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Článek se zabývá trestněprávním pojmem skutku, zásadou zachování totožnosti skutku v trestním řízení a otázkami pokračování v trestném činu. Podává analýzu odborných názorů, jež se uplatňovaly v československé právní nauce od konce 50. let 20. století. Zejména se zabývá diskusí mezi Antonínem Růžkem, Vladimírem Solnařem, Vojtěchem Přichystalem a Aloisem Burdou. Pojem skutku je zásadní i pro otázku pokračujících deliktů, jejichž dílčí útoky prohlašuje § 12 odst. 12 trestního řádu, zákon č. 141/1961 Sb., za samostatné skutky. Z hledisek hmotněprávních jde o trestný čin jediný. Autoři poukazují na proměny názorů teorie a rozhodovací praxe v sousedním Německu a Rakousku, kde byla koncepce pokračujícího trestného činu v nedávné době opuštěna. The article deals with the criminal-law concept of an act, the principle of preserving the identity of an act in criminal proceedings, and the issue of continued criminal offence. It provides an analysis of the expert opinions applied in the Czechoslovak legal doctrine from the late 1950s. The article namely focuses on the discussion among Antonín Růžek, Vladimír Solnař, Vojtěch Přichystal, and Alois Burda. The concept of an act is essential also with respect to continuing torts, the partial attacks of which are deemed individual acts according to Section 12(12) of Act No. 141/1961 Coll., the Code of Criminal Procedure. From the perspective of substantive law, the same constitutes a single criminal offence. The authors point to the changing views in theoretical and decision-making practice in neighbouring Germany and Austria where the concept of a continuing criminal offence was recently abandoned.

English abstract Legal and Criminological Aspects of Intentional Homicide JUDr. Jaromír Hořák The study explores selected problems on the subject of intentional homicide that has key importance in terms of differentiation of these delicts through the introduction of privileged and qualified factums of crime. Until recently, all cases of intentional homicide except of infanticide were considered "murder" under article No. 219 of the former Czechoslovak criminal code of 1961. The new Czech penal code passed in 2009 replaces this uniformed conception by a terminological bipartition of "murder" and a less grave crime of "manslaughter", defined as committed in an excusable state of sudden strong mental agitation or as motivated by previous damnable actions of the victim. Furthermore, the new penal code returns to the traditional distinction between "simple murder" and "murder committed with aforethought or after premeditation". The study endeavors to present a comprehensive commentary on the elements of this new system of homicide law. Therefore it examines the cases of intentional killings committed in a state of a strong non- pathological affect (agitation), further it deals with the issue of provocation of the offender by the victim and eventually it concentrates on the qualifying criteria of premeditation....

Indirect perpetration Abstract This thesis deals with the institute of indirect perpetration, mainly focusing on the Czech substantive regulation of this institute of criminal law. The aim of this thesis is to provide a detailed interpretation of the concept of indirect perpetration not only in the context of the current legislation, but also in the historical context. Emphasis is also placed on the analysis of problematic aspects of indirect perpetration, as well as comparison with other important institutes of criminal law. The thesis is divided into four chapters. The first chapter deals with a historical perspective on indirect perpetration, and for this purpose the chapter is divided according to the effectiveness of past criminal codes. Within this chapter, the views and perspectives of the criminal law theorists of the time on the institute of indirect perpetration are thoroughly described and then compared, as these views often differed in many aspects. Attention is also paid to the background of the adoption of the new Criminal Code, and the related issue of incorporating the examined institute of indirect perpetration directly into the text of the law. The second chapter is devoted to the perpetrator of the offence and to the conditions of his criminal liability. This part of the thesis is also...

1 The crime of money laundering Abstract This Master's thesis on the topic of legalisation of proceeds of crime aims to offer a complex analysis of the problematic aspects of this crime in its narrower sense, under the provisions of section 216 (2) and its negligence form in Section 217 (1) of the Criminal Code. The thesis in its opening part focuses on the terminology used in Czech law and the differences between the terms "legalisation of proceeds of crime" and "money laundering" and explains why it tends to use the latter term. The second part of the thesis is focused on the historical evolution of this crime in Czech criminal law and explains reasons for its incorporation in the old Criminal Code, and all the changes this crime has gone through, during the time in which the old Criminal Code was effective. The following part of the thesis focuses on the evolution of the crime of money laundering in the currently effective Czech Criminal Code with a special focus on the most recent amendment, which resulted in the merger of crimes of money laundering and crime of participation on the proceeds of crime in the Section 216 of the Criminal code. The third chapter of the thesis is focused on the most important international organisations and international documents which have built the foundations of...

Imposing Punishments in Czech and Polish Legislations Abstract The comparison of the legal systems of individual states is an important source of inspiration for the further development of legislation. In my work I compare the legal regulation of punishments in the Czech Republic and in Poland, namely those of them which both Czech and Polish legal systems refer to as punishments. These are Czech fines, community service, imprisonment, and an exceptional sentence together with their Polish equivalents. The aim of the thesis is to find inspiration and stimuli for de lege ferenda considerations for further development of Czech criminal law by comparing Czech and Polish regulation of punishments, as well as the types of punishments most often imposed by courts in both countries. In the first part of the work I deal with the systems of criminal sanctions in both states in order to introduce the context for the subsequently analysed punishments. Furthermore, each part is devoted to one type of punishment and a comparison of its regulation in the Czech Republic and Poland. The second part is devoted to the Czech fine and the Polish sentence of grzywna, the third part to the Czech community service and the Polish sentence of imprisonment, the fourth part is related to the regulation of imprisonment, and the fifth...

The submitted master thesis deals with the issue of regulation of participation in a criminal offence, i.e. criminal liability of persons who participated in a criminal offence, as a wide range of perspectives on the question of how to build a system of criminal liability of persons participating in a criminal offence can be observed across legal systems. Thus, the primary aim of this thesis was to analyse the current legal regulation of participation in the Czech Republic, which allowed to identify the strengths as well as the problematic points of the Czech regulation. Since an integral part of the analysis is a de lege ferenda perspective, the logical outcome is to compare the results of the analysis with the regulation of participation in France and to look for intersections and differences between the two regulations. The thesis is internally divided into 4 chapters. The first chapter provides a general introduction to the issue of criminal complicity, i.e. it includes the definition and differentiation of participation and other forms of criminal complicity, which has led to the creation of a working framework within which the issues of the following chapters will be analysed. The second chapter is devoted to two theoretical approaches to the regulation of participation, namely monistic and...

CHARLES UNIVERSITY Faculty of Law Anastasija Levina Criminalistics Study of Crime Victims (Criminalistics Victimology) Diploma thesis Abstract The Supervisor of Diploma thesis: Prof. JUDr. Jan Musil, CSc. Department of Criminal Law Date of elaboration of Diploma thesis (closing the manuscript): 03. 05. 2023 Criminalistics Study of Crime Victims (Criminalistics Victimology) Abstract This diploma thesis addresses the issue of Criminalistics Victimology, in other words Criminalistics Study of Crime Victims. It provides a brief insight into what victimology and criminalistic victimology is; whether (and how) we can determine who is a potential victim and what factors increase this risk; what types of victims there are and what is the difference between thw victim described in the Act on Victims of Crime and in Criminal Procedure Code. It also discusses purely legislative regulation. In the context of the Czech Republic, it conducts a historical excursus about how it was regulated before the adoption of Act No. 45/2013 Coll., on Victims of Crime, and gives an insight into the systematics of this Act and what it regulates. It provides information on the most important regulations governing the position of the victim in the international field. This thesis also provides insight into the analogous legislation of...

The issue of the crime victim in criminology Abstract This thesis deals with the issue of the crime victim in criminology. It aims to introduce the reader to this issue not only through describing the development of the view of the victim throughout history, but also by taking the reader through the process of victimization and introducing them to, among other things, the role that the victim's behaviour or the relationship between victim and offender may play in this process. I also outline what factors can influence anyone to become a victim and the impact a crime can have on a victim. Finally, I describe the current state of victim protection in selected legislation and the types of assistance provided to victims. I also pay attention to victimological prevention, its types and forms. In the text of the thesis, I also mention several de lege ferenda proposals. The method I have used in my thesis is mainly descriptive and analytical. This thesis is divided into an introduction, five additional parts, which are then divided into chapters and some into sections, and a conclusion. The first part is devoted to the definition of criminology and then victimology, its subject, a brief history of its development and the changing view of the victim. It also looks at the concept of the victim in criminology and the...

The topic of the diploma thesis is the role of the public prosecutor in criminal proceedings. The Public Prosecutor's Office operates across the entire criminal procedure and is entrusted with partial powers in other types of proceedings, while this work deals with the public prosecutor's powers in criminal proceedings. The work describes in general terms the task of a public prosecution, the form and powers of the public prosecutor's office, as well as the procedure of the public prosecutor in the individual phases of criminal proceedings. The thesis has three thematically organized parts and these are divided into ten chapters, with the first part of the thesis divided into five chapters, the second part into three chapters and the third part into two chapters. The first chapter explains the concept of public prosecution and its history in the territory of the current Czech Republic. The second chapter is devoted to foreign forms of public prosecution and special units of public prosecution. The third chapter is devoted to the legal regulations governing the public prosecutor's office. The fourth chapter presents the public prosecutor's office system, supervision and disciplinary responsibility of public prosecutors. The fifth chapter provides an overview of the powers of the public prosecutor's office in...

Criminological Aspects of Organised Crime Abstract The aim of this thesis is to comprehend the topic of organised crime in its entirety and to create an overview that will help to understand this phenomenon in the context of the contemporary world. The thesis analyses the phenomenon primarily from the criminological point of view but also from the criminal law point of view. The thesis is divided into two parts. The first part is a general treatise on organised crime. The second part pursues organised crime in the Czech Republic. The first chapter deals with the concept of organised crime from several perspectives. In addition to the legal and criminological definition, it also explores how this concept is defined in foreign literature. Furthermore, this chapter introduces the concept of transnational organised crime, the understanding of which is crucial for current criminology. At the end of the chapter, the differences between certain types of group criminal activities are explained. The author would like to highlight significance of the second chapter, which examines the subjects of organised crime, because chapters focused on victims and perpetrators are rather sporadic in the literature on organised crime. One of the subchapters is dedicated to the criminal organisation itself - it states what types...

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...

Crime Reporting and its Criminological Significance Abstract The subject of this thesis is the interdisciplinary issue of crime reporting and related latent criminality, especially from the criminological, victimological and criminal-positive perspective. The diploma thesis is divided into four parts that as a whole are intended to answer the question whether the Czech legislation is sufficiently effective in contributing to the achievement of low figures of latent criminality. The first part is devoted to the definition of the key concepts of this thesis and the question of what are the most common factors determining the decision of certain persons to report a crime to law enforcement authorities. The answers to this question are then provided mainly by the examination of the fields of criminology and victimology. In the second part I examine in detail the criminal law regulation of the institution of crime reporting. This part contains chapters on the procedure prior to the initiation of a criminal prosecution, the filing of a criminal complaint itself and its significance, and the actions of law enforcement authorities related to the filing of a criminal complaint. In this part I also deal with the issue of the general and special obligation to report, the institutes of the Criminal Procedure Code...

Current issues of criminal liability for tax reduction Abstract This thesis is focused monothematically on the crime of tax, fee and similar mandatory payment reduction under § 240 of the Criminal Code. The main goal of this thesis was to focus on current issues related to criminal liability for this crime, which is, even according to results of the statistics presented in this thesis, the most significant tax crime. As the introduction to this thesis, the sources of tax criminal law were presented and the tax system was also described. The second part of the thesis was devoted to a detailed analysis of the individual elements of the crime of tax, fee and similar mandatory payment reduction, while the main problem was identified as the subjective aspect and its burden of proof. Attention was also paid to the extent of tax cuts and the related continuation of the crime. An equally important element related to the criminal liability for this criminal offense is the qualified factual basis, to which a separate chapter has been devoted, in which, as in the previous ones, the assessment of these issues in the context of current case law, is emphasised. The following chapters deal with the issue of effective remorse and the principle of ne bis in idem, which has received a great deal of attention in recent years...

1 Abstract The thesis deals with selected procedural issues of criminal proceedings against legal persons, especially those procedural institutes that are controversial in theory or application. The aim of this thesis is to point out and analyse these procedural shortcomings, which stem not only from the strict legal regulation of Act No. 418/2011 Coll., on criminal liability of legal persons and proceedings against them. To this end, the legal regulation is evaluated and the author bases his interpretation on the opinions of the professional public. To achieve this goal, the method of description, analysis, including linguistic interpretation is used. This thesis is divided into 4 parts in which the author elaborates on the procedural aspects of criminal proceedings against legal persons. The introductory part describes the basic concepts that are necessary to grasp the procedural issues and without which the interpretation would not be complete. The second part is devoted initially to the substantive law institute of "evolving from criminal liability" of a legal person, which, however, has an overlap into the procedural law context and thus deals in detail with the problem of shifting the burden of proof to a legal person, and in its conclusion states that it cannot be accepted in criminal proceedings...

Recently, a documentary called "Caught in the net" appeared in Czech cinema, which opened up the ignored topic of sexual abuse of children. So the subject of my thesis is to expand above mentioned topic. The thesis itself is divided into a theoretical part and a practical part, where the theoretical part deals with the analysis of individual sexual crimes committed against children, as defined by the third chapter of the special part of the Criminal Code. In the context of the above-mentioned documentary film "Caught in the net" - it is necessary to point out the term of cybergrooming, which is a relatively new observable way of committing a sex crime via the internet, which is related to the crime of establishing illegal contact with a child under § 193b of the Criminal Code. The facts of the case of this crime is fulfilled at the moment when the offender proposes a personal meeting to a child under fifteen years of age, in connection with the specific intention to commit the crime of sexual abuse according to § 187 par. 1 of the Criminal Code, production and other handling of child pornography according to § 192 of the Criminal Code , abuse of a child for the production of pornography pursuant to Section 193 of the Criminal Code, seduction for sexual intercourse pursuant to Section 202 (2) of the...

This diploma thesis is focused on the analysis of the factums of murder and manslaughter pursuant to Section 140 and 141 of the Act No. 40/2009 Coll., Criminal Code, as amended, by studying historical and present-day legal acts, related documents, specialised literature from the field of law, medicine, psychology and anthropology, and of the jurisprudence of the Czech courts. The thesis is divided into five main chapters. The first chapter is focused on the historical development of the criminal regulation of intentional homicides since the foundation of the independent Czechoslovakia, starting from the reception of the 1852 Austrian Criminal Code which was applicable in the Austrian part of the former Austro-Hungarian Empire, through the period socialist legislation represented by the Criminal Codes of 1950 and 1961, up to the adoption of the current Criminal Code in 2009. The second chapter addresses the problem of defining the term human life, explaining the moment and the moment of its end. This chapter also gives an overview of the protection of human life as it is guaranteed by the international agreements and treaties as well as by Czech constitutional order in the Charter of Fundamental Rights and Freedoms. The third chapter is the analysis of the criminal offence of murder pursuant to the...

Culpability in criminal law Abstract The topic of this diploma thesis is culpability in criminal law. Culpability is a traditional institute of substantive criminal law and is an obligatory feature of the subjective aspect of a criminal offense. It expresses the internal psychological relationship of the perpetrator to the facts constituting the crime. Criminal liability in the legal system of the Czech Republic is based on the principle of liability for fault. If actual facts relevant from the point of view of criminal law are not covered by the culpability of the perpetrator, his criminal liability cannot be inferred. The thesis is divided into an introduction, 6 chapters and a conclusion. In order to understand the position of culpability within the structure of criminal offense, the first chapter defines the concept of a crime as a whole and its individual features. A general characteristic of the institute of culpability is offered in chapter two. It discusses the principle of liability for fault and the definitional features of culpability, including its individual components, i.e. the consciousness and volitional components, as well as the content of culpability, its degree, and procedural aspects, including the proving of culpability in criminal law. The central chapter of this diploma thesis is...

7 Abstract The title of the thesis: Crime of murder and manslaughter under section 140, 141 of the criminal code Abstract: This thesis focuses on the most serious crimes against human life, namely 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 to describe both of these crimes in detail, to explain the importance of punishing these crimes, to explain the reason for introducing the crime of manslaughter in our legal system, its significance, and how it differs from murder and makes it a privileged crime to the crime of murder. The purpose of this work is also, among other things, to describe the procedure of criminal investigators in the investigation of these crimes and the methodology of the investigation of intentional crimes against life. In the first part of this thesis I deal with the historical development of the legal regulation of intentional killings in our territory, starting from ancient Rome and ending in 2009, when the current Criminal Code was issued. I focus on the most important legislation that has been issued throughout history and how it regulated intentional killings. The second part copes with the crime of murder, which first outlines a general introduction to this crime, then I describe the nature of...

Criminal Complaints and its Significance in Criminology Abstract Criminal reporting is the most important source of initial information on criminal offences for law enforcement authorities. The number of filed criminal complaints and the willingness of the public to report crimes affect the number of initiated criminal proceedings, prosecutions and convicted offenders, i.e., the fight of the state (or society) against crime, directly. The institute of criminal complaints is examined in terms of law, criminology, sociology, and psychology. Finally, the real role of criminal complaints in the fight against crime is identified through statistics. The topic of the thesis is the criminological significance of reporting crimes. Within the thesis, the concept of criminal complaints is introduced and legally classified as a way in which the law enforcement authorities learn about the facts indicating that a crime has been committed. The requirements of the criminal complaint and the consequences of any formal and content deficiencies are mentioned, too. There are also discussed the obligations to make and receive a criminal complaint, the procedure, and ways of settlement, but also to the unlawful acts which the reporters may commit when making criminal complaints. The thesis also pays attention to the reporters...

Criminological aspects of domestic violence and their impact on the victim Abstract This thesis provides the reader with an insight into the issue of domestic violence and its current forms. Currently, this phenomenon is receiving more and more attention, both from politicians and from non-profit organizations existing to provide assistance to victims. In the light of the above, the aim of this paper was to describe this phenomenon in terms of its impact on victims of domestic violence and the possibilities of using de lege lata to protect them, and then to offer possible solutions to some of the problems with a focus on the future, i.e. de lege ferenda. In its introductory chapters, the thesis provides a comprehensive description of the course of domestic violence and what forms it can take. It then focuses on describing the victims, among whom it lists mainly women, but also men, children and the elderly. It then shifts its attention to the typology of perpetrators and various criminological theories regarding their psychology and character. The criminological section is followed by a section on legal protection options. First of all, the thesis enumerates the instruments that exist and are frequently used in the Czech legal system. However, it also points out some institutes that are not used at all,...

Elderly crime and specifics of criminal proceedings incl. the execution of sentences imprisonment in case of offenders over the age of sixty-five Abstract The diploma thesis deals with the specifics of the criminality of offenders over the age of sixty- five and its criminal sanctions. The author examines the criminality of offenders over the age of sixty-five from several perspectives, it is a comprehensive composition of the issue. The author works with examples from the decision-making practice of courts and statistical data obtained in response to requests under Act No. 106/1999 Coll., on free access to information. The diploma thesis is divided into five chapters. The first chapter defines the basic legal terms of criminology and criminal law, as well as legal terms and institutes related to the criminality of the elderly (diminished sanity of the offender, criminal career etc.). The relevant section of the applicable legislation is also defined. The second chapter is devoted to elderly offenders and elderly convicts primarily in terms of their categorization. The author also distinguishes between the terms of aging crime and elder crime. The chapter includes a comparison of elderly criminality with juvenile criminality. The third chapter deals with older offenders in the position of criminal...

The thesis is devided into chapters and sections and it deals with the specifics of the child interrogation. The aim of the thesis is to explain the specifics of the interrogation of a child in the criminal proceedings and to explain the main differences between child interrogation and adult interrogation as well as the general approach of an interrogator to a child being a party to the criminal proceedings - particularly being a witness. The aim of the thesis is also to explain the methods of using demonstration aids while interrogating a child. First, it is necessary to define the interrogation itself. Several chosen terms are explained in one of the first sections of the thesis. These terms demonstrate different positions of a child as a party to a criminal proceedings. This section contains also interpretations of particular law regulations. Regarding the interrogation, it focuses on its construction, preparation, tactics and documentation, while special attention is paid to forming a psychological contact with a child during the interrogation. The third, the fourth and the fifth chapters contain the substance of this thesis. The sixth chapter deals with the topic of interrogation of a handicapped child, because they are particularly vulnerable as well and it is not to forget about them. The...

Culpability in criminal law Abstract The topic of the diploma thesis is culpability in criminal law, which is characterized as an internal psychological relationship of the offender to the violation or great of interests protected by criminal law. Culpability is the only obligatory feature of the subjective aspekt of a criminal offence, and therefore it is a key institute of criminal law, because without culpatibility there is no criminal offence. The diploma thesis is dividend into eight parts, including the introduction and conclusion. The first charter defines the koncept of criminal offence, its general and typice features. By fact, we mean a set of signs that show which criminal offence it is. The second charter is devoted to the historical development of culpability and is further dividend into subchapters, which each correspond to historic periods, or individual criminal laws, which came into force and effectiveness in our territory. The subjekt of interpretation in the third charter is the principle of liability for fault, its content and extent. Finally, this charter describes the construction of the facts in terms of culpability. The fourth charter deals with individual forms of culpability, incl. direct and indirect intentions and conscious negligence and unconscious negligence. Special attention...

Protective treatment and security detention Abstract The topic of the diploma thesis is protective treatment and security detention. These are two criminal sanctions and protective measures, that may be used by state as a reaction to committed criminal offence or other offence. A penalty is not in some cases adequate sanction to committed criminal offence and that is the reason why we have protective measures - to protect society and to help to the offender. The protective treatment and the security detention are mutually connected sanctions. As well, the security detention is a protective measure that is subsidiary to the protective treatment. The diploma thesis is divided into five chapters. The first chapter deals with general legal regulations of protective measures. This chapter also contains comparation between penalties and protective measures. The second chapter discuss basic terms that are used in the criminal code to lay down conditions in which the protective treatment and the security detention may be imposed. The third and the fourth chapters are the main chapters in the diploma thesis. The third chapter and the fourth chapter deal with the protective treatment and the security detention itself. These chapters are for easier orientation and comparation of both protective measures arranged in a...

Criminological aspects of criminality of foreigners This diploma thesis deals with the criminality of foreigners in the Czech Republic. With the development of globalisation, easier and more accessible mobility of people, but also due to war conflicts or poverty, there is naturally an increased migration of people, which brings with it, among other things, security consequences. Being a foreigner in another country has its own specifics, the most significant of which include minority status, different lifestyles, values, opinions, behaviours and customs. These and many other differences may or may not be criminogenic factors leading to foreigners committing crime. Since this is a very comprehensive topic, which cannot be fully described in one thesis, the aim of the thesis is to analyse the current state of criminality of foreigners in the Czech Republic, to define specific crimes of foreigners, which are among the most frequently clarified and to answer the question whether the crime of foreigners in our territory is increasing or decreasing. Attention is also paid to the phenomenon of organised crime of foreigners and crime related to illegal migration. The diploma thesis is systematically divided into five chapters. The first chapter is devoted to migration in general, mainly the definition of...

Participation Abstract The aim of this diploma thesis is especially to identify the advantages and disadvantages of individual approaches to regulation of participation, to set out the main attributes of participation in the Czech criminal law, including its main deficiencies, and to present possible inspiring solutions for their elimination by presenting a different model of regulation abroad. Participation as one of the forms of criminal collaboration is approached slightly differently by each legislation. However, the legislations usually agree that the participant's actions must be punished in a certain way. Although the participant does not partake in the fulfillment of the constituent elements of the crime by its own actions, its influence on the crime itself may be significant. The reason for choosing this topic is mainly the still unresolved situation regarding the institute of participation in the Czech Criminal Code and a large amount of criticism of the current regulation. Although the Criminal Code was newly adopted in 2009 and the possibility of correcting the deficiencies of the participation was obvious, professional discussions did not take place, and in the end a regulation that to a certain extent copied the previous criticized one, was adopted. In addition to the introduction and...

1 Assistance to victims of Crimes Abstract This thesis is focused on the assistance to victims of crimes. It examines the topic especially on the legal level, from various points of view. It deals with the assistance to victims in terms of legislation, mainly domestic, but also foreign, then it examines the application of legislation in practice and further it analyzes the findings while including suggestions for possible improvement. The goal of this thesis is to evaluate the Victims of Crime Act, whether its written form or its application in practice and to propose possible amendments in order to improve the role of the victim, which is after all an unwritten purpose of the Victims of Crime Act. This thesis is divided to an introduction, five separate chapters and a conclusion. In its first chapter, the thesis is focused on the person of the victim, purely from the point of view of the legislation. It defines direct and indirect victim, as well as particularly vulnerable victim. Finally it describes differences between a victim and an injured party. The second chapter represents a key part of the thesis since it is focused on the Victims of Crime Act itself and the rights arising out of it for victims. Step by step the chapter analyzes the right to professional assistance, right to information, right to...

Title of the thesis: Crime of murder and manslaughter under section 140, 141 of the criminal code This thesis deals with the crimes of murder and homicide under the provisions of § 140 and § 141 of the Criminal Code, which, as crimes against life, represent one of the most serious components of crime in society. In a broader sense, the thesis deals with all intentional killings under Czech law. The basic purpose of this work is to describe and evaluate the current legal regulation of these crimes after the recodification of Czech substantive criminal law effective from 1. 1. 2010. The thesis first contains a comprehensive historical view of the development of legislation in question. Then the crimes of murder and homicide and individual components of their factums are analyzed and described in more detail, especially from an interpretative point of view, including elements established by recodification like premeditation, prior consideration, strong derangement caused by excusable mental motion and the previous condemnable conduct of the aggrieved person. Subsequently, the thesis deals with murder and manslaughter from the point of view of comparative law, where these crimes are compared with some similar institutes within the framework of substantive criminal law. A separate subchapter also...

The issue of victims of sexual offences and their protection through criminal law Abstract The theme of this diploma thesis refers to the issue of victims of sexual offences and their protection through criminal law. This thesis aims to theoretically analyse this issue, describe the specifics of the victimisation process, and focus on protecting victims of sexual offences through criminal law. The author also asks in the introduction why these victims are victimised by so many. It also evaluates the legislation in selected areas and suggests possible changes in the legislation. The thesis itself is divided into six chapters, each of which deals with different aspects of this theme. The first chapter deals with the current legislation on selected crimes of rape, sexual abuse and sexual coercion. The author also discusses the degree of their latency, which is relatively high in crimes against human dignity in the sexual field. The second chapter defines the various concepts related to the issue of victims of sexual offences. These are terms such as victim, particularly vulnerable victim or false victim. Furthermore, the so-called victimity and victimogenic situation and factors are defined here. The conclusion of this chapter is devoted to the description of the relationship between the perpetrator of a...

1 The consequences of breaching the rules on evidence for the effectiveness of the evidence Abstract This diploma thesis deals with the issue of ineffectiveness of evidence in connection with the violation of rules on evidence. One of the two main goals of this work was to acquaint the reader with the issue, especially with the help of analysis of current legislation, the views of leading experts in criminal science and also a rich case law of the courts. The second main goal was to propose a de lege ferenda solution that could contribute to solving the most pressing problems of the current legislation. The diploma thesis is divided into six parts, including the introduction and conclusion. The first chapter provides the reader with a theoretical basis for easier understanding of this issue. It explains the basic terminology occurring in the field of evidence and the basic sources of law that will accompany the reader throughout the thesis are introduced. There is also a detailed explanation of the basic principles of criminal proceedings concerning the evidence as whole. In addition, at the end of this chapter, the stages of criminal proceedings are mentioned with a brief description of their specifics with a regard to the evidence in these specific sections. The second chapter is devoted to the concepts...

Tax Crimes Abstract The diploma thesis deals with tax crimes. The aim is to create a systematic overview and evaluation of the current criminal law of tax crimes in the legal order of the Czech Republic. The initial chapter focuses on the general definition of terms, including developmental stages of tax crimes, which mentions the reintroduction of criminality in the preparation of tax evasion, charge and similar mandatory payments in the Criminal Code in specific cases. The next chapter is devoted to a historical evolution into the development of tax crime legislation. The third chapter analyzes the legislative framework of the criminal law regulation of tax crimes in the Czech legal system. As part of the analysis of the crime tax fraud is explained how carousel fraud abusing the tax system within the EU works, as it is one of the most exploited tax evasions in the field of value added tax. This chapter also pays attention to the principle of nemo tenetur ipsum accusare in connection with taxation of income that originated from criminal activities. The next chapter deals with the prevention of tax evasion, with an emphasis on reverse-charge, which is based on the principle that the obligation to declare value added tax is transferred from the provider to its recipient. I follow up with the criminal...

Immunity in criminal law Abstract This thesis aims to offer the reader a view of the institution of parliamentary imunity as it relates to criminal law. This topic frequently divides both the experts in criminal law and also the general public. Despite the fact that most of the time this legal issue is talked about with respect to the constitutional law it has an impact on criminal law, both the substantive criminal law and the procedural criminal law. The complexity of this topic is self-evident and opinions vary greatly across the field, which is one of the reasons why this topic is sought out quite frequently by many students who approach it from various angles. The work is structured in a way to familiarise the reader with the necessary knowledge even if the reader is not an expert in law, but who is, for example, interested in the topic from a political perspective. The thesis covers the basic introduction to the topic, historical evolution of the institution including the legal transformations all the way up to the date this work has been finalised, squaring this institute with the basic principles of democratic state and a comparative analysis of this institute in other European countries. Important part of this thesis is dealing with specific uses of the parliamentary imunity. The conclusion of this...

Problems of juvenile justice In my diploma thesis I deal with the issue of criminal justice over youth. Using the research analytical method, I try to describe juvenile delinquency, its causes, the development of juvenile delinquency in our territory and current legislation. I also devote other parts of the work to specific means of sanctioning young people, especially protective upbringing and imprisonment in its unconditional form. I am also subjecting the current legal regulation of these institutes to a comparison with other European regulations, from which we could be inspired when regulating the system of criminal justice over young people. I supplement the theoretical basis with statistics on juvenile delinquency and the administration of juvenile justice in the years 2016-2020 in order to provide an overview of not only the theoretical side, but also current practice. Keywords: Juvenile, youth, offenses, measures, protective upbringing, imprisonment

1 Abstract Crime relating to the abuse of addictive substances This thesis deals with the issue of substance abuse and criminality associated with this pathological phenomenon. Addiction and substance abuse can be considered a significant criminogenic factor, which is a common cause of traffic accidents, domestic violence, reduced self-control, increased aggression and other crime-related behaviors. Criminality related to the production, distribution and use of addictive substances covers a wide range of offenses, from trivial offenses bordering on offenses to the diverse activities of international organized crime, which can be consider a global issue. Subject matter of this thesis is to link this stated issue with fundamental knowledge about narcotic and psychotropic substances and its effects on individuals, along with their potential influence on the delinquent behavior of drug users, while providing a theoretical definition of crimes related to substance abuse and an effort to quantify this phenomenon. This thesis is devided into four parts. The introductory chapter focuses on interpreting concepts related to substance abuse, which is necessary for a comprehensive understanding of the stated issue. As a follow up to this, the second chapter deals with narcotic and psychotropic substances' fundamental...

This thesis describes the most commonly committed tax criminal offense i.e., the evasion of taxes, fees, and other mandatory payments pursuant to Section 240 of the Criminal Code. The goal of the thesis is to examine the problematic aspects of this criminal offense and to call attention to the discrepancies in proceedings and judgements, with special attention to substantive and procedural aspect, relevant case law of the domestic courts, and the opinion of professional public. The body of the thesis is divided into five chapters. The first two chapters introduce the substantive basis of the topic, provide a brief overview of the history of tax crimes and, last but not least, underline the importance and relevance of the whole topic using publicly available statistical data. The third chapter is focused on the mutual connection between the criminal offense pursuant to Section 240 of the Criminal Code and two selected criminal offenses. The first being the non-payment of taxes, social security contributions and similar mandatory payments pursuant to Section 241 of the Criminal Code, with a focus on the role of effective regret. Among other things, this outlines the issue following the unprecedented judgment of the Constitutional Court of the Czech Republic concerning the voluntary action of the...

1 The Consequences of Breaching the Rules of Evidence for the Effectiveness of the Evidence Abstract This diploma thesis deals with the phenomenon of ineffective evidence in criminal procedures as a result of a breach the rules of evidence. The aim of the thesis is to submit current regulations about evidence in the Czech legal system, evaluate it and shine a light on certain problems. Can a criminal procedure be just if the essential principles are trampled on and the government breaks the law? Are there any barriers preventing geovernment arbitrariness? This thesis tries to answer these questions by introducing legal institutes based on area of evidence in criminal procedure. Thesis consists of six parts - four chapters, introduction and conclusion. The first chapter deals generally with evidence and its specifics in criminal law. It defines crucial terminology to understand this topic thoroughly and shines a light on principles of evidence. The second chapter revolves around admissibility and especially efficiency of evidence as a result of a breach in the rules of evidence by law enforcement. That breach of evidence has to fulfill a certain level of severity which has an important part in evidence ineffectivity. In the very last part of this chapter the author suggests legislative changes according to a...

Crime of Murder and Manslaughter under Section 140 and 141 of The Criminal Code This master thesis aims to analyse the crimes of murder and manslaughter which are regulated under section 140 and 141 of the Czech Criminal Code. The thesis consists of six parts, which are further subdivided into chapters. The main topics of the particular parts are these: historical development, human life, euthanasia, murder, manslaughter, and comparison with Slovakia. The thesis is intended to provide the reader with a comprehensive and, simultaneously, a clear overview of the issue of intentional killings and the circumstances associated with them. An analysis of historical legislation is given in part one. It examines more closely the period of the Middle Ages and the Enlightenment, as well as the reform codifications of the 19th century. Subsequently, attention is focused on Czechoslovakia, analyzing the adjustment effective in the times of its establishment as well as during the totalitarian regime. The conclusion of the historical excursion is the present situation. The second part deals with human life, the protected object from these offences. Chapter one describes its inception, from the medical point of view (such as the fusion of male and female reproductive cells and the formation of the zygote), and...

Criminal proceedings against legal entities Abstract Regarding the character of a legal entity as a fiction, criminal proceedings against legal entities differ in many ways in comparison with standard criminal proceedings against a natural person. The aim of this work is to analyze certain specific institutes, whose interpretation and application is problematic with respect to the interweaving of the procedural regulation contained in Act No. 418/2011 Coll. on penal liability of legal entities and proceedings against them, with the classic regulation contained in the Criminal Procedure Act. This thesis is divided into two main parts. The theoretical one, which serves as the introduction of the whole work, briefly discusses traditional topics related to the substance of penal liability of legal entities, i.e. reasons for its adoption, its concept, its sources and legislation, including their ongoing changes. The merit of the work is, however, its special part, which in six chapters deals with specific institutes and issues of criminal proceedings against legal entities. Gradually, in the special part of this thesis, the issue of the representation of a legal entity in proceedings is analyzed and individual subject that can perform acts on behalf of a legal entity in criminal proceedings are discussed....

1 The Crime of Money Laundering under the Czech Criminal Codex Abstract in English The diploma thesis aims to analyse the phenomenon of money laundering, i. e. activity the purpose of which is to cover the proceeds of crime. The thesis mainly focuses on the crime of money laundering in the Czech Criminal Code, respectively for the crime of legalization of proceeds under the provisions of Section 216 (2) and Section 217 (1) of the Criminal Code. Part of the thesis is also an analysis of the issue of so-called profits from unidentifiable sources. In the first chapter, the reader will find an explanation of basic terminology and principles. The first chapter is also accompanied by basic criminological data on money laundering in the Czech Republic. The following chapter deals with money laundering as a current phenomenon. In this chapter, the thesis discusses the concept of money laundering, the origin of money laundering, the features and stages of money laundering, the consequences and effects of the proceeds of crime, as well as the perpetrator of money laundering. The third chapter discusses the current legislation on money laundering, both criminal and non-criminal, which has also huge importance, also national, European, and international. The fourth chapter is devoted to the analysis of the crime of...

Crime of Stalking and Protection of its Victims This diploma thesis focuses on the issue of stalking, or more precisely on its individual aspects and its legislation in the Czech Republic. As for the structure of this thesis, it is divided into five main sections. The first section deals with stalking in general. The individual chapters are devoted to the definition of this term, the historical development of this phenomenon and common forms of stalking, including two specific types of stalking, which are cyberstalking and stalking in the workplace. The second section deals with the characteristics of stalkers and their motives. The third section concerns the victims of stalking. The individual chapters successively analyse the typologies of victims, the impact of stalking on victims, including post-traumatic stress disorder, as well as the main strategies oriented towards helping the victims of stalking and, finally, the issue of false victims. The third section and the fourth one are the most comprehensive of all and together they constitute the core of the thesis. The fourth section focuses on anti-stalking legislation of the Czech Republic, whereas the most comprehensive chapter is devoted to the crime of stalking. This chapter is concluded with the issue of punishment for this crime and also...

v anglickém jazyce The diploma thesis analyzes the institute of participation and focuses on his legal regulation in the Czech republic. Participation is indoubtedly one of the most complicated institute of the criminal law and the legal regulation can be approached in many ways. To find a suitable way of legal regulation is prerequisite to comply with basic principles of criminal law - to protect society from crime. The aim of the diploma thesis is to provide the reader insight into current legal regulation, to draw attention to its shortcomings and to suggest suitable solutions for future legislation. The diploma thesis is divided into for chapters. The first chapter firstly deals with the interpretation of basic terms that are closely related to participation. It also attends to define the term of participation and to analysis two base approaches to the regulation of participation - monistic and dualistic systems. As a part of the analysis of these approaches, a brief excursion into the legal regulation of participation in Germany, Switzerland, Slovakia, Austria and Italy is offered. The second chapter focuses on the legal regulation of participation in Czech republic. It firstly clarifies the principle of accessority as the guiding principle of participation, which results from the application...

Criminological aspects of drug-related crime Abstract This master`s thesis deals with a number of criminological aspects and issues related to drug-related criminality, in particular with legislation that takes into account the specific impact of selected drugs. In this context the thesis analyzes the drugs` impact on secondary drug-related crime, the death rate and health of their users and additional negative social and economic consequences related to such drugs. Following the evaluation of these harmful effects the thesis proposes potential changes to policy on such drugs and compares it to policies of foreign countries on individual drugs. These changes consist of various proposals including the decriminalization or legalization of certain means of handling of individual drugs. The thesis also examines national legislation currently in force related to selected individual drugs. Its conclusions are reached through a variety of researches and statistical data. The thesis consists of eight chapters which are preceded by a brief introduction to the selected topic. The first chapter lays out basic terminology used in this thesis. The second chapter deals with historical cases of drug policies such as the Chinese policy on opium in 19th and 20th century or the prohibition in the United States between 1920...

Criminal Liability of Legal Entities in Health Care Abstract The submitted diploma thesis deals with the institute of criminal liability of legal entities in health care. The main objective of this thesis is to define all the requirements and essential elements of criminal responsibility of legal persons, especially healthcare providers. We also look into the most critical aspects of providing healthcare services in which a criminal offense may be committed. Concepts of criminal law are considered in the context of medical law. Thesis is divided into five main chapters. The first chapter focuses on conditions of criminal liability taking into account the specifics of the topic. Attention will also be paid to attributability of a crime to a legal person as well as to legal regulation in United Kingdom and France. In the second chapter we describe the most common circumstances excluding illegality in medicine. We particularly focus on medical intervention, research and experiment. These are not only accepted but also beneficial. The third chapter deals with the main concepts of medical law. If healthcare providers comply with related legal provisions, they significantly reduce the risk of committing an act against the law. Special emphasis is placed on lege artis procedure as an objective measurement of...

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...

The indirect perpetration Abstract The indirect perpetration consists in the commission of a crime through another person who is not criminally responsible. In case of indirect perpetration, such a person is being misused by the indirect perpetrator as a ‚living instrument' to actually carry out the criminal act. Without the institution of indirect perpetration, it would not be possible to punish an indirect perpetrator in some cases. In dualistic systems, this legal institution seems necessary as it fills the gap generated by the principle of accessory participation and helps to overcome certain difficulties that arise from the application of criminal law in dualistic systems. Indirect perpetration is hence often indicated as a supplement to the principle of accessory participation. The aim of this diploma thesis is a detailed description of the indirect perpetration. This is also accomplished through the analysis of its historical development and the comparison of selected foreign legal systems. The work is divided into three thematic parts. The first part is devoted to the historical development of the indirect perpetration. Individual subchapters are also supplemented by relevant case law pertaining to the topic. The second part of the diploma thesis is devoted to the current concept of indirect...

Presented thesis is focused on the domestic violence and its prevention, a substantial part of the thesis is aimed at legal framework for protection against domestic violence. The thesis is divided into six chapters, in the first one the definition of domestic violence and its different forms are presented. Domestic violence can be divided into intimate-partner violence between former or existing spouses or partners, violence between parents and children and elder abuse. Protection against domestic violence is provided by substantive and procedural provisions of administrative, civil and criminal law. The second chapter is dedicated to means of protection regulated by administrative law, when the misdemeanour legislation and protection in the Police Act is mentioned. Special provisions against domestic violence are included in the Czech Civil Code. The following three chapters are dedicated to the criminal aspects of domestic violence. Description of the different types of criminal offences related to the domestic violence is covered in the third chapter. Protection of victims of domestic violence during the criminal proceedings is outlined in chapter four of this thesis. The rights of the injured party are pointed out, especially in connection to the pre-trial stage of proceedings, collateral...

The topic of this diploma thesis is represented by two protective measures - protective therapy and security detention. The aim of this thesis lies in familiarization with their most important aspects in order to get a better picture of their character and possibilities of imposing them. Due to space limitation, the thesis focuses on legal regulations of imposing protective therapy and security detention on adult perpetrators. Only significant differences in legal regulations concerning children under 15 and juveniles are discussed. The diploma thesis is divided into five chapters. The first chapter deals with a dualistic system of penal sanctions in general as well as a classification of protective therapy and security detention. This chapter also specifies differences between punishments and protective measures, purpose of these penal sanctions and principles of their use with a particular emphasis on protective measures. In order to understand the conditions for imposing protective therapy and security detention, the most important terms are discussed in the second chapter. A significant part of this diploma thesis is included in the third and fourth chapter which cover the analysis of protective therapy and security detention itself. Each of these chapters describes the aforementioned...

Culpability in Criminal Law The diploma thesis deals with the topic of culpability in criminal law, which is an obligatory attribute of the subjective aspect of the criminal offence. It characterizes the offender's psyche in relation to the criminal offence. In Czech criminal law, the principle of liability for fault (nullum crimen sine culpa), according to which there is no crime without fault, applies. The diploma thesis is divided into five chapters. The first chapter is focused on the general introduction; in which the crime and its merits are discussed. The largest part is left to the interpretation of the subjective aspect of the criminal offence and its obligatory and facultative characteristics. The chapter concludes with a treatise on the concept of guilt in criminal law. The second chapter deals with the historical development of the institute of culpability in the criminal codes, which used to be applicable in our territory, from the period defined by the applicability of the Act on Crimes, Offenses and Misdemeanours to the Criminal Code of 1961, which was replaced in 2010 by the current Criminal Code. The third chapter deals with the current regulation of culpability in criminal law, the most part is left to the general characteristics of the regulation of culpability in the applicable...

"The issue of stalking in modern times" Stalking is not a new phenomenon, but modern times, and especially the very dynamic development of modern technologies that have gradually become part of our lives, are taking this type of crime to a completely different dimension. This rigorous thesis deals mainly with the criminal offense of dangerous stalking according to § 354 of the Criminal Code and the related issue of misuse of modern technologies for the persecution of the victim, it also focuses on the motivation of the perpetrator and the behavior of the victim. The theoretical part of the thesis summarizes the legislative basis of dangerous stalking, describes the ways of possible use of available technologies for stalking. It also deals with the typology of perpetrators of dangerous stalking and their criminal motivation. The practical part of the work consists of seven case studies of this negative phenomenon from the Czech environment. The first case study focuses on a lawsuit resolved by the Municipal Court in Prague in early 2008. The described case could not be legally qualified as a criminal offense of dangerous stalking According to Section 354 of the Criminal Code, but had a fundamental impact on the legal regulation of stalking in the Czech Republic. Subsequent case studies describe cases in...

Název práce, abstrakt a klíčová slova v anglickém jazyce Title Criminal offences related to substance abuse. Abstract The main purpose of this work is to acquaint the reader with the Czech legal regulation of the so-called drug criminal offenses defined in the provisions of Sections 283 to 287 of the Criminal Code in the view of substantive law. This work will provide a general description of individual relevant crimes, their interpretation, as well as analysis of some terms that are associated with these crimes and which are still under discussion. Overall, the work is divided into six parts. The first part is devoted to the explanation of several basic terms, which are used in the work and whose understanding is necessary to understand the rest of the text, as well as the purpose of some legal provisions, which are further addressed. The second part deals with the issue of addictive or narcotic and psychotropic substances as such. This part provides several possible variations of the classification of these substances into groups and subgroups according to various aspects. Finally, the individual groups of addictive substances are mapped with regard to their characteristic psychoactive effects, toxicity or ability to induce psychological or physical dependence on an individual. For each of the groups of...