criminal Law Dealing With Organized Crime Abstract The rigorous thesis explores the phenomenon of organized crime, examining it from criminological, criminal law, and historical perspectives in the introduction. Within the initial pages, the thesis delves into the concept of organized crime, considering various expert opinions. However, attempts to conceptually or empirically capture the phenomenon face numerous challenges due to its complexity and diverse forms. The thesis consistently emphasizes the importance of the topic, stemming from the serious threat to public interest posed by organized crime and ongoing international and national debates on the need to improve tools to combat it. The author also examines the current legal regulations, both domestic and international. The conclusion of the second chapter particularly focuses on the criminal offense of participation in an organized criminal group. Another chapter is dedicated to categorizing tools to combat organized crime into legal, institutional, and political categories. The author then delves into selected criminal law tools to combat organized crime, focusing on some of the most problematic instruments, where skepticism among certain experts is often justified. These controversial institutions of criminal procedural law,...
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Cooperating defendant and other institutes in the fight against organised crime
Šimková, Karolína ; Mulák, Jiří (advisor) ; Beranová, Andrea (referee)
Cooperating defendant and other institutes in the fight against organised crime Organised crime currently poses a major security risk that not only threatens the interests of individuals, but also the interests of society. For this reason, society's law enforcement authorities are pushed to investigate it quickly and effectively, and various means and instruments are enshrined in criminal law to do so. This thesis deals with the institutes in the fight against organized crime and aims to provide an insight into the means used, their legal definition and practical application, including pointing out possible shortcomings of the current legislation. The thesis first examines the definition of organised crime as such, including its existing definitions and characteristics. The issue of terrorism, which has several common and divergent features with organised crime, deserves separate attention. The second and third part of the thesis is devoted to the most important means of combating organized crime, which is the institution of the cooperating defendant. To understand all the background, the thesis first discusses the historical development of the institute and its comparison with the Crown Witness. Next, the thesis already addresses the various conditions regulated by the Criminal Procedure Code for...
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Cooperating defendant
Stupková, Lucie ; Jelínek, Jiří (advisor) ; Herczeg, Jiří (referee)
- Cooperating defendant The aim of the thesis, which deals with the legislation of a cooperating defendant in the Czech Republic, is in particular to provide a comprehensive view of the institute of cooperating defendant in a broader context, to point out the shortcomings of current legislation and to propose suitable solutions de lege ferenda. In the first part, the author deals with the definition of organized crime in the criminological and criminal perspective. The thesis discusses the historical evolution of the phenomenon of organized crime, analyses individual characteristics of organized crime, shows forms of crime committed by organized crime, differs organized crime from the other forms of group criminality and deals with the problematic definition of organized crime at the international level. Further the thesis deals with provisions of the Czech law, which relate to the area of organized crime. This part of the thesis also introduces readers to the numbers of prosecuted, accused (defendants) and convicted persons of the crime of participation in an organized criminal group (before year 2010 crime of participation in a criminal organization) for the last 10 years. The second chapter pays attention to the short historical excursion to the beginnings of application of the institute of...
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Cooperating Defendant
Stýblová, Hana ; Tejnská, Katarína (advisor) ; Beranová, Andrea (referee)
COOPERATING DEFENDANT Abstract The aim of the thesis is to present and analyse the current legislation of the cooperating defendant in the Czech Republic. The thesis is divided into 6 chapters. The first part is focused on defining the terms crown witness and cooperating defendant. In the second chapter, the author deals with organized crime, because the main purpose of the institute of a cooperating defendant is to combat this phenomenon. The third chapter describes the current legal regulation of the institute of a cooperating defendant. The changes made by Act No. 333/2020 Sb. with effect from 1st October 2020 are also mentioned. The last part of this chapter is devoted to the issue of protection of a cooperating defendant in the Czech legal system. In the fourth chapter, the problematic points of the current legislation are highlighted and are followed by the de lege ferenda considerations. The fifth chapter deals with available data regarding the use of the institute of cooperating defendant in practice, i.e. specifically the frequency of use of this institute, in which crimes it occurs the most and what punishments are imposed on cooperating defendants. In the last chapter, the author deals with the institute of a cooperating defendant in the Italian legal system. It describes the legislation of the...
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Cooperating defendant
Karásková, Eva ; Tejnská, Katarína (advisor) ; Galovcová, Ingrid (referee)
Cooperating defendant Abstract This thesis on Cooperating defendant is focused on the development of this institute, its connection to organized crime and relevant international and Czech legislation. The thesis consists of the introduction, five chapters, that each presents individual topics in detail, and the conclusion. The first chapter analyses historical development of the institute of crown witness and its connection to the institute of cooperating defendant, the context of adoption of this institute into the Czech legislation and the subsequent amendment of the relevant provisions. At the same time, it summarizes the planned changes concerning the institute of cooperating defendant within the framework of recodification of criminal procedure. The second chapter analyses organized crime in connection to the institute of cooperating defendant. It focuses on the occurrence of organized crime in the Czech Republic, its specific features and legislation, the purpose of which is to fight organized crime. The third chapter is focused on the international legislation of the institute of cooperating defendant, which is mainly defined by international organizations, such as the UN, the European Union and the Council of Europe. The current legal regulation of the institute of cooperating defendant is analysed...
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Cooperating defendant
Konopa, Štěpán ; Tejnská, Katarína (advisor) ; Šelleng, Dalibor (referee)
Cooperating defendant Abstract The cooperating defendant represents a relatively new instrument of Czech criminal law, it was introduced into the Czech legal system with effect from 1 January 2010. The main purpose of this legal instrument is to fight organized crime, which is characterized by its high social danger and is extremely difficult to combat for law enforcement agencies due to the considerable sophistication of the internal hierarchy of organized criminal groups. The legal instrument consists of the cooperation of the defendant with a public prosecutor, who designates them as a cooperating defendant in the indictment in exchange for information capable of making a significant contribution to the uncovering of organized criminal groups. The cooperating defendant is rewarded for their cooperation with a mitigation of their sentence and the sentence may even be dropped altogether. The first chapter of this thesis analyzes the terms of cooperating defendant and crown witness, describes the process of introducing the legal instrument of cooperating defendant into the Czech legal system and also mentions some similar legal instruments. The second chapter deals with the current legislation, some of its shortcomings and their possible solutions. The third chapter lists some of the most important benefits...
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Cooperating defendant
Novotná, Kateřina ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The aim of the thesis is an analysis of the topical legal form of the cooperating defendant. It is divided into 5 chapters. In the first chapter there are given concepts of the crown witness and the cooperating defendant, added deliberation of de lege ferenda. In the second chapter the author gives particular principles of the prosecution and describes in what way the institution of the cooperating defendant influences them. The third chapter is devoted to the organized crime and the legal means which are applied to its prosecution. In the fourth chapter the modification of the institution of the cooperating defendant is decribed in detail. In this chapter the author points out the importance of the confession of the status of the cooperating defendant , the motivation, the verbal testimony, the protection of the cooperating defendant. Further the author takes a possible application of the institution of the hidden witness for cooperating defendant into consideration. In the last chapter the author gives cases, where an aplication of the institute of cooperating defendant is used. In the case studies the author especially aims at the testimony of cooperating defendent. The admission of the status of the cooperating defendant and what kind of punishment was given to the cooperating defendant in...
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Cooperating defendant
Musilová, Nikola ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This diploma thesis deals with the institute of Cooperating defendant. In particular, it focuses on its relation to the basic principles governing the Czech criminal proceedings, as well as selected aspects of its legal regulations. The institute of cooperating defendant has been in legal force since January 2010. Its legal regulation may be found in the legal provision 178a of the Code of Criminal Procedure. The Criminal Code contains substantive legal provisions defining the consequences related to the attainment of the cooperating defendant designation. Such consequences especially include the exceptional reduction of the length of imprisonment or even complete waiver of any sort of punishment. The institute is typically used as a tool to fight organized crime. The institute has its roots in the common law legal system from which a lot of European countries have been importing many other legal institutes, especially in the last three decades, to speed up criminal proccedings, help solve the lack of evidence and fight against organized crime which poses a threat to the society as well as the democratic state. The import of legal institutes that are otherwise typical for the common law system, however, poses many obstacles, especially because the criminal proceedings of the continental legal...
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Cooperating defendant
Stupková, Lucie ; Jelínek, Jiří (advisor) ; Herczeg, Jiří (referee)
- Cooperating defendant The aim of the thesis, which deals with the legislation of a cooperating defendant in the Czech Republic, is in particular to provide a comprehensive view of the institute of cooperating defendant in a broader context, to point out the shortcomings of current legislation and to propose suitable solutions de lege ferenda. In the first part, the author deals with the definition of organized crime in the criminological and criminal perspective. The thesis discusses the historical evolution of the phenomenon of organized crime, analyses individual characteristics of organized crime, shows forms of crime committed by organized crime, differs organized crime from the other forms of group criminality and deals with the problematic definition of organized crime at the international level. Further the thesis deals with provisions of the Czech law, which relate to the area of organized crime. This part of the thesis also introduces readers to the numbers of prosecuted, accused (defendants) and convicted persons of the crime of participation in an organized criminal group (before year 2010 crime of participation in a criminal organization) for the last 10 years. The second chapter pays attention to the short historical excursion to the beginnings of application of the institute of...
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