|
|
The criminal law instruments against organized crime
Šmejc, Marek ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
78 The Means of Criminal Law Dealing With Organized Crime Abstract The rigorous thesis explores the phenomenon of organized crime, examining it from criminological, criminal law, and historical perspectives in the introduction. Within the initial pages, the thesis delves into the concept of organized crime, considering various expert opinions. However, attempts to conceptually or empirically capture the phenomenon face numerous challenges due to its complexity and diverse forms. The thesis consistently emphasizes the importance of the topic, stemming from the serious threat to public interest posed by organized crime and ongoing international and national debates on the need to improve tools to combat it. The author also examines the current legal regulations, both domestic and international. The conclusion of the second chapter particularly focuses on the criminal offense of participation in an organized criminal group. Another chapter is dedicated to categorizing tools to combat organized crime into legal, institutional, and political categories. The author then delves into selected criminal law tools to combat organized crime, focusing on some of the most problematic instruments, where skepticism among certain experts is often justified. These controversial institutions of criminal procedural law,...
|
|
|
The Use of an Agent and Issues of Police Provocation
Řepíková, Kristýna ; Dvořák, Marek (advisor) ; Šelleng, Dalibor (referee)
The Use of an Agent and Issues of Police Provocation Abstract This work focuses on the use of an agent, one of the operative searching means contained in § 158e of the Criminal Procedure Code. This tool is widely used in the investigation of the most serious crimes, such as organized crime, drug trafficking, or terrorism. If the agent acts as a so- called undercover agent, which is a legally approved concept, it is ideal. The information obtained by the agent controller lawfully can be used as evidence in a specific criminal case. However, the agent controller can by his actions very easily enter the role of an agent provocateur. Police provocation has been described by the European Court of Human Rights and the Czech courts as an inadmissible technique. Its procedural effect in a concrete criminal case is the inapplicability of evidence obtained based on it, due to its absolute ineffectiveness. In this work, it is dealt with the concept of an agent and the related issues of police provocation as follows. The first chapter introduces the issue of the operative searching activity, which includes operative searching means and supporting operative searching means. This is necessary to understanding the concept of an agent. Similarly, the two remaining operative searching means, which are the pretended transfer...
|
|
|
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...
|
|
|
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...
|
guest ::
