Conclusion - Problems of custody instrument The topic of this diploma thesis is area of problems of custody instrument. This security instrument of procedural criminal law brings many problems especially in the area of its application and its performance. Nowadays this issue is considered to be greatly controversial which is obvious with regards to its grave breach of human rights. Custody also provides great space for existence of judicial errors due to requirement of immediacy decision and contradictory interests of accused person and investigation authority. The topic of diploma thesis is divided into 4 chapters. The first chapter comprises development of criminal procedural law and related development of custody. This chapter provides general summary of the development of custody and it should introduce custody from the perspective of excursion into history of custody. The chapter also appoints to the most important phases of development of custody instrument. Following chapter contains facts about material custody law de lege lata. For first there is interpreted the term of custody instruments and assumptions for its application. This chapter also deal with the most important principles of custody and reasons of custody and its application. The end of this chapter focus on strengthened custody and...

Resumé v anglickém jazyce This thesis is focused on the crime of stalking under s. 354 of the Criminal Code no. 40/2009 Coll. This crime affects a phenomenon referred to as stalking in terms of criminal law. The aim of the thesis is to provide a comprehensive view on the issue of stalking in a broader context than just the one of criminal justice, and to compare the crime of stalking under the Czech criminal law with selected foreign laws. The thesis is divided into two major parts. The first part consisting of the first four chapters characterises the above-mentioned phenomenon mainly from the view of criminology and forensic psychology. The second part attempts to analyse the crime of stalking itself. The first chapter deals with the definition of stalking while evaluating and refuting the myths associated to this phenomenon. Then a brief history of the term is mentioned, followed by the descriptions of different types of stalking conduct highlighting mainly the ex-partner stalking, cyberstalking and stalking of celebrities. The first chapter also explores the beginnings and development of the Czech anti-stalking legislation. The second chapter focuses on the stalker in terms of criminology and forensic psychology. Different types of stalkers are illustrated according to selected typologies. The focus is...

The thesis concerns the questions related to the criminal liability of legal entities, with focus on their sanctioning. The criminal law is being traditionally linked to the criminal liability of an individual. The social environment has changed in the last decades in such a way that it was vital to reflect its negative consequences. In a number of EU countries, the action resulted in implementation of criminal lability of legal entities. The Czech Republic used to be a country where the criminal lability of legal entities was not complied with for many years. The change was brought by adopting the act of No. 418/2011 valid from 1st January 2012, dealing with criminal liability of legal entities and its related proceedings. The thesis is devided into four chapters. The opening chapter focuses on theoretical questions of criminal liability of legal entities. Different approaches to the matter are analysed here in detail, international and European commitments of the Czech Republic in relation to criminal liability of legal entities are also mentioned. The second chapter is related to the basic rules of sanctioning the legal entities. Theoretical definition of "sentence" and "preventive measure" terms can be found in the first part of the chapter. All rules for sentencing and specific criteria for...

The topic of this Master's thesis is the analysis of criminal liability of legal entities in the Czech republic that is contained in the Act no. 418/2011 Sb., on Criminal Liability of Legal Entities and Procedure against them, which was adopted on 22. 12. 2011. It is a topical isuue, which still contains a lot of unanswered questions. The aim of the thesis is to familiarize the reader with this new institute in the Czech legal system, with which there are not many practical experiences yet. Taking into account the extent of the thesis, it does not include a comprehensive analysis, but it focuces on key issues in the legal regulation. The work is also dedicated to the regulation of this institute in the Spanish legal system. The thesis is divided into three chapters. The first chapter deals with general issues that are related to the criminal liability of legal entities. It presents the historic development, models of liability of legal entities for offences, international regulation, corporate criminal liability in the Common law system and the reasons for and against introducing criminal liability of legal entities into legal system. The second chapter is devoted to the analysis of current legislation criminal liability of legal entities in the Czech Republic. It is focused on the nature of the...

Euthanasia represents one of the most controversial topics around the world. As I mentioned in the first chapter there is no worldwide consistency whether to accept the idea of legalization Active Voluntary Euthanasia ("AVE") or not. The goal of this diploma thesis is not to persuade anybody. In approximately 60 pages of the text I am providing readers with some essential information about euthanasia in the Czech Republic. I am also trying to compare the foreign legal regulation of euthanasia and assisted suicide but theoretical ideas as well. The first chapter is mainly trying to capture the reader's focus and setting the theme of my diploma thesis. The second chapter of my thesis is called ,,The Term Euthanasia". This chapter provides readers with several definitions of euthanasia and Physician Assisted Suicide ("PAS") as well as some historic data. The act of euthanasia has its origin in Greek. First word euthanasia is mentioned in old Greek literature. The term euthanasia is composed from two Greek words. Eu which means good or normal and Thanatos which means death. The word euthanasia can be literally translated as a "good death". It should be mentioned that during the centuries the meaning of euthanasia has changed. Today's understanding of euthanasia is ending ones life in order to relieve...

The aim of the thesis is to analyse judicature dealing with environmental crime of Czech courts. The reason for my research is fact, that environmental crime is one of the most dangerous for all human kind and there is such a small attention paid to it here in Czech Republic. The thesis is composed of five chapters. Chapter one is introductory and lines out goals of the thesis, terminology and techniques used in the thesis. Chapter two provides an outline of relevant Czech case law. This chapter is subdivided into six parts. Each part looks at special kind of environmental crime such as cruelty to animals, poaching, illegal wildlife trade, forest damage etc. Chapter three concentrates on impact of criminal liability of legal entities on environmental crime. Chapter four examines the infrequency of environmental crime coming before the court. Conclusions are drawn in Chapter Five. Frequent changes of complicated legislation have crucial influence on fighting the blight that is environmental crime. Prosecuting authorities are not motivated to prosecute the environmental crime because of light sentences. Czech courts also sometimes tend to legal positivism which brings out controversial judgements, especially in combination with poor-quality legislation.

The diploma thesis analyzes the relationship between the Czech Republic and the International Criminal Court. The purpose of my research was to compare the Rome Statute, an international treaty by which the International Criminal Court was established in 1998, with the Czech constitutional and criminal law. The Czech Republic ratified the Rome Statute in 2009. The Czech Republic committed itself by this ratification to provide for international judicial cooperation and legal assistance to the International Criminal Court. It is necessary to realize that a lot of crimes against international criminal law happen in the today's world and many of these crimes are under the jurisdiction of the International Criminal Court. The Czech Republic has to be ready to act, if the need occurs, a so it is necessary to know how the Czech authorities would proceed and if all of the obligations under the Rome Statute are possible to be realized in accordance with the national law. For this reason this thesis attempts to clarify the link between the Rome Statute and the relevant Czech legislation. So I have made a comparison of the Rome Statute and Czech legal system and tried to find answers for the following questions: whether the Rome Statute is in accordance with the constitutional order of the Czech Republic,...

The aim of this paper is to analyze the actual problems of the Czech penitentiary system and to find its weak points. It also tries to propose the convenient solutions. The extend is reduced to the Czech prison system and pre-trial or other forms of detention are excluded. The thesis is divided into seven chapters. The first one deals with the finance related issues, which can be marked as the most significant problem. As in the other parts of the world, Czech prisons are beyond the usual sphere of interest of the politicians and therefore face a long-term funds shortage. I am afraid it is not going to change soon. The prison service of the Czech Republic, which keeps our prisons, has to be more efficient in spending money. Privatization or appropriate outsourcing policy is a good example how to achieve it. The second chapter describes overcrowding in the prison facilities. It is considered to be a very actual topic. The law guarantees 4 square meters per a convict, but we are nowadays facing a huge income of new prisoners and the prison capacities are not sufficient. It causes several problems. Inmates live in inhuman and degrading conditions, overcrowding creates underground prison life and it also impedes social reintegration. Another weak point is that the average capacity of the Czech prisons is 500...

The progress of criminal law in 18th century in our country The main theme of this graduation thesis is the progress in substantive criminal law and procedural criminal law in the 18th century in our countries. Part of the work focuses on the codex published in 1803, as it was highly progressive for the period. Its inclusion in the thesis was, therefore, logical and necessary. The whole development of criminal law in Czech countries has been derived from the progress of criminal law of the Habsburg monarchy, which Bohemia was a part of. As a secondary theme the thesis elaborates the historical development of the monarchy in this period, philosophical and religious orientations and beliefs, the greatest thinkers and previous legislation drawn by policy makers in the 18th century and often accepted in the first half of the 18th century. This work also discusses the progress of the structure of capital justice in our country, which focuses mainly on personal and material equipment and the reason for the gradual reduction of capital court. In a special chapter the correction progress of crimes against divine majesty, on which the opinion has changed over the century, is discussed; namely the change from strictly punishable crime to offenses and then their return back to crime. This chapter also includes a...

Resumé Issues of Criminal Liability of Legal Entities This thesis deals with criminal liability of legal entities and with delictual liability of legal entities. Even though there is no Czech equivalent for the institution of criminal liability of legal entities, and consequently it cannot be part of Czech legal system, there have been many heated debates, conducted both by professionals, politicians and amateurs. Czech criminal law does not contain the term collective responsibility, as it is traditionally based on the individual criminal liability. It has adopted the principle societas delinquere non potest, and for this reason the introduction of criminal liability of legal entities would be perceived as massive change, change that could have profound impact on the Czech criminal law as such. The topic is controversial; it is manifested in the way the arguments pro and contra are submitted. The thesis consists of seven chapters. Basic definitions are followed by a short historical overview of delictual liability of legal entities in European continental law. Next chapter lists arguments pro and contra introduction of criminal liability of legal entities. Tendencies in international and in European continental law constitute one of the main arguments for introducing this institution into Czech legal...