|
|
Aspects of public procurement in context of Criminal Law
Svatoň, Michal ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
The topic of this thesis is the analysis of criminal activities related to public procurement, the analysis of individual crimes that affect public procurement, the analysis and analysis of individual means of evidence used by law enforcement agencies to detect and prove criminal activities. At the same time, the thesis deals with and analysis of selected criminal offences that are imposed in connection with criminal activities related to public procurement. The aim of the thesis is then to evaluate the possible shortcomings in the legal regulation and the proposal for modification of the legal regulation. To this end, the thesis also deals with a comparison with foreign legislation in order to possibly inspire de lege ferenda proposals. The thesis is divided into five thematic chapters. The first chapter analyses the existing regulation of public procurement with the definition of concepts crucial for the criminal law regulation of public procurement. The author also briefly makes a comparison with the previous legal regulation, taking into account the fact that the terms mentioned in the criminal regulation refer precisely to the previous legal regulation of the Public Procurement Act. For this reason, the author also compares the concepts of both the Public Procurement Act and the Public...
|
|
|
Crime of murder and killing under Section 140 and 141 of the Czech Criminal Code
Krůčková, Adéla ; Hořák, Jaromír (advisor) ; Dvořák, Marek (referee)
The title of the thesis: Crime of murder and manslaughter under section 140, 141 of the Criminal Code Abstract: This master's thesis focuses on the analysis of the crimes of murder and manslaughter under sections 140 and 141 of Act No. 40/2009 Coll., The Criminal Code. The aim of this work is a comprehensive analysis of both of these crimes and their differentiation in judicial practice, utilizing available professional literature and case law. The thesis is structured into four chapters. The first chapter describes the historical development and gradual changes in the regulation of intentional killings, ranging from the period of the first Czechoslovak Republic to the adoption of the current Criminal Code. The second chapter is dedicated to the analysis of intentional killings under the current legal framework, specifically the crimes of murder and manslaughter. These crimes are characterized in the thesis by the elements of their factual constitutions, which are thoroughly examined. The chapter distinguishes between simple murder and premeditated murder. Attention is also given to circumstances governing the application of a higher penalty. The preparation of murder is explored, as well as the delineation between mere contemplation or expression of the idea to commit the crime of murder and...
|
|
| |
|
|
The Concept of a criminal offence in the Czech Criminal Code
Novotný, Pavel ; Jelínek, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
The Concept of a criminal offence in the Czech Criminal Code Abstract The diploma thesis examines the concept of a criminal offence in Act No. 40/2009 Coll., the Criminal Code. With the enactment of the new Criminal Code, a transition from a formal- material concept of a criminal offence to a formal concept has been made. With the enactment of Act No. 40/2009 Coll., the Criminal Code, the recodification work, which had lasted almost twenty years, was completed. The most discussed topic at the time of the preparation of the Criminal Code was precisely the concept of a criminal offence. The first chapter of the thesis introduces the general regulation of the concept and conception of a crime in separate and combined form and the most important terms related to the criminal offence. The second chapter presents the development of criminal law in the Czech lands from the 19th century beginning with the Code of Crimes and Serious Police Offences, through the preparation of the outlines of the Criminal Code in 1926 and 1937 up to the Criminal Act No. 140/1961 Coll. The third chapter presents the situation after 1989 on the way to the new penal code. It describes the substantive intention of the Criminal Code, with regard to possible alternatives to the concept of a criminal offences, which was approved by the...
|
|
|
Fraud on Seniors - Prevention and Solution of the Problem in Context of Social Work
TURKOVÁ, Tereza
This bachelor thesis deals with fraud against the elderly and prevention from the perspective of social workers and police officers. The aim of the thesis is to find out what the current prevention by social workers and the Police looks like. The aim of the thesis is also to find out what kind of fraud occurs most often. The theoretical part of the thesis contains definitions of basic terms related to this topic. They were defined with the help of professional literature. The known types of under-fraud used by the perpetrators are described. The practical part was prepared in the form of qualitative research. Semi-structured interview was used as a technique. The interviews were conducted with police officers from the Press and Prevention Department of the South Bohemia Region. Furthermore, interviews were conducted with social workers working in social services focused on this issue.
|
|
|
Corruption issues concerning members of the Police of the Czech Republic
MARYŠKA, Jakub
The aim of the thesis is to characterize the legal, social and criminogenic aspects of corruption, to analyze the state of occurrence of corrupt behavior among members of the Regional Police Directorate of the South Bohemian Region, and to analyze the status and effectiveness of anti-corruption measures adopted by the Regional Police Directorate of the South Bohemian Region. Within the framework of the theoretical part, the concept of corruption, its forms, methods and development stages are defined. Other concepts related to corruption are also defined. It also describes corruption in the international context and anti-corruption bodies. Within the framework of phenomenology, the work describes the current state, structure and dynamics of criminal acts associated with corruption among members of the Police of the Czech Republic based on secondary data provided by the General Inspectorate of Security Forces. The practical part is based on primary data obtained through a questionnaire survey, which was conducted among members of the Regional Police Directorate of the South Bohemian Region. Eight hypotheses were established as part of the research. Through their verification, it was found out that the rate of corrupt behavior increases with increasing service classification, and that the frequency of the occurrence of corrupt behavior has a decreasing tendency over the last 6 years. The index of corruption of the Regional Police Directorate of the South Bohemian Region is, as expected, lower than the national index. Most police officers would not tolerate corrupt behavior among their colleagues. According to the assumption, police officers consider education in this area to be important but insufficient. In their opinion, police officers have less knowledge of the issue than was assumed, and roughly only a third of them have encountered incitement to corruption during their practice. The results of the investigation are subsequently interpreted and compared with the stated hypotheses. The contribution of the work is the detection and evaluation of the mentioned issue in the territory of the South Bohemian Region. It will also serve as an information source for organizational articles dealing with anti-corruption measures and education in this area within the Regional Police Directorate of the South Bohemian Region. The work can also be used as an auxiliary study material for university students, for example when studying in the social-legal field.
|
|
|
Public liability of members of municipal bodies in public administration decision-making process
HRUBEŠOVÁ, Patricie
The thesis focuses on the issue of public liability of persons in relation to their membership and decision-making in elected bodies of local governments. The work presents theoretical background related to the issue of public liability of individual members of municipal bodies, while these theoretical findings are further applied in the practical part, which contains the characteristics of available statistics of crimes committed by persons in this position. The overall data is then supplemented by the data obtained in fifty municipalities of the South Bohemia Region, on the basis of which the current situation and developing tendencies in this area are derived, including a demonstration of the possible negative financial impact on municipal finances. The resulting conclusions are critically evaluated with suggestions of examples of adequate responses to the current situation and its improvement in the future.
|
|
|
Crime scene reconstruction
Suková, Kristýna ; Krupička, Jiří (advisor) ; Dvořák, Marek (referee)
Crime scene reconstruction Abstract The theme of this Diploma thesis is crime scene reconstruction (also known as crime reconstruction). The author if this thesis focused primarly on Czech law. Crime scene reconstruction is type of criminalistic reconstruction. It is a forensic science discipline based on reconstruction of events and situations that occured as crime was being commited. Crime scene reconstruction is mainly used for cases of severe crime activity such as rape or muder. It was reglemented to Czech Criminal Procedure Code as one of "Special Means of Evidence" in 2001 when the so called "the big novelization" of Criminal Procedure Code took place. The other special means of evidence reglemented alongside with reconstruction were confrontation, recognition, investigation attempt and on site examination. The main aim of this diploma thesis is to thouroughly describe crime recontruction as one of the means of evidence. Leading method used in this project is the descriptive method followed by the comparative method. Finally analysis is also used in attempt to bring some new perspectives on the theme. Secondary aim of this diploma thesis is to compare reconstruction with other chosen Means of Evidence reglemented in the Criminal Procedure Code. Lastly next supporting aim is an attemt on analysis of...
|
|
|
Crime of murder and killing under Section 140 and 141 of the Czech Criminal Code
Zelenka, Michal ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
The title of the thesis: Crime of murder and manslaughter under section 140, 141 of the criminal code Abstract: This thesis focuses on the offences of murder and manslaughter under sections 140 and 141 of Act No. 40/2009 Coll., The Criminal Code. The crimes of murder and manslaughter are classified among the most serious crimes against life and both of these crimes can be subsumed under the broader term of intentional killings. The aim of this thesis is to provide a comprehensive analysis of the crimes of murder and manslaughter, with particular emphasis on demonstrating the fundamental differences between these offences and also what makes the offence of manslaughter a privileged offence over the offence of murder. The aim of this thesis is also, among the other things a brief excursion and comparison of the differences between the domestic legislation of these offences and the English legislation. The first part of the thesis deals with the development of the legal framework of intentional killings in the Czech Republic from the time of Great Moravia until the adoption of the current Criminal Code. Increased attention is then paid to the most important legal regulations, whether of later or more recent date. The second part of the thesis deals with the general characteristics of the individual...
|
|
|
Criminal law regulation of public procurement
Mikula, Tomáš ; Tejnská, Katarína (referee)
1 CRIMINAL LAW REGULATION OF PUBLIC PROCUREMENT ABSTRACT The Objective of this rigorous work is primarily to present the basic features of criminal activities related to public procurement, to analyse the offences that are either directly related to the award of public contracts or to which the Commission may The context of public procurement and, last but not least, the analysis of certain specific means of proof in the case of such offences. The Rigorous work is thematically divided into seven chapters and possibly other subchapters. The Subject of the first chapter (Generally for public procurement) is an analysis of the issue of public procurement, the definition of the concept of public procurement, the outline of the basic principles of procurement, the definition of the concept of contracting authority and Supplier and not least an analysis of the types of procurement procedures and their comparison in the framework of the former Public Procurement Act and the current Public Procurement Act. The Subject of the second chapter (Generally for criminal regulation of public procurement) is to outline the criminal law basis for the following chapters; Therefore, the introduction of offences directly related to the award of public contracts, offences which may arise in connection with the award of public...
|
guest ::
