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The issue of cruelty and other inappropriate treatment of animals and their protection through criminal law
Průcha, David ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The issue of cruelty and other inappropriate treatment of animals and their protection through criminal law This thesis is focused on the protection of animals against cruelty and other inappropriate treatment, and its securing through criminal law within the legal order of the Czech Republic. The aim of this work was to evaluate the current level of legislation concerning animal cruelty in the sense that it is possible, especially in criminal law, but also in administrative law, to effectively detect, sanction and prevent its recurrence in the future. The aim of this thesis was also to evaluate the changes in the protection of animals against cruelty, which occurred with the adoption of Act no. 114/2020 Coll., amending Act no. 40/2009 Coll., Penal Code, as amended, and some other laws. The content of this thesis consists of a total of 10 chapters, which are further divided into subchapters. Defining the basic terms, outlining the development of legislation on animal protection and animal Welfare in the world and in the Czech Republic, and insight into supranational legislation in the field of animal protection, both at the international level and at the level of the Council of Europe and the European Union, is the content of the first four chapters, which are not crucial for the purposes of this...
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Animal Abuse in Sociological Perspective
Obermajerová, Kristýna ; Balon, Jan (advisor) ; Šamánek, Jan (referee)
This bachelor thesis focuses on animal abuse and its possible connections with other phenomena in the society. Additionally it provides an insight into the current situation of animal abuse in the Czech Republic. This situation is then compared with the situation abroad. The first part of the thesis is focused on presenting animal abuse as an issue that is relevant to sociology, and on its inclusion in the interests of contemporary sociology. Another section of the thesis is devoted to the presentation of earlier research conducted with the aim to detect any connection between animal abuse and other violent behavior, both in terms of escalation from cruelty to animals to violence toward humans and of committing animal abuse as a consequence of experiencing domestic violence. The following part of the thesis is based on an analysis of data retrieved from articles discussing animal abuse cases that are available at news server iDnes.cz and furthermore on an analysis of data obtained from American database Pet-Abuse.com which monitors animal abuse cases. The goal of this analysis is to present the current situation of animal cruelty in the Czech Republic and to compare it with the situation abroad. Several aspects that may be associated with abuse of animals were researched: abuser's sex and age, the...
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Legal lability in the field od administrative and criminal protection of animals
Hrudičková, Anna ; Stejskal, Vojtěch (advisor) ; Derlich, Stanislav (referee)
Due to the comprehensiveness of the topic of animal protection, the thesis focuses on its specific segment - liability in tort in the field of animal protection as individuals. In the diploma thesis the term "animal" is used stricto sensu - it means individuals falling under the term "animal", as defined by the Act No. 246/1992 Coll., on the Protection of Animals Against Cruelty - ie every living vertebrate, except humans, but not the fetus or embryo. The aim of the diploma thesis is to give an explanation of tortious liability in the field of administrative and criminal law in animal protection, to critically evaluate the current legislation, identify problematic areas and suggest possible changes. The secondary goal is to present the basic scope of the primary obligations set by the Act No. 246/1992 Coll., on the Protection of Animals Against Cruelty. The diploma thesis is divided into a total of six chapters, introduced by the introduction and supplemented by the conclusion. The first chapter provides an explanation of the basic concepts that are used in the field of animal protection, such as the term "animal" and similar terms or for example term "welfare". It defines the position of animals in private and public law and presents the subsequent categorizations of animals. The second chapter...
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Criminal law protection of animals against cruelty and other inappropriate treatment
Kolář, Ondřej ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
Criminal law protection of animals against cruelty and other inappropriate treatment Abstract This diploma thesis deals with animal protection in the Czech Republic from perspective of criminal law as a legal instrument ultima ratio. Primary goal of this thesis is to analyse legal regulation in Act no. 40/2009 Coll., Penal Code, de lege lata and evaluate possibilities de lege ferenda. Within current legal regulation this thesis works with articles 302, 302a and 303 of Penal Code and the current legal regulation is compared with the previous one. Particural attention is dedicated to Act no. 114/2020 Coll., which established entirely new crime into the Czech legal system called Breeding Animals in Iappropriate Conditions and widened the listing of penalties stated in article 52 of Penal Code by penalty of prohibition of keeping and breeding animals. Particular novelties are analysed in detail and the thesis also responds to the most frequent arguments in favour and against passing the new legal regulation. Secondary goal of the thesis can be seen in sociological considerations and comparative studies. Diploma thesis consists of five chapters, which divide more minutely further. The first chapter introduces key concepts of animal protection area, mainly the term "animal". Fundamental terms are defined in...
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Legal regulation of protection of farm animals against cruelty
Váňová, Barbara ; Derlich, Stanislav (advisor) ; Pokorný, Jiří (referee)
Diploma thesis - Legal regulation of protection of farm animals against cruelty This diploma thesis on Legal regulation of protection of farm animals against cruelty divides into five chapters (excluding the introduction and conclusion). The first chapter explains the relevant terminology. The second chapter concentrates on history of animal rights and philosophical aspects of these rights as well as on animals as subjects of law. The following chapters focus on applicable relevant legislation. The third chapter deals with international animal welfare agreements and relevant EU legislation. The fourth, most important, chapter summarizes the legislation on the protection of farm animals against maltreatment in the legal order of the Czech Republic. This chapter gradually focuses on both public and private law. Finally, the fifth chapter brings a comparison of the domestic legislation on the protection of farm animals against cruelty with the legislation of the Hellenic Republic.
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Specific Problems of Sociological Research on Animal Abuse and Proposal of their Solutions
Obermajerová, Kristýna ; Cejp, Martin (advisor) ; Tuček, Milan (referee)
This diploma thesis deals with the issue of sociological research on animal abuse. It identifies the basic problems that this research has to deal with, these problems are described in detail and a solution is proposed in the form of the construction of a new research tool. Subsequently, an attempt is made to validate this newly created research tool, its weaknesses and strengths are summed up and further possible research in this area is discussed. In the theoretical part of the thesis, the problem of animal abuse is introduced in the historical context first, and then a summary of basic problems of sociological exploration of this phenomenon is presented. The final chapter of this section addresses the issue of ethical aspects of animal abuse research. The methodological part presents the design of the research, the process of construction of a new research tool and the methods and approaches used. The analytical part summarizes the knowledge obtained during the cognitive interviews that were conducted in order to validate the newly created research tool. The benefits and limitations of the new instrument are discussed and proposals are made to continue the research on this issue.
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Public law context of ownership of a dog
Putík, Miroslav ; Kopecký, Martin (advisor) ; Millerová, Ivana (referee)
A dog owner does not only have rights, but also (and mainly) a lot of obligations. One of the aims of this work was to look at different areas concerning the ownership (holding) of a dog in relation to the actual public law regulations. Particular chapters reflect possible life situations, which have (especially from a point of view of public law) an effect on coexistence with a dog and (often negative) the impact (penalties) for a dog holder. Thematic areas are addressed, for example, purchasing a dog, his vaccination and other health and life conditions, the possibility of shortening a tail or ears, the admissible conditions and methods that permit the killing of a dog or the conditions and ways to bury a dog. Further mention is made of the possibilities of travelling with a dog (and also abroad), also described are the law regulations of dog fees and the generally binding ordinances of municipalities. Deeper consideration was essential in respect of the areas concerning misdemeanours and criminal offences, which can be commited both on a dog and by a dog (incl. veterinarian demands or animal cruelty). There are follow-up chapters concerning liability for damage and compensation for damage. A part of the work is dedicated to breed specific legislation concerning breeding some (so called "fighting" or...
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Animal Abuse in Sociological Perspective
Obermajerová, Kristýna ; Balon, Jan (advisor) ; Šamánek, Jan (referee)
This bachelor thesis focuses on animal abuse and its possible connections with other phenomena in the society. Additionally it provides an insight into the current situation of animal abuse in the Czech Republic. This situation is then compared with the situation abroad. The first part of the thesis is focused on presenting animal abuse as an issue that is relevant to sociology, and on its inclusion in the interests of contemporary sociology. Another section of the thesis is devoted to the presentation of earlier research conducted with the aim to detect any connection between animal abuse and other violent behavior, both in terms of escalation from cruelty to animals to violence toward humans and of committing animal abuse as a consequence of experiencing domestic violence. The following part of the thesis is based on an analysis of data retrieved from articles discussing animal abuse cases that are available at news server iDnes.cz and furthermore on an analysis of data obtained from American database Pet-Abuse.com which monitors animal abuse cases. The goal of this analysis is to present the current situation of animal cruelty in the Czech Republic and to compare it with the situation abroad. Several aspects that may be associated with abuse of animals were researched: abuser's sex and age, the...
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