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Imposing the Punishment of Community Services by the Courts of Pilsen region
ŠIDLOVÁ, Kateřina
The objective of this diploma work was to map completely the various aspects of the community service punishment using the legal regulations applicable at the time of working on this paper as compared to the adopted Penal Code that came into force on 1 January 2010. The data collection and the set hypothesis verification in the theoretical part of the paper were carried out using a quantitative research, the method of document analysis, the technique of secondary data analysis. The qualitative part of the research used the method of questioning, the technique of standardized interview. Interviews were carried out with law court staff and probation staff during April 2010. Based on these interviews, we obtained the opinions of the professional staff of the adoption of the new Penal Code, in particular with regard to the changes this new code brings to the punishment of community service. The research has shown that the imposition of the community service punishment by the law courts in the Pilsen region does not drop {--} it still remains on the level of about 19.3 % of the total number of condemned in criminal cases. According to the interviews with judges, senior law officers and probation staff it has been found out, that the new Penal Code could facilitate the feasibility of the community service punishment with regard to mandatory preliminary negotiation, lowering the upper limit of the community service punishment length and toughening the transformation of the community service punishment. Unfortunately, even a perfect legal regulation cannot guarantee a proper function of the entire system. What is essential is the cooperation of all the bodies concerned, the correct application of legal regulations and, last but not least, the attitude of the society. We hope that the paper will serve not only as instruction material but it will be possible to use it to provide information to laic as well as professional public.
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Comunnity Service Odere in South Bohemia Region
ŠTĚCHOVÁ, Michaela
This work deal with the Community service order, its enactment given by the law no. 140/1961 Sb. (Criminal code) and 141/1961 Sb. (Code of criminal procedure) and by the changes concerning this punishment under the rule of law no. 40/2009 Sb. (Criminal code) with validity from 1.1.2010. Furthermore, the work deal with role of Probation and mediation service in verification of Community service orders with regard to routine in Southern Bohemia. In the end of the work are used a statistical data concerning the number of Community service orders in Sothern Bohemia in the years 2001-2009.
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Mediation and Probation service in the Czech Republic - The Enforcement of Community service
ADAMCOVÁ, Renata
The topic of the thesis is one of the most used alternative punishments in the Czech Republic, the community service punishment. The aim of the thesis was to evaluate the development of sentencing of this kind since its implementation to legal order of the Czech Republic, with the focus on the structure of an offender, who is imposed the sentence on, and the effectiveness of this punishment execution. Further the aim is to find out the evaluation of prepared legislative changes regarding this punishment by the workers of Probation and Mediation Service in the Czech Republic. Theoretical part outlines main thoughts of restorative justice, from which alternative punishment sentencing results. It describes the kinds of alternative punishments used in the Czech Republic; it focuses on the definition of community service punishment and its current legal regulations. It also introduces Probation and Mediation Service in the Czech Republic, first of all its activity within the execution of community service punishment and its realization. Finally, the theoretical part presents forthcoming legislative changes concerning the community service punishment. The practical part is divided into two parts. In the first part the development of sentencing and execution of community service punishment is evaluated by means of the analysis of secondary data. In the second part the workers of Probation and Mediation Service in the Czech Republic were interviewed on the basis of structured dialogues and their evaluation of prepared legislative changes in the sphere of community service punishment was found out. The thesis may serve as a general survey of these problems.
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The Seal of Lantescien in the Context of Criminal Law
KOMÁROVÁ, Vendula
The thesis provides a concise explanation of the notions of confession and the seal of confession and observance of the same by Czech Republic criminal law. The seal of confession is especially provided for by Act No. 3/2002 Coll. on churches and religious societies. In my thesis, I also address the issue of protecting other types of non-disclosure recognized by the Czech Republic. The main topic covers respecting the seal of confession in the context of criminal law. I particularly concentrate on respecting the seal of confession in relation to Sections 167 and 168 of the Criminal Code concerning failure to prevent an offence and failure to report an offence. I also take note of the duty to testify and exceptions to the same. Whereas one of the exceptions{--}prohibition of interrogation{--}does indicate protection of the seal of confession, the other{--}the right to refuse testimony{--}includes no such unequivocal protection. Generally, Czech laws do recognize the seal of confession, and it is impossible to punish observance by priests of the seal of confession.
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Unfair competition dealing of business companies.
VLAŽNÝ, Jiří
This diploma work is trying to map unfair competitive behaviour of participants in economic competition from criminal law point of view. The goal of this diploma work is formulated in the introduction. The following part is about history of unfair competition, legal protection and confrontation between criminal and civil law.The second part of this work is presenting some cases of unfair competitive behaviour which the Police Department of economic crime in South Bohemia has been dealing with. This part also includes confrontations among legal forms, upcoming codifications, considerations de lege ferenda in criminal law regulations, and statistics of unfair competition in South Bohemia and also confrontation with the statistics of the whole Czech Republic.
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The personal character of economic crime offender
MIKLOŠOVÁ, Adriana
The personal character of economic crime offender Economic crime is one of serious and frequently latent offences. Taking into account the character of offenders, the exposition of this crime is difficult and time-consuming. The range of causes, on which economic crime is based, is wide. From the global viewpoint, what is important is the change of population mentality towards consumerism, the increase of unemployment, economic crisis and a grest number of other causes that affect this situation. These crimes with a grave social appeal are in many cases caused by a well-situated and university educated upper class citizens with a good grasp of the relevant economical and judicial matters, i.e. Citizens that are not be expected to behave in this anti-social way. The aim of my diploma thesis is to create an overview, to describe, clarify and formulate in a certain way the character of economic crime offender. Closely connected to this topic are the definitions of several conceptions from these points of issue. This diploma thesis is divided into a theoretical part (with a partial overview of the development of criminal law No. 140/1961 Coll.) focused on the field of criminal law. The practical part studies the assessment and evaluation of the questionnaire method and the creation of result based on these facts. The aim of this work is to provide the reader or any person interested in this topic with the basics of economic crime and with a list of related books for additional information. Resulting from aims of this work and from the study of professional literature and statistical data, the following hypothesis was established: {\clqq}Economic crime offender is a well-situated citizen`` and {\clqq}Higher level of education results in higher ingenuity of the offence and, consequently, in higher damage caused by the offence.`` A conclusion based on questionnaire evaluation was reached and the resulting facts claim that in most cases is economic crime connected with offender´s business or working activities. Although it was partially confirmed that these offenders are usually intelligent and they tend to have at least higher education, at the same time it seems evident that economic crime is not only a field for this kind of offender. A substantial part of thes offenders has acquired its education through formal economic qualification while doing business and, at the same time, it has become evident that great losses can be caused by offenders with a lower level of education.
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The attitude of the expert and the lay public towards institut of alternative punishments.
TURKOVÁ, Petra
Globally, the turn of the 20th and 21st centuries has been a period of major reforms in criminal law which are connected with the effort to find new methods to deal with crime and to replace or at least complement some inflexible procedures in administration of criminal cases. More and more attention is being paid to alternative proceedings before the court and alternative punishments in criminal cases. The Czech Republic has not fallen behind in the developments. My work seeks to map the options of alternative punishments, with a focus on community service. My work also deals with the legal framework for punishments in form of community service in selected countries. I will also mention the institute of Probation and Mediation Service. The work also points to the prepared amendment to the Criminal Code in connection with community service punishments. The research in my work is divided into two parts. The first part is a quantitative survey of opinions of the general public and the other part is a qualitative survey of opinions of professionals, such as judges, policemen and officers of the Probation and Mediation Service. The main objective of the work is to learn about the general public attitudes to and awareness of application and implementation of alternative punishments. I tried to find out which punishments would be preferred by the general public. Another objective of this work has been to survey opinions of professionals in respect to application and implementation of alternative punishments. In the first survey three of my hypotheses have been confirmed and two have been disconfirmed. Based on results of the secod part of the survey I have devised three hypotheses. The results of my work have shown that although the general public has a certain level of awareness of the issue, the knowledge is very superficial. The general public has demonstrated a significant degree of tolerance and benevolence to persons with alternative punishments. Professionals mostly approve the existing legal framework for the alternative punishments. They find the definition of these punishments in the Criminal Code adequate and they believe that alternative punishments have been used sufficiently. The work will serve as a general overview of the issue.
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Comparison of Civil and Common law in the area of chosen criminal offences
Vojáček, Jan ; Žák, Květoslav (advisor) ; Spirit, Michal (referee)
This bachelor thesis deals with the comparison of Criminal law of two dominant legal systems. The goal of this thesis is to disclose a difference between criminal rules of law of Civil and Common law. At the beginning there is an adumbration of historical evolution of both legal systems and also reasons, why both systems evolved differently. Afterwards individual diversities of both legal systems are mentioned, mainly in the area of criminal law. Next part of the thesis is devoted to recent criminal regulations. With regard to its extensiveness, this bachelor thesis deals only with Czech and English criminal law. It also deals with the structure of division of criminal offence and solves the question, whether it is better to codify the criminal law or not. Last part of this thesis is to compare the criminal offences. This part contains six criminal offences, which interfere with many areas of human life, including murder, fraud or blackmail.
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