Indirect perpetration The concept of indirect perpetration applies when a deliberate crime is committed through a person which is not liable under criminal law for the act (by so-called "live instrument" or "innocent agent"). Such a person may however be held liable for another offense, but not for a deliberate crime for which she had been used. In order for an activity to be regarded as an indirect perpetration, the direct perpetrator must have a "dual intent": to commit an offense and that the innocent agent be not criminally liable. The legislation provides the following examples of indirect perpetration: use of a person not criminally liable for the lack of age or insanity, a person acting under a mistake or in self-defense, extreme emergency or other circumstances precluding unlawfulness or a person which did not act or did not unlawfully culpably, or a person which did not with a special intention or and intention presumed by the law. Indirect perpetration is in many cases similar to participation in crime (accessority), especially to counseling. The difference between indirect perpetration and participation is that the former involves using a person which is not criminally liable. The similarity between indirect perpetration and participation led some authors to refuse the former concept at...

The thesis describes psychological profiling of an offender, which is a method used for investigating serious criminal acts. It was developer in the United States of America, particularly on the FBI ground, and is based on creating an image of probable unknown offender. The goal of the thesis is to provide readers with basic information about what is psychological profiling and how the process works. The paper is divided into five chapters. First, opening chapter is divided into three parts. In the first one, the reader can find information about the term psychological profiling, how it is defined and what is it for. Second part contains information about history of the method including some about the development in the Czech Republic. The third part describes offences suitable for profiling and those which are not. The second chapter is focused on creating the profile. First it describes the characteristic of the crime scene as basic information for the investigation, and then the typology of offenders is mentioned, directed at organized and disorganized typology. The end of this chapter is dedicated to the final look of the profile. In the third chapter some approaches to profiling are mentioned. These are the FBI model, named crime scene analysis, then profiling in Germany and Great Britain. This...

The master's thesis provides a rare insight into the issue of stages of the commission of crime from the perspective of two different legal systems through a comparison of the 40/2009 Coll., Penal Code's and the Model Penal Code's provision on criminal attempt in all its major aspects. The purpose of such comparison is to identify the most important differences between the two approaches, to assess the quality of the Czech Penal Code's arrangement and to consider any de lege ferenda suggestions arising for the Czech Penal Code from the detected distinctions. Such is provided through a thorough analysis of the Czech relevant legal framework, an analysis of the major relevant aspects of the Model Penal Code and a following scrutiny of the differences discovered. Powered by TCPDF (www.tcpdf.org)

This thesis deals with the issue of modus operandi and it is primarily focused on the forensic importance of this phenomenon. The aim of the thesis is to provide a complex view including all the important aspects of this phenomenon. The object of the thesis is filled within particular chapters. The definition of the concept modus operandi is solved at the beginning followed by the analysis of the components of modus operandi. The most comprehensive passage is focused on the determination of the modus operandi including its objective and subjective determinants. Than follows the description of the mechanisms forming the modus operandi. Eventually is given the analyses of the importance of findings about the modus operandi for various spheres of criminology. The main benefit of this thesis is to provide the summary of the facts regarding the modus operandi, which allows us to describe this phenomenon in details and then use these findings in forensic practise.

The goal of this thesis is to provide a comprehensive comparison of national legislations governing assistance provided to crime victims in both the Czech Republic and Finland. Although emphasis has been placed on analysis of the respective legal regulations of both countries, it also places the issue into historical context while analyzing international requirements laid down by the Council of Europe, the European Union and the United Nations. At the end of the thesis, the level of victim protection in both countries is assessed and particular de lege ferenda proposals are submitted. The first chapter offers historical and international insight into the assistance of victims of crime and details how this field has evolved over the last hundred years. The second chapter describes the development of protective legislation in the Czech Republic and Finland. In chapter 3, the different types of assistance provided to victims in practice, regardless of the existence of relevant regulations, are analyzed. The fourth chapter explains the legal terms "victim" and "injured party", with a view toward their use in subsequent chapters of this thesis. Chapter 5 discusses the position of the injured party in criminal proceedings, including the feasibility of achieving their rightful claims while the sixth...

Protection of Victims of Crime Abstract This diploma thesis deals with the issue of protection of victims of crime. The first chapter is focused on victimology - a branch of criminology that scientifically studies the relationship between a victim and an offender. This chapter also deals with various historical and current approaches in victimology. The partial goal of this chapter is to provide an overview of the theoretical background, which should provide the reader with a basis for understanding the position of victims, protection of victims and their role in criminal proceedings, which are discussed in the following chapters. The second chapter deals with the phenomenon of the victim of crime. This chapter analyzes the concept of the victim of crime, compares the definition of the victim in the law of the Czech Republic and in the law of the European Union. It also deals with society's response to crime, the relationship between society and the victim, and some misconceptions about the so-called ideal victim. The relationship between society and the victim can be key to the victim's willingness to report committing of crime to law enforcement authorities, so I pay close attention to it. The third chapter deals with the individual rights of victims under the Act on Victims of Crime. The aim of the work...

Assistance to victims of crime Abstract This master's thesis deals with the assistance to crime victims and it is divided into seven chapters. The first chapter is devoted to the theory of victims and defines its basic terms such as primary and secondary victimization. It also describes the history of the victim and points out the most common stereotypes in the area of attitude to victims. The main part of the thesis describes the legislation. It deals particularly with the Victims of Crime Act which strengthened the victim's position in criminal proceedings and extended their rights. The aim of the thesis is to analyze the definitions of the victim and the vulnerable victim that are contained in the act. Consequently, the purpose is to compare the terms of the victim as a subject of a special care and the injured party as a subject to criminal proceedings. The fourth chapter thoroughly analyzes the six fundamental rights of the victim, which are enshrined in the Victims of Crime Act. The thesis points out that the right to information, which on the other hand means an information duty for the Police of the Czech Republic, law enforcement authorities and entities registered in the register of aid providers, is not pursued sufficiently. The police authority provides victims with the police caution of several...

The purpose of my thesis is to provide description of modus operandi. Specifically it is focusing on determining factors and their influence on modus operandi. It is divided into seven main chapters. Theory is supplemented with examples of forensic practice. The first chapter is providing the description of term modus operandi. This section is also including the part dealing with terminology. Following chapter is about components of modus operandi. The components are divided by their character and their degree of complexity. The third section is dealing with determination in general. The thesis continues by two chapters describing the determinants of modus operandi. The first section is analysis of objective determinants and the following part is about subjective factors. Section of determination is devoted an immense part of my thesis. The sixth chapter is describing mechanisms of formation modus operandi. Conclusion is dealing with forensic significance of modus operandi, concretely the significance for creation of investigative versions, forensic record "modus operandi systém", forensic identification and also for forensic prevention.

The Criminal Act, No. 140/1961 Sb., was amended many times during its effectiveness. The amendments reacted mostly to the actual needs given by changes of crime development. During the 1990s it became obvious that these changes could not be sustainable for the future. Recodification of criminal law was prepared, and finally approved by the Parliament of the Czech Republic. The new Criminal Act came into force on 1st January 2010. The purpose of my thesis is to analyse the concept and classification of offences in the new Criminal Act. The thesis consists of eight chapters, each of them dealing with different aspects of the concept and classification of offences. Chapter One is an introduction briefly explaining the need for the new Criminal Act. The introduction also includes a short outline of the thesis. Chapter Two defines basic terminology used in the thesis (the definition of an offence, the concept of an offence and the classification of offences). Chapter Three examines the historical development of the concept of an offence and categories of offences. This chapter focuses on the Austrian Criminal Act 1787, the Austrian Criminal Act 1803, the Austrian Criminal Act 1852, draft bills of the Criminal Acts 1926 and 1937, the Criminal Act 1950 and the Criminal Act No.140/1961 Sb. Chapter Four...

The Concept of a Criminal Offence in the Czech Criminal Code Abstract The presented thesis deals with the matter of the concept and particularly of the conception of a criminal offence. Committing a criminal offence is an exclusive requirement for establishing criminal liability. Despite its significance for substantive and procedural criminal law, there are still both some academic and practical uncertainties concerning its conception in the criminal code in force. This thesis aims to thoroughly explore the conception of the criminal offence in the criminal code, starting from the basic theoretical questions, current legislation in force including its historical development and finally to highlight some legislative issues and its possible solutions through de lege ferenda proposals. The first chapter of this thesis concerns with the matter of defining basic concepts that the criminal offence is based on. It further deals with the theoretical models of conception and concept of the criminal offence that might be used by the legislator while creating the law and describes its strengths and weaknesses. Furthermore, it deals with its combinations. The next part of the thesis focuses on how the legal regulation of the concept and conception of a criminal offence evolved in modern codes of criminal law in our...