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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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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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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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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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The protection of the Republic Act from 1923 and the press legislation
Červený, Ondřej ; Adamová, Karolina (advisor) ; Soukup, Ladislav (referee)
in English In my diploma paper I am dealing with Protection of the Republic Act from 1923. When and also under what conditions this act was coming up . The next chapter is about the law as a whole and then in more details I analyse the most important enactments. After that follow analysis of updatings of this act and the next chapter is about the application of the code in the judicial practice. The second part of the thesis deals with the press legislation of the Czechoslovakian Republic and with fields of the press law. The last chapter finally analyzes press offenses contained in the Protection of the Republic Act.
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Forensic social work
Marešová, Sabina Charlie ; Krahulcová, Beáta (advisor) ; Holečková, Markéta Kateřina (referee)
This diplom thesis deals with forensic social work. It is a direction of social work, and the expression of forensic social work can be found mostly in foreign literature. The aim of this work is to define forensic social work with regard to our legal system and law 108/2006 on social services, to anchor this definition in the Czech social and legal system and to follow the development of other fields such as forensic psychology, anthropology and sociology that forensic social work is part of intrdisciplinary and international cooperation and cooperation in the forensic sciences. Part of this thesis is a qualitative research of the current practice of social work in helping an adult client who has been the victim of rape or other sexual assault.
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The crime of theft according to section 205 of Czech Criminal Code
Halašta, Martin ; Bohuslav, Lukáš (advisor) ; Gřivna, Tomáš (referee)
The crime of theft according to section 205 of Czech Criminal Code This diploma thesis focuses on crime of theft according to section 205 of the Act No. 40/2009 Coll. Criminal code. Crime of theft is the most committed crime out of them all. It is therefore possible to think that one of the causes of such a high frequency may be its inadequate regulation in the Criminal Code. For this reason, the aim of thesis was to describe and evaluate its development and propose possible changes. Thesis also includes a comparison with the foreign regulation and extensive work with the judicial case law, which significantly contributed to the completion of the individual qualified crime elements Thesis is divided into five chapters and many subchapters. The introductory chapter is devoted to the inclusion of theft into the system of property crimes. In the following section are mentioned earlier opinions on the protection of property as such and how ownership is protected today. The second chapter describes, evaluates and compares the historical development of the legal regulation of the theft with the current regulation, especially in the Czech territory. This chapter discusses how different the perception of the property protection was and over the period has been. Also, next part in this chapter is devoted to...
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