Univ., Diss.--Trier, 2004. / Literaturverz. S. 374 - 444.

The crime of theft under s. 205 of the Criminal Code Theft is a traditional offence against a property and it is the most frequent offence in Czech Republic. A statistic of the thefts committed in 2011 compared to the other offences against a property is attached to this dissertation work. Every criminal offence in Czech Criminal law must be established by a statute. Theft is regulated in section 205 of the Criminal Code. Theft is unique for its duality of body of an offence. Subsection 1 regulates the basic form of the theft, whilst subsection 2 regulates recidivism. The following subsections 3-5 deal with circumstances in which more severe sanctions might be applied. The basic element of theft is wrongfulness. Only a wrongful act might be regarded as a crime. The wrongfulness might be presumed from various statutes and branches of law other than Criminal law (e.g. Civil law, Constitutional law). The other element of a theft is its body of an offence. It consists of an object, objective side, subject and subjective side. The object of the theft is value against which the offender's action is aimed. Theft's object is proprietary right of an owner. Objective side generally consists of a conduct, result and causality. The objective side of the theft according to subsection 1 is "appropriation of thing...

The topic of this diploma thesis is a crime of robbery which is an offence under title two of chapter one of the special part of the Criminal Code as a crime against liberty (section 173 of Act No. 40/2009 Coll). Despite being one of the oldest delicts on our territory, its high severity and frequency in application render this topic particularly relevant. Not only does this thesis focus on the crime of robbery itself, as defined in section 173 of the Criminal Code, but it also addresses other legal provisions of the Criminal Code which are related to this topic. All compulsory elements of the facts of the criminal offence of robbery are scrutinized in detail - its object, objective side, perpetrator and subjective side. This thesis does not only analyze the basic form of robbery defined in subsection 1 of section 173 of the Criminal Code, but also the circumstances in which more severe penalties might be applied, as defined in other subsections of this section. Furthermore, the development stages of robbery and the participation in this crime are described and a comparison between the crime of robbery and a selection of other crimes is made. Historical development of the crime of robbery and its comparison to the foreign legislation are not omitted. The conclusion summarizes the entire thesis and...

Section 718.2 (e)’s directive to canvass all available sanctions other than imprisonment that are reasonable in the circumstances, with particular attention to the circumstances of Aboriginal offenders was to be given real force. This study’s goal was therefore to identify what considerations may be impeding or encouraging the application of section 718.2 (e)’s directive through a constructivist discourse analysis of 33 court of appeal cases. The study has mapped trends and influences which weigh strongly on sentencing judges in the decision-making process and considerations that are affecting the application of this provision. Prohibitive and permissive dimensions of the Gladue case were identified related to the application of section 718.2 (e), creating competing ideals in the application of the provision. Modern Penal Rationality (MPR) underpinned many of the judges’ justifications. However, unforeseen considerations were also noted. Ultimately, MPR, dominates the sentencing calculus and diminishes section 718.2 (e)’s application and alternative/restorative potential.

Section 293 of the Criminal Code of Canada provides that polygamy is an indictable offence. In a recent reference to the Supreme Court of British Colombia, the court held that this section was constitutionally valid and did not infringe upon religious freedom because of the harm polygamous marriages caused to women, children, society and most importantly, “the institution of monogamous marriage”. This paper will revisit the court’s analysis of polygamy and discuss why it was considered harmful and preserved as a criminal act. The paper will canvas the underlying differences between the roles ascribed to marriage in Islam, as an example of a non-Western religio-legal tradition, and the collective liberal West. Ultimately, the paper will consider whether a balance can be struck between the measures required to protect women and children from harm, and preserving religious freedom, while remaining within the bounds of the Canadian Charter of Rights and Freedoms.

Section 293 of the Criminal Code of Canada provides that polygamy is an indictable offence. In a recent reference to the Supreme Court of British Colombia, the court held that this section was constitutionally valid and did not infringe upon religious freedom because of the harm polygamous marriages caused to women, children, society and most importantly, “the institution of monogamous marriage”. This paper will revisit the court’s analysis of polygamy and discuss why it was considered harmful and preserved as a criminal act. The paper will canvas the underlying differences between the roles ascribed to marriage in Islam, as an example of a non-Western religio-legal tradition, and the collective liberal West. Ultimately, the paper will consider whether a balance can be struck between the measures required to protect women and children from harm, and preserving religious freedom, while remaining within the bounds of the Canadian Charter of Rights and Freedoms.

Section 718.2 (e)’s directive to canvass all available sanctions other than imprisonment that are reasonable in the circumstances, with particular attention to the circumstances of Aboriginal offenders was to be given real force. This study’s goal was therefore to identify what considerations may be impeding or encouraging the application of section 718.2 (e)’s directive through a constructivist discourse analysis of 33 court of appeal cases. The study has mapped trends and influences which weigh strongly on sentencing judges in the decision-making process and considerations that are affecting the application of this provision. Prohibitive and permissive dimensions of the Gladue case were identified related to the application of section 718.2 (e), creating competing ideals in the application of the provision. Modern Penal Rationality (MPR) underpinned many of the judges’ justifications. However, unforeseen considerations were also noted. Ultimately, MPR, dominates the sentencing calculus and diminishes section 718.2 (e)’s application and alternative/restorative potential.

This thesis deals with an offence of Theft under s. 205 of the Act No. 140/2008 Coll. Criminal Code. The purpose of this thesis is to analyse the offence of Theft as the most often offence in the Czech Republic common the current legislation de lege lata. It also outlines the proposal for possible amendments de lege ferenda and draws attention to problematic provisions of effective legislation. This study is divided into five main chapters; each of them consists of separate subchapters. The introductory part defines the basic legal institutes related to the Theft and the institutes of other law-related fields dealing with property protection. Chapter two is the main part of this thesis which includes the analysis of the current legislation firstly in general terms and then specifically only in relation to the crime of Theft. There are obligatory and facultative the characteristics of the merits of a criminal offence, ie the object, actus rea, the subject and the mens rea. Further the chapter deals with the second paragraph of the crime of Theft which establishes the second merits of a Theft, namely the punishment of the recidivism. The conclusion of this section deals with particularly aggravating circumstances. The following chapter illustrates similar criminal offences that have several common...

This thesis focuses on the punishment of disqualification, as well as on its execution, control and related institutes. The main objective of the thesis defined in the Introduction is making a comprehensive summary of the issue with a focus on decision- making practice of the Czech courts. The text itself is divided into eleven chapters, some of which are divided into subchapters. In the Conclusion, the results of my thesis are summarized and evaluated. Besides that the thesis includes Content, Index of Abbreviations and Bibliography. The first chapter deals with general term of the punishment and it is divided into four parts. The first subchapter summarizes the concept of a punishment; the second one explains the nature of the punishment of disqualification. The third subchapter analyses the purpose of a punishment. The fourth subchapter focuses on the purpose of the punishment of disqualification. The second chapter explicates the status of the punishment of disqualification in the Czech penal system of penalties. The third chapter covers the topic of alternative punishments and it is divided into three subchapters. The first subchapter describes the concept of alternative punishments in its general sense, the second one summarizes their causes and the third subchapter shows disqualification as...

Section 718.2 (e)’s directive to canvass all available sanctions other than imprisonment that are reasonable in the circumstances, with particular attention to the circumstances of Aboriginal offenders was to be given real force. This study’s goal was therefore to identify what considerations may be impeding or encouraging the application of section 718.2 (e)’s directive through a constructivist discourse analysis of 33 court of appeal cases. The study has mapped trends and influences which weigh strongly on sentencing judges in the decision-making process and considerations that are affecting the application of this provision. Prohibitive and permissive dimensions of the Gladue case were identified related to the application of section 718.2 (e), creating competing ideals in the application of the provision. Modern Penal Rationality (MPR) underpinned many of the judges’ justifications. However, unforeseen considerations were also noted. Ultimately, MPR, dominates the sentencing calculus and diminishes section 718.2 (e)’s application and alternative/restorative potential.