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Alternatives to unconditional imprisonment
Hrstka, Josef ; Tlapák Navrátilová, Jana (advisor) ; Říha, Jiří (referee)
Josef Hrstka: Alternatives to unconditional imprisonment Abstract The main purpose of this thesis called "Alternatives to unconditional imprisonment" lies in the evaluation of the current alternatives to unconditional imprisonment in the Czech penal law focusing mostly on the substantive aspects of alternative punishments in the narrower conception. Author tried to present proposals based on studying literature, laws, judicial decisions and comparison with foreign legislations, which could lead to improving Czech legal regulation in this area. The thesis is composed of 8 chapters. In the introductory chapter readers are informed about content of the thesis, purpose of the thesis and methods used. Next three chapters deal with topics related to the purpose and functions of punishment, the benefits of alternatives to imprisonment and factors, which counteract against the efforts to reduce prison population. Author deemed necessary to analyze purpose of punishment, before he examined specific alternatives. Author tried to show that some conception of the purpose of punishment supports the use of alternatives to imprisonment, but attention must be also paid to social and economic conditions of offenders. He pointed out that the economic advantages of alternatives must be taken only as a supportive argument not...
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Crimes related to substance abuse
Abu Dayeh, Christián ; Říha, Jiří (advisor) ; Hořák, Jaromír (referee)
Crimes related to substance abuse Criminal offences related to substance abuse are still a highly topical issue having serious social, health-related, financial and security impacts on the whole society. Since the subject is very broad, I decided to focus on substantive law of so-called drug-related crimes. The thesis is divided into eight sections. In the first one I define the basic terms that are frequently used in the thesis and whose definition is crucial for understanding the text as a whole. Second section contains historical background of the current legal form of drug- related crimes in the Czech Republic, while also some international legal rules are included as they influenced local legal development as well as many legal obligations result from them for the Czech Republic until the present. Third section covers current legislation; it contains a common introduction for individual elements of the drug-related offences as well as a broader context within the Penal Code, and it also mentions certain non-penal legislation that is closely connected to this topic. Substance of this thesis is in sections 4 - 8 describing individual elements of the drug offences. In each section there is also some part devoted to analyzing current issues. In the fourth section I deal with an act of cannabis...
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Crime relating to the abuse of addictive substances
Mandík, Jan ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The purpose of my thesis is to analyse crime relating to the abuse of addictive substances. This is a very broad topic that affects many non-legal areas such as health care or economy. It is also associated with many criminological questions. However, in my thesis I focused on drug offences stated in the Czech Criminal Code. This topic was already processed several times, yet it still remains topical since the drug scene is constantly evolving, especially thanks to advanced technologies. The thesis is composed of seven chapters and the first chapter is aimed on defining the basic terms, which I consider crucial for the understanding of the issue. In this chapter I also define the basic terminology used in the thesis. The next chapter deals with the history of the legal regulation of the abuse of addictive non-alcoholic substances. I focused especially on the national legislation and to the limited extent also on international treaties. The first act I mentioned is "Břetislav decrees" from 1039 and gradually I'm getting to the current Criminal Code. One part of the chapter is devoted to the previous Criminal Code no. 140/1961 Coll. The merit of my thesis is contained in the chapters 3 - 7. Each chapter describes one of the drug offences, which are found in the articles 283 - 287 of the Criminal Code....
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Euthanasia and its legislation
Mika, Daniel ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
The aim of this thesis is the analysis of domestic legislation affecting euthanasia and analysis of such adjustments abroad. The author questions the appropriateness of such adjustments in the Czech Republic. The current legal regulation does not regulate euthanasia in any way, and so the adoption of such regulation is appropriate. Domestic experts criticize this fact for a long time. In the first part the author deals with the most comprehensive definition of the subject of euthanasia and its development abroad and, particularly, in the Czech Republic. Other parts, using the historical-empirical methods, deal with the legal arrangements and their analysis in the Benelux countries, where the euthanasia is legal under certain given conditions. They describe not only the current treatment, but also the path that led to it. In the last section the author assesses the non-legal aspects of euthanasia and outlines two basic directions, which the domestic legislation could take in the future.
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Homosexuality in the Praxis and Discourse of Penal Law, Medicine and Civic Society from the Adoption of the 1852 Penal Code to the Adoption of the 1961 Penal Code
Seidl, Jan ; Putna, Martin (advisor) ; Sokolová, Věra (referee) ; Nečasová, Denisa (referee)
This thesis deals with changes in conceptions of homosexuality and homosexual subculture as of something basically different, as they developed from the second third of the 19th century to the second half of the 20th century among Czech lawyers and physicians, as well as with changes of self-conceptualization of the Czech homosexual subculture itself, having occurred in the same time interval. It focuses mainly on attitudes and efforts of those who aimed at contributing to social emancipation of this subculture or - in times of increased persecution of homosexuality during the Nazi occupation - on the impossibility to carry on such efforts. The thesis is divided in five parts - in the first one, the legal context which provoked the emancipation efforts in times of the 1852 Penal Code being in force (i.e. until 1950) is explained; the next four parts focus on these efforts separately in four distinct periods. Thus, the second part deals with the expansion of the modern concept of homosexual identity in the Czech lands before WWI, the third part deals with sexual reform efforts by liberal lawyers and physicians as well as on emancipatory and political efforts by the homosexual community itself in the democratic First Czechoslovak Republic (1918-1938), aiming at decriminalization of homosexual acts,...
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Crime relating to the abuse of addictive substances
Pacovský, Josef ; Bohuslav, Lukáš (referee)
Crime relating to the abuse of addictive substances The abuse of addictive substances is an issue of the whole society, which in current globalized world, considering continuous development of drug scene, still remains topical. The abuse of addictive substances, as a significant criminogenic need, relates to all kinds of different criminal offences, both those committed by addicts and those committed against them. This includes for example property crimes, crimes against life, person and health, or endangerment. Because of such wide scope of crimes related to the abuse of addictive substances, the focus of my work is on substantive regulation of so-called drug offences, which is stated in the articles 283 - 287 of the Criminal Code. The purpose of this thesis is to analyse constituent elements of the particular drug offences, coherent case-law, as well as some questionable issues related with this kind of criminal offences. It is for instance, the issue of determining the term "greater than the small amount" and regulation of making cannabis accessible for medical use. Higher consideration is given to the questions of so called growshops and the issues of the distribution of drug addiction. The thesis is divided into general part and special part. In the general part, there is a definition of some...
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Crime relating to the abuse of addictive substances
Pacovský, Josef ; Bohuslav, Lukáš (referee)
Crime relating to the abuse of addictive substances The abuse of addictive substances is an issue of the whole society, which in current globalized world, considering continuous development of drug scene, still remains topical. The abuse of addictive substances, as a significant criminogenic need, relates to all kinds of different criminal offences, both those committed by addicts and those committed against them. This includes for example property crimes, crimes against life, person and health, or endangerment. Because of such wide scope of crimes related to the abuse of addictive substances, the focus of my work is on substantive regulation of so-called drug offences, which is stated in the articles 283 - 287 of the Criminal Code. The purpose of this thesis is to analyse constituent elements of the particular drug offences, coherent case-law, as well as some questionable issues related with this kind of criminal offences. It is for instance, the issue of determining the term "greater than the small amount" and regulation of making cannabis accessible for medical use. Higher consideration is given to the questions of so called growshops and the issues of the distribution of drug addiction. The thesis is divided into general part and special part. In the general part, there is a definition of some...
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Crime relating to the abuse of addictive substances
Pacovský, Josef ; Říha, Jiří (advisor) ; Hořák, Jaromír (referee)
Crime relating to the abuse of addictive substances The abuse of addictive substances is an issue of the whole society, which in current globalized world, considering continuous development of drug scene, still remains topical. The abuse of addictive substances, as a significant criminogenic need, relates to all kinds of different criminal offences, both those committed by addicts and those committed against them. This includes for example property crimes, crimes against life, person and health, or endangerment. Because of such wide scope of crimes related to the abuse of addictive substances, the focus of my work is on substantive regulation of so-called drug offences, which is stated in the articles 283 - 287 of the Criminal Code. The purpose of this thesis is to analyse constituent elements of the particular drug offences, coherent case-law, as well as some questionable issues related with this kind of criminal offences. It is for instance, the issue of determining the term "greater than the small amount" and regulation of making cannabis accessible for medical use. Higher consideration is given to the questions of so called growshops and the issues of the distribution of drug addiction. The thesis is divided into general part and special part. In the general part, there is a definition of some...
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The crime of theft according to section 205 of Czech Criminal Code
Sedláčková, Kateřina ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The crime of theft according to section 205 of Czech Criminal Code Abstract This diploma thesis deals with the crime of theft according to section 205 of Czech Criminal Code. The aim of this report is to analyse the crime of theft and to describe its features, in order to provide its comprehensive knowledge. The work is divided into six chapters, which are then divided into individual subchapters. The first chapter deals with property criminality, whose phenomenon is theft. It is pointed out to the high frequency of theft in property criminality and also for some types of theft to the relatively low level of clarity. The second chapters deal with historical view the historical view of theft in Czech lands. The description begins in the oldest period and ends in year 1989. More space is devoted to the period after year 1945, where it is pointed out to the existence of two types of thefts, which were introduced after year 1945. The third chapter provides a view on the institution of property, which is closely related to theft. The space is mainly dedicated to the protection of property, which takes place on several levels. It is pointed out here to the international, European, and national protection of this institute. The fourth chapter could be considered crucial. The introduction to this chapter explains...
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