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The imposition of penalties on the recidivism
Vltavský, Petr ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
This diploma thesis is focused to issue of imposition of penalties on crimes with sign of recidivism. This problematic is actual, important, and especially wide topic, that relates to sections from international law documents, through principals of constitution law and criminal legal regulation to sources of law that operate the legal presumptions. At the same time recidivism and following imposition of penalty affected by the passage of time and gradual historical development with social changes, that lead to evolution of application and formation of rules tied to the topic. In the introduction of thesis there are explanations and analysis of basic concepts and situations, which are related to pluralistic criminal activity. This is completed by illustrative diagrams and concrete examples for making better idea about differences between types of pluralistic criminal activity and similar cases. Thereafter the content of thesis is heading to main pillars, which connect recidivism and imposition of penalties as general aggravating circumstances, special aggravating circumstances, extraordinary increase of penalty of imprisonment or influence of recidivism to offender's classification to type of jail. There is not just strict description of regulations in force, but there is explained historical...
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The imposition of penalties on the concurrence of crimes and recidivism
Havliš, Dominik ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
This diploma thesis is devoted to the issue of imposing penalties on the pluralistic criminal activity with the focus on the two main types, which are concurrence of crimes and recidivism. The main aim of the thesis is to analyze the means of penalisation of concurrent crimes and recidivism under the current legislation. In order for the analysis of these institutes to be complete, the thesis puts an emphasis on the summarization of the present criminal law theory which is always complemented by the relevant case law. Selected institutes are further compared firstly to the previous czech legislation, secondly to the criminial code of Germany with the objective to underline that both concurrence of crimes and recidivism must be not perceived separetely, but in the context of a local criminal law as a whole, namely with respect to a specific penalty system, a method of their imposition as well as their function. The thesis also refers to some interpretative and applicational problems of some particular provisions related to concurrence of crimes or recidivism. For this reason the thesis contains practical examples to illustratively demonstrate the prior explanation so it might be possibly used for practical application. Furthermore the thesis at least marginally addresses some current topics, which...
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