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The principle of subsidiarity of criminal repression
Bauerová, Kristýna ; Mulák, Jiří (advisor) ; Richter, Martin (referee)
The subject of this master's thesis is the principle of subsidiarity of criminal repression, which is one of the most important principles of substantive criminal law. According to this principle, the means of criminal law can only be applied to cases that reach the required level of social harm, and at the same time, in these cases, the application of liability under another legal enactment is sufficient. The thesis is divided into three chapters, which are subdivided into subsections. In the first chapter, the basic principles of substantive criminal law and their possible relationship to the principle of subsidiarity of criminal repression are discussed in more detail. This part is followed by a definition of the concept of subsidiarity of criminal repression. The concept of ultima ratio is inextricably linked to the principle of subsidiarity of criminal repression. For this reason, a separate subsection is devoted to their mutual relationship within the first chapter of the thesis. As part of the thesis, attention is also paid to the relationship between criminal liability and liability under private and administrative law. The provision of the Criminal Code containing the principle of subsidiarity of criminal repression raises questions about its significance for the application of criminal...
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The principle of subsidiarity of criminal repression
Kolder, Adam ; Šámal, Pavel (advisor) ; Mulák, Jiří (referee)
This thesis is a compilation of selected topics related to the principle of subsidiarity of criminal repression as a guiding principle of criminal law. The text of the thesis deals with the historical development of the approach to this principle in the Czech Republic, as well as the current normative anchoring of this principle in the effective criminal legislation. Furthermore, the text pays attention to the general character of this principle, which is manifested by its interpenetration into a number of institutes of criminal law, as well as its clash with other legal principles. In the practical part of the thesis, attention is then focused on the role of the principle of subsidiarity of criminal repression as a corrective to criminal injustice, as well as on the overlaps of this principle in the field of administrative law. This part of the thesis also takes into account the current cases that occur in the public sphere in relation to the principle of subsidiarity of criminal repression. The final part of the thesis compares selected foreign approaches to the principle of subsidiarity of criminal repression. Keywords: ultima ratio, subsidiarity of criminal repression, formal concept of crime, corrective of criminal injustice
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Crime of fraud, credit and loan fraud pursuant to section 209, 210, 211 and 212 of the Criminal Code
Votava, Petr ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Crime of fraud, credit and loan fraud pursuant to section 209,210, 211 and 212 of the Criminal Code Criminal code, No. 40/2009 Coll., contains the criminal offence of a fraud (Section 209) and it's special cases such as the insurance (Section 210), loan (Section 211) and subsidy fraud (Section 212), in total of four separate offences dealing with fraudulent deliquency. The author of the thesis deals with the characterization of facts of fraud. Property fraud (Section 209) is a damage crime, but the special forms of fraud have features of pre-accomplished crime (preparation of crime). Fraudster's criminal liability for insurance, loan or subsidy fraud is rather larger than criminal liability for general type of fraud. Analysis of the judicial decisions of the Supreme Court and the Constitutional Court of the Czech republic is one part of the diploma thesis. From the results of the analysis the author concludes that there is a personal criminal liability for fraud when the perpetrator sues for a fake debt. This kind of deceptive activity is an attempt of crime of the fraud. The difference between special type of fraud (insurance, loan or subsidy Sec. 210 - 212 Criminal code) and general fraud (Sec. 209 Criminal code) is evident also in the level of evidence. Culpability of fraud must comprise of the intent to...
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The Concept of a Criminal Offence in the Czech Criminal Code
Herodesová, Lucie ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
The Concept of a Criminal Offence in the Czech Criminal Code Abstract The presented thesis deals with the matter of the concept and particularly of the conception of a criminal offence. Committing a criminal offence is an exclusive requirement for establishing criminal liability. Despite its significance for substantive and procedural criminal law, there are still both some academic and practical uncertainties concerning its conception in the criminal code in force. This thesis aims to thoroughly explore the conception of the criminal offence in the criminal code, starting from the basic theoretical questions, current legislation in force including its historical development and finally to highlight some legislative issues and its possible solutions through de lege ferenda proposals. The first chapter of this thesis concerns with the matter of defining basic concepts that the criminal offence is based on. It further deals with the theoretical models of conception and concept of the criminal offence that might be used by the legislator while creating the law and describes its strengths and weaknesses. Furthermore, it deals with its combinations. The next part of the thesis focuses on how the legal regulation of the concept and conception of a criminal offence evolved in modern codes of criminal law in our...
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Verbal hate speech and the legitimacy of its criminal punishment
Geržičák, Martin ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Verbal hate speech and the legitimacy of its criminal punishment Hate speech has been enjoying an elevated level of media attention in the last few years. These biased expressions of hate - most often verbal - targeted against specific groups of people are a manifestation of social antagonisms and as such, disturb public order and coexistence of people; furthermore, they are often associated with issues of prejudice, bias-motivated violence, xenophobia, discrimination, and extremism. Criminal punishment of this type of expression is already possible today and it can be reasonably expected to become increasingly important. The purpose of this thesis is a critical review concerning the legitimacy of criminal punishment of verbal hate speech in the Czech Republic, including identification of troublesome elements of the current legislation. Conclusions of this review shall stem primarily from the legal analysis of constituent elements of relevant crimes, commentary literature, jurisprudence and legal literature related to the topic. The first chapter aims to explain the central concepts - hate speech, verbal hate speech and the relationship between them. A closer look is given to the phenomenon which links these concepts together and, at the same time, constitutes an inherent part of them both: biased...
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Principle of Subsidiarity of Criminal Repression
Mulák, Jiří ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
in English The submitted rigorosum thesis comprehensively discusses one of the fundamental principles of criminal law - the principle of subsidiarity of criminal repression, a plane in doctrinal, legislative, judicial and comparative. The thesis is divided into nine chapters (including introduction and conclusion). The introduction is followed by the second chapter, which deals with the central concept of constitutional theory - a democratic legal state and its attributes. In this part are mentioned principles of law and the rule of law, to a lesser extent, they are then represented the principles of a democratic state. The third chapter is made of a treatise on the fundamental principles of substantive criminal law. First is the legal-theory, explained the concept of principle (principle), formulated relationship between basic principles and functions of substantive criminal law, indicated grading system of fundamental principles and in this context it briefly discussed the basic principles, which are both constitutionally subject (the principle of legal certainty , the principle of humanism, the principle of proportionality, the principle of individual responsibility towards the whole, nullum crimen sine lege) secondly, they are regulated at the level of ordinary law (principle of individual...
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The principle of subsidiarity of criminal law
Čásenský, Martin ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The main subject of this Master's thesis is the analysis of the principle of subsidiarity of criminal repression in the Czech legal order, both in historical context and the context of current legislation. This work is analysing the principle of subsidiarity of criminal repression with its relating principle 'ultima ratio' and its concept in the Czech, or more like Czechoslovakian criminal substantive law since the first half of the twentieth century till today. The principle is defined both in theoretical legal terms and the practical legal terms in the context of the Czech higher court case law analysis. In the first chapter of the presented work, the author is discussing the historical point of view at already mentioned principle which is described in more of a detail as it comes to its criminal law codexes accepted in the years 1950 and 1961.This chapter is meant to highlight the fact that a criminal act itself in this period of time - obviously taken the differences in the political arrangments of Czechoslovakia - was treated differently than it would be today, which decreased the legal reassurance of Czechoslovakians, who were 'looked after' mostly by the institute of former so-called social endangerment. It is also important to mention that this period of time used to deal with an intrusion...
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Crime of fraud, credit and loan fraud pursuant to section 209, 210, 211 and 212 of the Criminal Code
Votava, Petr ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Crime of fraud, credit and loan fraud pursuant to section 209,210, 211 and 212 of the Criminal Code Criminal code, No. 40/2009 Coll., contains the criminal offence of a fraud (Section 209) and it's special cases such as the insurance (Section 210), loan (Section 211) and subsidy fraud (Section 212), in total of four separate offences dealing with fraudulent deliquency. The author of the thesis deals with the characterization of facts of fraud. Property fraud (Section 209) is a damage crime, but the special forms of fraud have features of pre-accomplished crime (preparation of crime). Fraudster's criminal liability for insurance, loan or subsidy fraud is rather larger than criminal liability for general type of fraud. Analysis of the judicial decisions of the Supreme Court and the Constitutional Court of the Czech republic is one part of the diploma thesis. From the results of the analysis the author concludes that there is a personal criminal liability for fraud when the perpetrator sues for a fake debt. This kind of deceptive activity is an attempt of crime of the fraud. The difference between special type of fraud (insurance, loan or subsidy Sec. 210 - 212 Criminal code) and general fraud (Sec. 209 Criminal code) is evident also in the level of evidence. Culpability of fraud must comprise of the intent to...
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