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1 Abstract The submitted rigorous thesis comprehensively deals with the institute of participation in the offense in Czech criminal law (hereinafter referred as "complicity"). The thesis particularly focuses on de lege lata interpretation of the complicity, i.e. on existing legislation, Act. No. 40/2009 Coll., Criminal Code. The text contains numerous proposals de lege ferenda, which results from the critical approach to current regulation of the complicity in Czech legal system. The participation is a traditional and complicated topic of the criminal law doctrine. The issue of criminal liability for participation in the offense is one of the most complicated issues of criminal law theory and practice. The complexity of problem stems primarily from the fact, that the institute of complicity prohibits a conduct, which is not ordinarily directly fulfilling the basic elements of the crime offense. Therefore it is necessary to derive the actions of an accomplice from the actions of an offender, who always (at least partially) fulfils those basic elements of the crime. We can also say that similarly, depending on the different systems of complicity, the criminal liability of accomplice is more or less based on the criminal liability of offender. The work is divided into seven chapters, which are further...

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...

Plea bargaining Abstract This thesis deals with plea bargain in Czech legal system. Primary goal of this thesis is to analyse plea bargain in the Czech Republic de lege lata and to evaluate potential possibilities de lege ferenda. This thesis examines current problems of plea bargain as a legal instrument and it also evaluates in detail practical application of plea bargaining in Czech criminal procedure. Particural attention is dedicated to Act no. 333/2020 Coll., which significantly widened the use of plea bargain to felonies, abolished compulsory defence and also established possibility of negotiation plea bargain in court hearing. Act no. 333/2020 Coll., also implemented entirely new legal instrument called Declaration of guilt, which is closely related to the plea bargain. Secondary goal of this thesis can be seen in analysis of European Court's of Human Rights judicature related to the issues of right to due process regarding plea bargain. This thesis consists of five chapters, which divide more minutely further. The first chapter defines the term "diversion" since significant part of professional public considers plea bargain a diversion. History of plea bargaining is described in the second chapter and also technical classification of plea bargain is examined in detail. The third chapter consists of...

Custody as an ultima ratio instrument Abstract This thesis concerns itself with the problematics of custody being an ultima ratio instrument. The aforementioned topic is based on the fact of custody being the harshest means of apprehension, which breaches the fundamental rights and freedoms of an individual in a substantial way. Firstly, this thesis describes the general characteristics of custody and the historical evolution of its legal basis in the Czech region. Then, it analyses the applicable law of custody in the Czech Republic. This body of law is split up into two larger sections, one of them being the material law of custody and the other being the formal law of custody. In regard to material law of custody, the following are mentioned in this order; general conditions for the detention of the accused, the legal reasons of custody, legal alternatives to custody and special cases of custody. In regard to the formal side of the law of custody, the following are mentioned in this order; the description and analysis of length of custody and its admissibility, the ruling in the question of custody, the court session, the objection to the court decision and the execution of custody. This part of the thesis is adjoined by a shorter chapter, which concerns itself by the inclusion of the length of custody...

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...

Interrogation in Criminal Proceedings Abstract This thesis focuses on interrogation in criminal proceedings, as it is one of the most often used procedures in investigation of crimes. The first chapter addresses interrogation in the context of the current legislation, i.e. how is this procedure regulated at the statutory level. In relation to the person against whom the proceedings are being conducted, it deals with the right to a formal defence, and then with the right to a material defence and its various aspects. In relation to the witness, the thesis addresses the right of the witness to be represented, the right to refuse to testify and the specifics of interrogation of certain witnesses, including a confidential witness. The second chapter addresses interrogation as a discipline of forensic science, describing how the actual interrogation is conducted in all its phases, i.e. the phase of preparation, the actual interrogation and the subsequent documentation of the interrogation. The author has not forgotten to address the specifics of conducting interrogation by means of videoconference, including quantitative research on the frequency of its use by selected courts in the Czech Republic, as well as qualitative research in the form of individual interviews with attorneys practicing criminal law on the...

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...

MEDIATION IN CRIMINAL MATTERS Abstract The subject of this thesis is mediation between the victim and the offender and its setting in the framework of criminal proceedings. Mediation in criminal matters is one of the programs of restorative justice, which emphasizes meeting the needs of the victim and holding the offender accountable for the consequences caused by the crime. It also involves other affected persons and the relevant community in the consideration of the solution. Mediation is a voluntary and confidential alternative dispute resolution of the conflict and consequences of a crime between the offender and the victim with the participation of an impartial third party mediator. The thesis elaborates the legal regulation of mediation in criminal cases, which falls under the competence of the Probation and Mediation Service. In criminal proceedings mediation is most often used in the context of special procedures, the so-called diversion, especially in the case of conditional suspension of criminal prosecution, settlement and, additionally withdrawal from criminal prosecution in the case of a juvenile offender. The thesis deals with criminal mediation from the practical point of view and presents its process from the moment of evaluation of cases suitable for mediation by the Probation and Mediation...

Protection of a victim of a criminal offence Abstract This thesis adresses the protection of victims of crime, a serious and currently very topical issue. The initial part of the thesis is devoted to victimology as a scientific field, the subject of which is mainly the victim of crime. This chapter introduces basic victimological concepts that are important for a comprehensive understanding of the issue under study. The next chapter provides a brief overview and comparison of the definition of a victim across basic international documents, EU legislation, and the legal order of the Czech Republic. Furthermore, this section proceeds to analyse and evaluate the currently valid definitions of victim and particularly vulnerable victim as defined in the Victims Act, and offers a brief introduction of the Act. Subsequently, the third chapter describes and analyses the individual rights that victims are entitled to exclusively under the above-mentioned law, and, in the light of the findings from practice, presents a proposals for their improvement. The Victim Act has established a number of important rights that improve the legal position of victims, nonetheless their exercise is problematic in certain cases, in particular with regard to the victim's right to information. Moreover, the fourth part briefly...

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...

Criminal sanctions of acts against the financial interests of the European Union. Daniella Sarah Sotolářová Summary The ongoing integration of the European Union - and the related extension of the powers of its bodies and closer cooperation between the Member States in many areas - brings about various new challenges and urges many subjects to deal with issues yet unresolved. This also applies to the field of criminal law and to the subjects active in criminal matters. A substantial progress has been made recently at the European Union level on the way towards the harmonization of certain criminal law standards and major steps have been taken leading to the reform of the system of the institutions and bodies active in criminal matters which include criminal offences against these standards. These harmonization and reform steps have reached furthest in the area of criminal law protection of the financial interests of the European Union against acts of a fraudulent nature. However, not everything has been achieved completely in the rapid development. It still remains open - and undefined - what really belongs among those protected financial interests of the European Union. Its normative efforts came up with the concept of criminal offences of a fraudulent nature substantially exceeding the framework of what...

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,...

The legal aspects of human rights in the court proceedings Abstract In the introductory part, this rigorous thesis deals with some legal aspects of human rights and fundamental freedoms in national, Community and international law, substantive and procedural institutes of their protection, including special cases of collision with international humanitarian law in armed conflicts. In the next part, the rigorous thesis deals with discriminatory legal norms and their application in administrative and judicial proceedings, including legal remedies under national law. In the final part, the rigorous thesis deals with the decision-making activities of the obliged entities in providing information under the Act on Free Access to Information, including the legal means of the judicial protection against illegal administrative acts of the competent administrative authorities. Keywords: Human rights, fundamental freedoms, discrimination, equal treatment, national law, Community law, international law, obliged entities, administrative body, court.

The thesis deals with current issues of the phenomenon of legalization of proceeds of crime, popularly known as money laundering. Money laundering is an illegal act intended to disguise the criminal origin of the proceeds of crime and to create the appearance of legally acquired income. In recent decades, it has qualified as one of the most pressing and serious global criminal issues. The ambition of the thesis is to contribute to a better understanding of this complex phenomenon. The thesis also aims to analyse in more detail recent legislative changes in the area of substantive criminal law and to assess whether these are an appropriate step to ensure more effective combating of money laundering. The thesis is divided into four parts. In the beginning, the thesis explains the terms of legalization of proceeds of crime and money laundering. It then presents how money laundering is carried out in practice and highlights the evolution of laundering methods from the traditional simpler domestic methods to modern highly sophisticated offshore laundering schemes. The second part of the thesis provides an overview of the legal regulation of money laundering, with an emphasis on domestic criminal law, as well...

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...

Rape in a comparative perspective with a focus on affirmative consent Abstract Rape is considered as one of the worst crimes that can be committed against another person, mainly because of the extreme interference in their intimate area. Changes in the perception of this crime can be seen in recent years both in the Czech Republic and throughout Europe. A large number of states abandoned definition of rape based on coercion and now focuse on the lack of consent of the victim. In the Czech Republic, the model based on the coercion still persists, although the Supreme Court's decisions is slowly approaching those states that have redefined this crime. These days, government and parliamentary bodies are holding seminars to discuss the need for new legislation. This thesis mainly focuses on the crime of rape from a criminal law perspective. It deals with the definition of this crime and the definition of consent in states that consider rape as sexual intercourse without the victim's consent. Based on the findings, it offers de lege ferenda considerations relating to the possible redefinition of rape in the Czech legal system, taking into account the current decisions of the Supreme Court. Its main aim is therefore to take a comprehensive view of the concept of affirmative consent and to provide a draft bill....

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...

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...

The submitted diploma thesis deals with one of the special methods of the taking of evidence in criminal proceedings known as human recognition or line up. This method is specified in the current legal regulation of section 104b, Act No. 141/1961 Coll., Criminal Procedure Code. Particular attention is paid to the general definition of human recognition "in natura". However, some less common ways of execution of this method are also mentioned, such as blank line up occurring in some foreign jurisdictions (especially in Poland). Further attention is then focused on possible significant defects during the process of recognition with its legal consequences. The whole issue is even more complicated when we take into account that recognition as a criminal method is essentially unrepeatable. The thesis analyses foreign researches carried out in some countries, especially in the United States of America. Attention is then focused also on legal regulation of line-up (parade) in England and Wales, because these countries use one of the most modern methods in the world, such as video parade or CCTV. The question of the obligation to passively pass the recognition is also mentioned. Legislation does not deal with many of important questions and details so it's necessary to build on case law and opinions of criminal law...

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

This diploma thesis deals with the topic of the competence and organization of the prosecutor's office in criminal proceedings, namely in the Czech Republic and in the Federal Republic of Germany. The institute of the Public Prosecutor's Office is a very important part of the functioning justice system, especially for the protection of justice and society from crime. The given topic can be perceived as very broad, and therefore this work is focused primarily on the comparison of the legislation in selected areas, where the differences that the legislation in question shows. In the legal systems of both states, it is possible to find a number of differences, but also similarities. The thesis is divided into seven logically arranged parts, each of which deals with a specific area of the topic in both comparative states. The first part is devoted to historical development in both states. The second part deals with the current legal regulation of the public prosecutor's office in terms of constitutional and legal anchoring, which is very different in the states. This part also discusses the issue of the classification of the public prosecutor's office into the concept of separation of powers. The third part describes the organization, where the emphasis is mainly on the system of prosecutor's offices,...

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...

Criminal liability of Corporations Abstract Criminal liability of corporations is still a current topic of Czech legal theory and practice. In order to properly grasp this new institute within the Czech legal system, it is necessary to understand the very nature and basics of legal entities, their formation and further existence. Historically, legal entities have been perceived differently and a relatively complex legal-philosophical path has led to the inference of any liability for wrongdoings or torts. Although the criminal liability of corporations is not unknown to continental law, its decline during the 18th and 19th centuries has led to the disappearance of the legal continuity. That is why it may seem today that the introduction of direct criminal liability of corporations is something completely new and absolutely unknown to countries of continental legal tradition. In this work, the author presents a number of historical arguments as to why this is not the case and demonstrates that this institute was known throughout the legal systems throughout Europe. For a better understanding of the whole issue, the interpretation is guided from the very philosophical and legal-historical foundations of corporate theories, through their later development and finally to application by recent law. The core of...

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...