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Criminal sanctions in Czech criminal law regarding the protection of children in the case of repeat offenders
Pečová, Veronika ; Richter, Martin (advisor) ; Bohuslav, Lukáš (referee)
Criminal sanctions in Czech criminal law regarding the protection of children in the case of repeat offenders Abstract The diploma thesis is devoted to the current legal regulation of protection of children against recidivist behaviour of offenders, its evaluation from the point of view of sufficiency and comparative analysis of foreign regulation. The aim of the thesis is mainly to present the current legislation, including the international legal basis on which it is based, to evaluate its sufficiency and to compare it with foreign legislation. The thesis concludes with an analysis of the government's forthcoming proposal for a sex offender registry, including an outline of its pitfalls. The sex offenders' register is now a much-discussed political topic. There are calls from both the professional and lay communities for a new regulation to help prevent the increasing relapse of offenders who commit crimes against children. The pressure from society has intensified with well-known cases in the media that have shaken society and exposed the many shortcomings of the current regulation. The political environment has responded to this impetus and discussions regarding the development of a sex offenders' register are now in their second year. However, the proposal is still not finalised as there is currently...
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Seizure of property and seizure of part of the property in the current legislation
Blažek, Jiří ; Richter, Martin (advisor) ; Vokoun, Rudolf (referee)
Criminal Code Act No. 40/2009 Coll. distinguishes criminal sanctions into penalties and protective measures. This distinction is called dualism of criminal sanctions. Protective measures are broadly subdivided into protective measures restricting personal liberty and protective measures affecting property. These 'property protection measures' have long been represented by the protective measure of seizure of property under Section 101 of the Criminal Code, which was linked to similar protective measures in previous substantive criminal law. Amendment No. 55/2017 Coll. to the Criminal Procedure Code, in response to the so-called Confiscation Directive 2014/42/EU, introduced a new protective measure of seizure of part of the property pursuant to Section 102a of the Criminal Procedure Code. An alternative solution with significant doctrinal support was considered, including the creation of a special regulation for a more comprehensive solution to the confiscation issue and a more appropriate settlement with the principles contained in general criminal law. The seizure of property serves to seize an item through which there is a threat of committing or supporting criminal activity. The seizure of part of the property, similarly to the provisions of Section 101 of the Criminal Code, aims at the...
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Criminal and criminological aspects of the phishing
Žilková, Markéta ; Gřivna, Tomáš (advisor) ; Richter, Martin (referee)
Criminal and criminological aspects of the phishing Abstract Present thesis is aimed on analysis of criminal and criminological aspects of phishing. While gathering the literature resources lack of studies systematically describing the problematic of phishing was discovered even though phishing is one of the most common cybernetical crimes and represents a significant thread for users of cyberspace. Czech literature is especially lacking studies concerning criminological aspects of phishing. This thesis is divided to two parts - criminological and criminal. This thesis presents complex description of phishing including its evolution and process of refinement. In the first part phishing as a phenomenon and also its history and types evolving with time are described. The aim of this thesis is to evaluate the trend of number of phishing attacks and to determine whether its increasing, decreasing or level. Given the human interactions in cyberspace increasing trend is expected. In the next part characteristics and motivation of offender, characteristics of the victim and possibilities of prevention are discussed. In this part mostly international sources are being used given the absence of Czech sources. In the criminal part European legislative is briefly mentioned. Nevertheless, this thesis is written in the...
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Compulsory drug and alcohol treatment - imposition and execution of residential and outpatient treatment
Filipová, Gabriela ; Fidesová, Hana (advisor) ; Šejvl, Jaroslav (referee)
Background: The bachelor thesis deals with the topic of compulsory treatment of alcohol and drug addiction in terms of the imposition and performance of residental and outpatient treatment. Alcohol and anti-toxicomania compulosry treatment is one of the protective measures that can be imposed on an offender if he/she has committed a crime under the influence of or in connection with the use of alcohol or another addictive substance. Objective: The aim of this thesis is to map the course of the compulsory drug and alcohol treatment within the residental and outpatient form, under what circumstances and after what period of time is the form of compulsory treatment changed, or other changes that the law allows. Lastly, the attitude of the professional staff towards this court-imposed measure is examined. Meethods: By transcribing the interview, the results were obtained by descriptive method. The final size of the research sample is six respondents. The information obtained from the semi- structured interview was first recorded on a dictaphone in a mobile device and then converted from spoken word to text form by verbatim transcription. A pattern capture method was used as part of the data analysis method. Results: The results show the varying performance of compulsory treatment for alcohol and drug...
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The position of security detention in the system of criminal sanctions
DVOŘÁKOVÁ, Vendula
The dissertation thesis The position of security detention in the system of criminal sanctions has a theoretical character with the aim to provide a comprehensive overview of the development, implementation and the up to date application of security detention. In connection with the study and factual analysis of the issue, the thesis was divided in several chapters. The content and meaning of some basic terms is defined in the first chapter. The second chapter reflects the development of security detention from the perspective of a broader legal comparison and the legislative process of the Act on Security detention execution. The chapter is focuses on pointing out the complexity and pitfalls of security detention development. The third chapter is devoted to the legal regulation of security detention in the current legal system and is divided into subchapters to interpret the individual legal regulations. The fourth chapter is dedicated to the personality of the offender and basic criminal liability. The fifth chapter is designed to point out the category of offenders from a medical perspective. Chapter six then deals with the application of security detention itself and the constitution in the Czech Republic describing the quality of life of inmates. The last chapter of the thesis focuses on the post-detention care itself. The interpretative analysis of primary and secondary sources showed that security detention is an inevitable part of protective measures in terms of increasing the usability of this measure and simultaneously fulfilling the capacity of security detention institutes in the Czech Republic.
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Criminal Liability of Legal Persons in the Czech Republic and in Selected Countries around the World
Březinová, Kristýna ; Tlapák Navrátilová, Jana (advisor) ; Bohuslav, Lukáš (referee)
The purpose of the Rigorosum Thesis named Criminal Liability of Legal Persons in the Czech Republic and in Selected Countries around the World is to comprehensively set forth the issue of the criminal liability of legal persons. The Rigorosum Thesis is divided into five chapters. In the first place the basic terms related to this topic are defined and also the theories of attributing criminal liability to legal persons are set forth. Subsequently the thesis examines the criminal liability of legal persons in the Czech Republic including the evolution of the legislative process and current law in force, the Act n. 418/2011Coll., on Criminal Liability of Legal Entities and Proceedings Against Them. Following chapters are dedicated to the exposition of the foreign legal frameworks, namely legislations in the common law countries and in selected European, Asian and South American countries. The Rigorosum Thesis points out the shortcomings and weaknesses of the legislations concerned and at the same time the author attempts to propose rectifications and improvements. When the legal regulations are explained, the author especially focuses on the most typical and characteristic instruments in the legal frameworks analysed as well as on the institutes, which are unknown to the Czech criminal law....
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Comparative analysis of Czech and French system of criminal sanctions and analysis of relevant French legal terminology
BRHELOVÁ, Soňa
The aim of this Bachelor thesis is to describe and compare the Czech and French system of criminal sanctions and then the analysis of appropriate legal French terminology. The thesis is divided into four big chapters whose first two are theoretical and the next two are practical. In the first two chapters the reader will be introduced into the criminal law in both countries and after that there will be enumerated the criminal sanctions in the Czech Republic and in France. The third and fourth chapters will compare both systems and sanctions and there will be an analysis of appropriate legal French terminology. The bilingual glossary is enclosed. The thesis concludes the résumé in French.
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Comparative analysis of the Czech and Italian system of criminal sanctions and of the relevant legal terminology.
METLIČKOVÁ, Kristýna
The major aim of this Bachelor thesis is the analysis of Czech and Italian systems of criminal sanctions and the sequential comparison of their differences or similarities. Main part of this thesis is also the analysis of Italian law terminology from this part of law. The work is divided into several parts. The first part deals with brief historical development and fundamental sources of criminal law in both countries. The systems of Czech and Italian criminal sanctions are explained in detail in the second part. The third and fourth parts are concerned with only several kinds of penalties and measures of protection. The detailed comparison of Czech and Italian criminal systems of criminal sanctions focused on their differences and similarities is analysed in the fifth part. Final two parts contain the analysis of relevant Italian law terminology and Italian-Czech glossary. The part of this work is also the summary in Italian language.
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