Search

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...

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...

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...

Tolerable risk in criminal law Abstract This rigorous thesis focuses on an issue of tolerable risk in criminal law. The institute of tolerable risk in criminal is one of the most recent circumstances excluding illegality, which are defined in the Czech Criminal Code. Until its legal definition in the Criminal Code, the tolerable risk was inferred only by legal theory and practice. The tolerable risk is now ambedded in the provisions of Section 31 of the Criminal Code. Tolerable risk is an effective tool for conducting research, for experimenting in science and it can be also applied in medicine, business and sport. It is crucial for the institute of tolerable risk to set boundaries, because an overly liberal approach to defining limits of tolerable risk can lead to a gambling and reckless conduct of individuals. On the other hand, too restrictive definition of tolerable risk limits can restrain the scientific and technological progress and individual creativity in general. This thesis performs an analysis of the institute of tolerable risk in criminal law. Primarily, it deals with the system of circumstances precluding illegality and provides a brief list and description of other circumstances precluding illegality. In the following chapters, it discusses the historical development of acceptable risk in the...

The rigorous thesis summarizes "Domestic violence by the criminal law and by the criminological aspects". The phenomenon of domestic violence is a part of the society since the beginning of time. However, the wider approach has been registered a few decades ago due to the feminist's activism. The comprehension of domestic violence in society has changed and it is considered as a common problem that inquires a complex interdisciplinary cooperation, an intervention and state assistance. This rigorous thesis consists of six chapters. In the introduction (introductory chapter), there is a description of domestic violence - definition, indications and dynamics. This part explains the general theoretical information about domestic violence that is necessary for understanding the phenomenon, the history of domestic violence and pathway to the adoption of the law that would regulate this problem. Furthermore, I introduce different types of the domestic violence, comparison of domestic violence with so-called stalking. The criminological part focuses on a violent person and a victim with typology of perpetrator/offender and victim. I specify possible causes that might influence the origin of domestic violence. The aim of this chapter is to summarize basic character features of an offender, who might...

Domestic violence in the Czech Republic and Poland - comparative study Abstract The following thesis deals with the topic of the domestic violence especially from the point of view of substantive law. The thesis compares the legislation in the Czech Republic and Poland. The aim of the thesis is to find out how the legislators of those two countries can inspire each other and what are the differences in the legislations of those two countries. The topic of the domestic violence is still very current and therefore I think it is very important to seek for new ways how to fight the problem. In my opinion it is possible to find new solutions by having look into the legislation of another country. The thesis consists of five chapters. The first chapter explains the concept of the domestic violence its features and forms. It also says how the phenomenon of the domestic violence is perceived by the people in those two countries. The myths and the stereotypes concerning the issue are also mentioned. The second chapter deals with the personality of the perpetrator and the victim. This chapter tries to find out the answer to the question if there are any dispositions to become a perpetrator or the victim of the domestic violence. The most endangered groups of people are also mentioned. The third chapter is the crucial...

Resume The title of this rigorous thesis is Terrorism and its Criminal Aspects. The thesis is divided into four chapters, whereupon each chapter is telling about the phenomenon of terrorism in a different way. The first chapter focuses on the basis of terrorism and theoretical definitions of terrorism. It also contains historical views on universal theoretically doctrinal definitions of terrorism. It follows the components of the definitions of terrorism and its causes and consequences. This part also contains the classification of terrorism called typology. The second chapter will discuss the codification of terrorism in the field of criminal law in Czech Republic and Slovak Republic. There is an analysis of valid and efficient Czech and Slovak criminal codex, which contains a crime ,,teroristický útok'' and ,,terorizmus''. It also presents other criminal activities like cybercrime, economic crime, and violent crime. Especially cybercrime, also known as cyber criminality, entails a novum in criminal jurisprudence. Next part of this chapter is focused on selected instruments of criminal law to fight against terrorism like European arrest warrant, terrorist custody, European evidence order and others. Of course, it was unimaginable, hence impossible, to forget a sphere of international law and its relation...