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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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Organized Drug Crime
Ivanov, Nikita ; Gřivna, Tomáš (advisor) ; Richter, Martin (referee)
This thesis focuses on the issue of organized drug crime. In the introduction of the thesis the terms related to this type of crime are defined, namely organized criminal group and addictive substances according to the Criminal Code. Furthermore, the introduction discusses organized crime in terms of criminology and the historical development of organized crime in the Czech Republic. The main part of the thesis is already devoted to organized drug crime. This part first describes how the perpetrators of this type of crime are organized, as well as explains the ways in which drugs can be smuggled, including the history of drug trafficking in the Czech Republic and other parts of the world. A significant part of the work is devoted to the use of information technology for drug smuggling, especially the dark web. A very interesting section in relation to the use of technology is the laundering of the proceeds of crime through cryptocurrencies, which gives an insight into the ways in which this new practice is being implemented. At the end of the main section, the thesis will give an insight into the current drug situation, summarizing the current trends in drug supply. The third chapter is devoted to the fight against organised drug crime. It describes international and national measures aimed at...
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Criminological Aspects of Organised Crime
Klusáčková, Karolína ; Scheinost, Miroslav (advisor) ; Hořák, Jaromír (referee)
Criminological Aspects of Organised Crime Abstract The aim of this thesis is to comprehend the topic of organised crime in its entirety and to create an overview that will help to understand this phenomenon in the context of the contemporary world. The thesis analyses the phenomenon primarily from the criminological point of view but also from the criminal law point of view. The thesis is divided into two parts. The first part is a general treatise on organised crime. The second part pursues organised crime in the Czech Republic. The first chapter deals with the concept of organised crime from several perspectives. In addition to the legal and criminological definition, it also explores how this concept is defined in foreign literature. Furthermore, this chapter introduces the concept of transnational organised crime, the understanding of which is crucial for current criminology. At the end of the chapter, the differences between certain types of group criminal activities are explained. The author would like to highlight significance of the second chapter, which examines the subjects of organised crime, because chapters focused on victims and perpetrators are rather sporadic in the literature on organised crime. One of the subchapters is dedicated to the criminal organisation itself - it states what types...
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Criminal Law Instruments Against Organized Crime
Ráliš, Petr ; Tejnská, Katarína (advisor) ; Bohuslav, Lukáš (referee)
This thesis is dedicated to the introduction of criminal law instruments for the fight against organized crime and their current legal regulation in the criminal law of the Czech Republic. The introductory part of the thesis is focused on briefly introducing some criminological definitions of organized crime, its definitions in selected international documents and last but not least, the definition of the organized criminal group in Czech criminal law. The second part is devoted to the legal instruments against organized crime regulated by substantive criminal law, namely the offence of participation in an organized criminal group and the issue of punishing the perpetrator of an offence committed for the benefit of an organized criminal group. The third part of the thesis describes the instruments against organized crime regulated by the criminal procedural law. First, considerable attention is paid to the interception and recording of telecommunication and the so-called "spatial interception" and the problem of its missing legal regulation in the Czech criminal law, followed by a chapter dealing with the procedural admissibility of interception as evidence in criminal proceedings. The next chapter is dedicated to operational investigative actions (i.e. pretended transfer, surveillance of persons...
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Forms of crime committed by organized crime
Hamouz, Tomáš ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
107 Forms of crime committed by organized crime - Abstract The aim of this work was to map the range of criminal offenses and other criminal acts perpetrated by perpetrators of organized crime. Members and supporters of criminal organizations commit a large number of different offenses, primarily with the intention of obtaining illegal profits. However, some actions aim at legalizing previous revenues, establishing contacts in police, justice, and public administration, or to prevent these groups from being exposed. A specific crime may have multiple meanings in the overall strategy of the organized crime subject. Such an act is committed to both profits and cover- up (eg murder, extortion). This work is divided into three parts. The first part, consisting of Chapter 1, deals with the theoretical and legal definition of organized crime and other related concepts, such as organized groups and organized criminal groups. For these characteristics, both professional treatises and legal regulations are used, including international conventions, EU legislation and the laws of the Czech Republic. This section also provides a demonstrative list of the main criminal activities of organized crime. The second part, consisting of chapters 2 and 3, focuses on the historical development of organized crime and the...
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Criminal Law Instruments in the Fight Against Organized Crime
Baranová, Soňa ; Tejnská, Katarína (advisor) ; Heranová, Simona (referee)
The aim of this Diploma thesis is to elaborate on the topic of the fight against organized crime with a focus on criminal instruments of such a fight. Organized crime is undoubtedly a unique and dynamic phenomenon that penetrates almost every area of society. Currently it is one of the most serious global risks threatening the stability, security and development of civil society. The Diploma thesis begins with the definition of terms such as organized crime, then it deals with the causes, structure, selected forms of organized crime as well as its perception in the international community. The following chapter deals with the historical development of organized crime and the context between its boom in our territory and the fall of the Iron Curtain. The third chapter is a key part of this thesis and contains a substantive regulation of the prosecution of organized crime. It defines the terms of an organized criminal group and an organized group contained in the Criminal Code, describes the offense of participating in an organized criminal group and the limits of punishing this crime. The next chapter de lege lata discusses the most effective procedural instruments for combating organized crime, in particular the operational investigative means of criminal investigation. The penultimate chapter...
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Criminological aspects of organized crime
Kovářová, Alena ; Scheinost, Miroslav (advisor) ; Hořák, Jaromír (referee)
7 Criminological aspects of organized crime Abstract The aim of this study named Criminological aspects of organized crime is mainly to provide a general insight to organized criminality as itself a systematize particular legal and social means, that are used to fight organized crime these days. Apart from the identification of the problems connected with application of certain means in practice I tried to outline possible solutions for the future that would lead to increasing the effectivity of fight with organized crime. The first chapter is focused on the general definition of organized crime and particular trait names that characterise organized crime and distinguish it from other forms of criminal activity. The second chapter called development of organized crime is dedicated mainly to historical roots of organized crime, its origin and changes through time. The most important global organized criminal groups are described in the second part of this chapter, which are an Italian Mafia, American La Cosa Nostra, Chinese triad and other. The third chapter focuses on typology of organized crime and particular internal organizational structure, their typical signs an expressions, whereas offers several means of division. In the fourth chapter, I devoted myself to the development of organized crime in the...
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Criminological and criminal aspects of organized crime in the Czech Republic
Simetová, Aneta ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The diploma thesis is concerned with the topic of organized crime in the territory of the Czech Republic, in terms of both criminological and criminal law. Chapter One describes the problems with the terminological definition of the term "organized crime", defines the characteristics of this phenomenon and their specificity in relation to other forms of criminal activity. Chapter Two focuses on the causes and developmental changes of organized crime in the Czech Republic in order to highlight the seriousness of this phenomenon. The risks of organized crime are further elaborated in Chapter Three, which aims to familiarize readers with the most frequent organized crime groups operating within the territory of the Czech Republic. The specificity of the crime committed by the organized crime groups is pointed out by using real criminal cases. In order to complete a picture of the activities and structure of the organized criminal groups operating within our territory, this chapter is interleaved with the current statistical data obtained from the Criminal Statistics System of the Czech Republic. Chapter Four focuses on the main means and institutions in the field of the fight against organized crime, their development and the way how they affect the organized crime in our territory. To this end, this...
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Forms of crime committed by organized crime
Hamouz, Tomáš ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
107 Forms of crime committed by organized crime - Abstract The aim of this work was to map the range of criminal offenses and other criminal acts perpetrated by perpetrators of organized crime. Members and supporters of criminal organizations commit a large number of different offenses, primarily with the intention of obtaining illegal profits. However, some actions aim at legalizing previous revenues, establishing contacts in police, justice, and public administration, or to prevent these groups from being exposed. A specific crime may have multiple meanings in the overall strategy of the organized crime subject. Such an act is committed to both profits and cover- up (eg murder, extortion). This work is divided into three parts. The first part, consisting of Chapter 1, deals with the theoretical and legal definition of organized crime and other related concepts, such as organized groups and organized criminal groups. For these characteristics, both professional treatises and legal regulations are used, including international conventions, EU legislation and the laws of the Czech Republic. This section also provides a demonstrative list of the main criminal activities of organized crime. The second part, consisting of chapters 2 and 3, focuses on the historical development of organized crime and the...
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Criminal Law Instruments Against Organized Crime
Danková, Katarína ; Jelínek, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee) ; Ivor, Jaroslav (referee)
This doctoral thesis is concerned with an in-depth analysis of organized crime under criminological and criminal-law aspects, taking an approach that recognizes organized crime as a multi-faceted, dynamically changing category. The importance of this issue derives, firstly, from the grave threat to society which it represents and, secondly, from the on-going international and domestic discussions of the need for better tools to eradicate it. The first part of this work conveys the nature of organized crime, and based upon an understanding of the modern forms of organized crime raises and reappraises the important substantive-law questions of its criminalization and punishment. Organized crime is inseparably associated with the most controversial institutions of procedural criminal law, namely, the institutions of the cooperating accused person, informers, agents provocateurs, and the protected witness, which in the fight against organized crime represent a serious challenge for the fundamental principles of procedural criminal law. A theoretical analysis of these issues follows, which, together with a look on the consequences of the imperfect current Czech legislation being applied in practice, highlights the need for reappraisal and reform of the current laws. The thesis takes a critical,...
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