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Criminal proceedings against legal entities Abstract Criminal lability of legal entities and criminal proceedings against them are still relatively new concepts to the Czech law and their interpretation and application causes numerous issues. Questions and debates are caused both by the wording of the Act No. 418/2011 Coll., on Criminal Liability of Legal Entities and Proceedings Against Them, as well as the extent and manner of application of the general legislation, i.e., in the procedural matters the Act No. 141/1961 Coll., on the Criminal Proceedings (the Code of Criminal Procedure). The aim of this thesis is to analyze legislature regarding the procedural part of criminal proceedings against legal entities lex lata, assess the rationality and quality of solutions adapted, point out some of the interpretation issues and eventually propose possible solutions lex ferenda. The thesis is divided into two main parts - general part and specifics of criminal proceedings against legal entities (special part). In the first part, the author introduces basic legal and jurisprudential frame regarding the problematics of legal entities, criminal proceedings, and criminal proceedings against legal entities. In the second part, which is the merit of this work, he then focuses on specific institutes and procedures...

The thesis deals with the assistance to victims of crime and aims to provide a comprehensive view of the issue. The purpose of this thesis is to assess the level of assistance provided in relation to its legal anchoring and subsequent application practice. The content of the thesis consists of an introduction, six chapters and a conclusion. In the first chapter the thesis is devoted to the interpretation of basic concepts related to the issue of victims of crime. It defines the victim and describes its various categorisations, including the definition of a particularly vulnerable victim. The distinction between victim and an injured party is also clarified for better orientation in the following text. The second chapter then briefly describes the development of the victim's position and role in criminal proceedings from a historical perspective, and briefly describes the basic international regulation of victims' rights with a focus on European legislation in this area. To complete the explanation of the basic concepts and the historical and international context, the third chapter deals with the concept of the victim of crime from the perspective of criminology and victimology respectively. To introduce the reader to this area, a brief explanation of the concept of crime and crime prevention is...

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...

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...

IN ENGLISH LANGUAGE TÉMA PRÁCE: Domestic violence and its prevention In my diploma thesis, I deal with the topic of domestic violence and its prevention, which is a societal problem across all cultures. It is specific in that this negative phenomenon occurs in private, in a place that should be a place of safety and love, among people who are emotionally attached to each other. The aim of the presented work, systematically organized into 8 chapters, is to provide the reader with a complete set of information on the issue of domestic violence and to introduce him to the methods of protection provided by the Czech legal system. The introductory chapter is devoted to the general historical development of domestic violence, the theoretical definition of the concept of domestic violence, which has not yet been legally defined, it also presents the defining features that define domestic violence, its forms, summarizes the individual myths and prejudices of society. In the second chapter, the work is focused on individual subjects, i.e. the person of the perpetrator and the victim. Subsequently, a brief development of legislation in the field of protection against domestic violence is outlined. The fifth, sixth and seventh chapters are devoted to legal protection at the national level, namely civil law,...

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...