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Gardianship maltreatments and offences related to it.
Trlica, Tomáš ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Guardianship maltreatment is one of the most harmful crimes to a society, but the literature is somewhat neglected about it, for example, in comparison with the offense of battering a person living in common dwelling, namely domestic violence. Even so, it devotes some attention, at least that part of the issue related to the particular child victims of this crime. Crimes against persons who are unable to care for themselves on their own and are dependent on the care of another person who subsequently hurting is the socially very harmful or even liquidation. This offense is special both in terms of characteristics of the offender, and in terms of its subject, which is a victim of this crime. The most important peculiarity is that the object of attack is a person who is in the care of another. That person is helpless, unable to care for themselves properly. This is followed by another peculiarity of this crime, which is the relationship of the perpetrator to the victim. This has to be helping the victim in dealing with matters of everyday life and be so supportive to him. Instead, he uses this dependence, helplessness and utter reliance of the victim's person and tortures him. The sad truth is that most of the crime is committed by family members of the victim, that the victim of the person closest to him to...
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The crime of dangerous stalking under Section 354 of the Criminal Code
Timoščuková, Marie ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This thesis deals with the crime of dangerous stalking under s. 354 of the Criminal Code and also with the phenomenon called stalking, which is directly linked with the merits. In introduction of the thesis is described a relationships between the concepts - crime of dangerous stalking and stalking. The thesis is composed of three large chapters - first chapter is focused on stalking from psychological viewpoint, another chapter deals with a legislation of the crime of dangerous stalking in the Czech republic and in the last part are outlined the problematic aspects related to this crime and reasoning de lege ferenda. First chapter starts with a short description of history of stalking and includes mentioning of the first cases for introduction the antistalking legislation. Than a significant part of thesis deals with perpetrators of stalking, especially with the types of perpetrators, which were been created over the whole period of time and characteristics for each type of perpetrator. Another key part deals with victims of stalking from the psychological view and also from legal context of Victims of Crime Act, and also from context of Criminal Procedure Code from the viewpoint of the rights of the victims. Another part focuses on merits of dangerous stalking, where are mentioned the options of...
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Judicial and Police Cooperation in the European Union
Coufalová, Tereza ; Jelínek, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee) ; Sváček, Jan (referee)
The criminal justice as well as the persons participating in criminal proceedings, they both are currently facing number of newly posed challenges and unanswered questions so far, due to the onward going integration of the European Union and much closer cooperation of the Member States, in the field of the Procedural Criminal Law. There have been established many new institutions within the field of the European Union in last few years and there were adopted many legal tools which directly influence the cooperation between the judicial and police authorities of individual countries. In connection with newly emerging forms of the crime and more coherent cooperation of the perpetrators of severe crime, the relevant authorities at the union level as well as at the national level encounter situations not being resolved at all, or which are specified by theoretical standards only and have not been put into practice yet. Due to the diversity and abundance of the legal tools and institutions which interfere the criminal law sphere without adjusting their mutual cooperation or without having sorted out the priority of application in many cases, the author of this thesis considers as an appropriate to have such comprehensive view to this relevant issue introduced to the specialized public, as well as having...
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Sexual coercion (section 186 of the Penal Code) and other offences against human dignity in sexual sphere
Kočí, Jakub ; Hořák, Jaromír (advisor) ; Krupička, Jiří (referee)
Sexual coercion (section 186 of the Penal Code) and other offences against human dignity in sexual sphere My diploma thesis analyzes of the sexual coercion and it also applies to comparison of the sexual coercion with the other offences against human dignity in sexual sphere, mainly with the rape and the sexual abuse. The sexual coercion is newly (since 2009) included in the Czech Penal Code, namely in the section 186 of this Penal Code. There we find seven subsection (paragraphs) of its editing. The main aim of this text is interpret individual legal signs of the elements of the sexual coercion, particularly the object, the physical elements (actus reus), the offender (the subject) and the mental elements (mens rea). I try to put this aim into context. In the beginning, I sketch of the historical evolution of the legislation of the sexual offences. After that, I deal with the criminological excursion about sexual crime (crime against human dignity). Then this text continues with the concise essay on the present legislation of the sexual offences and their classification. After that, the major part of this thesis describes some terms that are related to the sexual coercion. In this part, I try to compare Czech legislation of the sexual offences with German, Austrian and Swiss legislation, because...
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Crime and Punishment in the Eyes of Cesare Beccaria: An Analysis of an Enlightenment Penal Law Reform
Bojar, Tomáš ; Sokol, Jan (advisor) ; Wintr, Jan (referee) ; Tinková, Daniela (referee)
Crime and Punishment in the Eyes of Cesare Beccaria An Analysis of an Enlightenment Penal Law Reform The Ph.D. dissertation is centred around a relatively concise, but extremely influential book: Cesare Beccaria's treatise On Crimes and Punishments (Dei delitti e delle pene). This work, first published in 1764, sums up in a clear, yet intellectually penetrating way all the main Enlightenment principles of a complex penal law reform. In its time, the book was not only of great philosophical importance and it not only changed the way western societies perceived crime and punishment, but it also served as a concrete guideline for various penal law reformers. It is therefore by no means an overstatement to say that it caused a true paradigm shift in both legal and moral philosophy. The main aim of the thesis is to give a legal-philosophical account of Beccaria's thoughts on crime and punishment, to examine their historical as well as moral background and show the actual impact they had on the legislation of many different, mainly European states. The first chapters of the dissertation are focused on Beccaria's life, his intellectual background and his formative influences (particularly the French, English and Scottish Enlightenment, the social contract theory, utilitarianism, Montesquieu's thoughts on penal...
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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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Criminal Aspects of Pornography
Svoboda, Filip ; Gřivna, Tomáš (referee) ; Tlapák Navrátilová, Jana (referee)
Criminal Aspects of Pornography Summary The main purpose of this thesis is to introduce the phenomenon of pornography in terms of criminal law, to point out flaws in the current relevant criminal legislation in the Czech Republic and to propose a possible solution in a form of potential legislative changes. The thesis is composed of five chapters. The first chapter deals with definition issue of vague legal term of "pornography" and other related terms ("child pornography", "hardcore pornography"). Furthermore, it briefly describes attitudes to the term of pornography in the legal systems of Slovakia and the United States of America and examines the issue of so called virtual pornography. The second chapter provides an overview of the related most important international instruments such as anti-pornography treaties concluded in the early 20th century as well as modern United Nations and Council of Europe treaties and European Union legal documents aiming at combat sexual exploitation of children and child pornography. The third chapter outlines historical development of the Czechoslovak and Czech criminal regulation of pornography in the former Austro-Hungarian criminal codes, recodification draft bills from the era of the First Czechoslovak Republic, socialist criminal codes of 1950 and 1961 and later...
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Regulation of prostitution and the relating criminal aspects
Kokešová, Alžběta ; Bohuslav, Lukáš (advisor) ; Gřivna, Tomáš (referee)
Prostitution is not criminalised in the legal order of the Czech Republic, nor are the legal conditions for its practising regulated by law. Due to this approach the Czech Republic follow the abolitionist model of regulation of prostitution, which is based on penalizing the negative aspects related to prostitution, especially the criminality committed in relation to its providing, and endangering the public order, morals and health. The sole practising of prostitution is left without legal regulation and remains unresolved. This should be changed by the draft on regulation of prostitution, which is built upon the concept of regulating the prostitution as a legal business. This thesis deals with two basic sets of questions. First being the issue of regulation of prostitution and the conditions for its practising, second is the criminal law aspects of this phenomenon. The thesis is divided into seven parts according to its content. The first four parts offer the theoretical basis for the core of the thesis, which are parts five and six. Those are devoted to the mentioned basic questions. The first part characterises the nature of prostitution and offers its definition derived from the case-law. The second part gives the overview of different forms that the prostitution can acquire according to the...
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Criminal liability and sanctioning of legal entities in the Czech Republic
Gvozdek, Filip ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The substantive legal issues of the criminal liability and sanctioning of legal entities in the Czech Republic under the Act No. 418/2011 Sb., Act on Criminal Liability of Legal Entities and Proceedings Against Them (hereinafter as "the Act") that came into force on January 1, 2012 are the subject matter of this thesis. Even after four years of the effect of the Act the institute of criminal liability of legal entities still represents a very discussed and recent topic. The aim of this thesis is to analyze the chosen substantive provisions of the Act with respect to the their strengths and weaknesses. This rigorosum thesis is divided into four parts. The first part is concentrated on the arguments for and against the adoption of the Act, concepts of liability of legal entities, new principles of the criminal law and systematics of the Act. The second part deals with the scope of the Act, conditions of the criminal liability of legal entities, especially with the imputability and the possibilities of exculpation by virtue of compliance measures. The end of the second part pays attention to the transition of the criminal liability of legal entity on its legal successors and the issue of disappearance of the criminal liability of legal entities. The third part contains analysis of the sanctioning of...
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