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Cooperating defendant and other institutes in the fight against organised crime
Šimková, Karolína ; Mulák, Jiří (advisor) ; Beranová, Andrea (referee)
Cooperating defendant and other institutes in the fight against organised crime Organised crime currently poses a major security risk that not only threatens the interests of individuals, but also the interests of society. For this reason, society's law enforcement authorities are pushed to investigate it quickly and effectively, and various means and instruments are enshrined in criminal law to do so. This thesis deals with the institutes in the fight against organized crime and aims to provide an insight into the means used, their legal definition and practical application, including pointing out possible shortcomings of the current legislation. The thesis first examines the definition of organised crime as such, including its existing definitions and characteristics. The issue of terrorism, which has several common and divergent features with organised crime, deserves separate attention. The second and third part of the thesis is devoted to the most important means of combating organized crime, which is the institution of the cooperating defendant. To understand all the background, the thesis first discusses the historical development of the institute and its comparison with the Crown Witness. Next, the thesis already addresses the various conditions regulated by the Criminal Procedure Code for...
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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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Methodology for investigating organized crime
Hrubá, Petra ; Musil, Jan (advisor) ; Konrád, Zdeněk (referee)
This thesis focuses on organized crime that has recently become one of the most serious global problems threatening the stability, security and development of civil society. At the beginning of the thesis, its author defines a basic term ,,organized crime" and its relation to the organized criminality. Then the author deals with the history of organized crime groups, describes the most important of the groups, and concentrates on new forms of organized crime. Furthermore, the author lists Czech and international substantive and procedural legal regulations with regard to the organized crime. Finally, the author discusses other non-legal means of the fight against the organized crime. The main part of the thesis is devoted to the methodology of investigation with a focus on specific initiatives and the subject of investigation, initial and subsequent acts, and the specific versions of investigation, planning, organization of investigation, and prevention. In greater detail, the thesis deals with methods of witnesses hearing, and especially with the legal concept of a secret witness, and protection provided to witnesses by special law, and the concept of a cooperating accused person. The thesis also analyzes operative and investigative means and other means of investigation.
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The use of an agent within a criminal procedure
Dvořák, Marek ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
1 POUŽITÍ AGENTA V TRESTNÍM ŘÍZENÍ THE USE OF AN AGENT WITHIN A CRIMINAL PROCEDURE Mgr. Marek Dvořák Rigorózní práce (2019) ABSTRACT This work deals with one of the effective tools for fighting with an organized crime, which is the use of an agent in criminal proceedings according to the § 158e of the Criminal Procedure Code. The use of an agent is one of the operative searching means that are exhaustively defined by procedural law. It is a strongly offensive instrument with very complicated legal regulation, which sometimes (as practically the only one) makes possible to obtain objective evidence directly from the complex environment of conspiratorially organized criminal groups. At the same time, the use of an agent often collides with a high standard of basic human rights guaranteed by national law and by international law as well. Therefore, this issue also requires an examination of its international aspects including the case law of the European Court of Human Rights. This thesis is divided (without an introduction and conclusion) into four major chapters. In these chapters, there are discussed all relevant issues in its entirety, including less common or controversial issues. Within the individual parts, the author is expressing his opinions de lege ferenda that should be considered. All of these...
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Surveillance of Persons and Items - Use of the Institute in Practise and its Constitutional Limits.
Slavíková, Adéla ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Surveillance of Persons and Items; Use of the Institute in Practise and its Constitutional Limits Abstract This diploma thesis primarily aims to analyze in detail legislation concerning the surveillance of persons and items in the Criminal Procedure Code of the Czech Republic. In order to present a comprehensive analysis, the thesis firstly defines the concept of Operative- Search Means and the basic conditions for their use. Subsequently, the author assesses particular aspects of the provision § 158d of the Criminal Procedure Code. The main focus is dedicated to the issue of interpretation of certain procedural norms, such as those concerning surveillance of communications between the defendant and their attorney, the covert surveillance in closed spaces, as well as those related to the highly debated issue of admissibility of surveillance records obtained in another criminal proceedings. With regard to all of these subtopics, the author presents the most prominent discourses of criminal procedural theory and practice. At the same time, the author presents her own suggestions as to how to deal with the issues at hand. The main thesis of the paper concerns the subsequent statement that the provision of § 158d of the Criminal Procedural Code regulating the surveillance of persons and items is in fact a...
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Operational and Investigative actions
Černá, Kateřina ; Tejnská, Katarína (advisor) ; Šelleng, Dalibor (referee)
1 Operational and Investigative actions Abstract Presented thesis deals with the topic of operational investigative actions specified by the Criminal Procedure Code, to which they have been incorporated with effect from 2002. The main aim of this thesis is comprehensive description of the essence and of the domestic applicable legislation of these actions, and also the analysis of possible problematic points and deficiencies. Currently, the mentioned Code in its title nine called procedure prior to initiation a criminal prosecution defines types of these actions in an enumerative way. Those types are pretended transfer, surveillance of the individuals and objects and usage of agent. The thesis itself is divided into six chapters. First chapter is focused on definition of these actions, putting them into context with so called supporting operational investigative actions defined by the Police of the Czech Republic Code, and also on the brief history of their usage in the territory of the Czech Republic. In the second chapter there is a summarization of the general conditions concerning usage of these actions, which apply to all operational investigative actions with few exceptions. Third, fourth and fifth chapter deals with particular operational investigative actions according to the order contained in the...
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The use of an agent within a criminal procedure
Dvořák, Marek ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
1 POUŽITÍ AGENTA V TRESTNÍM ŘÍZENÍ THE USE OF AN AGENT WITHIN A CRIMINAL PROCEDURE Mgr. Marek Dvořák Rigorózní práce (2019) ABSTRACT This work deals with one of the effective tools for fighting with an organized crime, which is the use of an agent in criminal proceedings according to the § 158e of the Criminal Procedure Code. The use of an agent is one of the operative searching means that are exhaustively defined by procedural law. It is a strongly offensive instrument with very complicated legal regulation, which sometimes (as practically the only one) makes possible to obtain objective evidence directly from the complex environment of conspiratorially organized criminal groups. At the same time, the use of an agent often collides with a high standard of basic human rights guaranteed by national law and by international law as well. Therefore, this issue also requires an examination of its international aspects including the case law of the European Court of Human Rights. This thesis is divided (without an introduction and conclusion) into four major chapters. In these chapters, there are discussed all relevant issues in its entirety, including less common or controversial issues. Within the individual parts, the author is expressing his opinions de lege ferenda that should be considered. All of these...
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Securing instruments and investigative means in relation to attorney's duty of confidentiality
Turnhöfer, Michal ; Říha, Jiří (advisor) ; Bohuslav, Lukáš (referee)
The present thesis addresses the issue of obtaining and gathering information in criminal proceedings which is subject to attorney-client privilege, and its subsequent use in criminal proceedings. The issue is rather complex, as de lege lata there is no comprehensive legal regulation addressing it in a satisfactory manner. The objective of the thesis is to find legally correct and fair solutions in respect of the protection of the attorney-client privilege, on the one hand, and the societal need to obtain and gather evidence effectively for the purposes of criminal proceedings, on the other hand. The thesis provides a general description of the attorney-client privilege and legal assistance, on which the attorney-client privilege is based, and it also contains specific application problems encountered in connection with the use of means of obtaining evidence and gathering criminal intelligence pursuant to the Criminal Procedure Code. Such application problems are dealt with using methods of analysis, synthesis, analogy, comparison, with the results being generalized. Last but not least, the thesis provides an outline and comparison of the relation between the attorney-client privilege and other professional privileges, focussing on the options of obtaining different types of information. The author...
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Methodology for investigating organized crime
Hrubá, Petra ; Musil, Jan (advisor) ; Konrád, Zdeněk (referee)
This thesis focuses on organized crime that has recently become one of the most serious global problems threatening the stability, security and development of civil society. At the beginning of the thesis, its author defines a basic term ,,organized crime" and its relation to the organized criminality. Then the author deals with the history of organized crime groups, describes the most important of the groups, and concentrates on new forms of organized crime. Furthermore, the author lists Czech and international substantive and procedural legal regulations with regard to the organized crime. Finally, the author discusses other non-legal means of the fight against the organized crime. The main part of the thesis is devoted to the methodology of investigation with a focus on specific initiatives and the subject of investigation, initial and subsequent acts, and the specific versions of investigation, planning, organization of investigation, and prevention. In greater detail, the thesis deals with methods of witnesses hearing, and especially with the legal concept of a secret witness, and protection provided to witnesses by special law, and the concept of a cooperating accused person. The thesis also analyzes operative and investigative means and other means of investigation.
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