Europeanization of Criminal Law This thesis deals with Europeanization of Criminal Law. The topic itself is broad, selected issues of Europeanization of Criminal Procedural Law are therefore emphasized. In the introduction, certain problems which accompany the Europeanization in a Criminal Law field are presented. The biggest obstacle is a close connection of Criminal Law with state sovereignty, which is something that states are reluctant to restrict in favour of European Union. Another hindrance to Europeanization is a difference among national criminal regulations, which make an achievement of a compromise regarding the harmonization harder. The first chapter concentrates on the terms Europeanization of Criminal Law, European Criminal Law and Criminal Law of the European Union. Their definition and differentiation is provided. The second chapter discusses in brief the evolution of Europeanization of Criminal Law prior to the adoption of Schengen treaties. The informal cooperation in criminal matters took place in this era. Unlike the one in the chapter three, which already addresses the formal cooperation in criminal matters. It describes gradual development from Schengen cooperation, through the cooperation under Maastricht, Amsterdam and Nice Treaty, up to the cooperation on the basis of...

Resumé This Master's thesis concerns murder and manslaughter under ss. 140 and 141 of the Czech Penal Code. It is impossible to solve this problem globally, because it is a very broad topic. The thesis focuses on s. 140 (3), which covers qualified murders. The author tries to describe qualified elements in such murders on the background of jurisprudence and court decisions; then he considers them. The qualified elements under s. 140 (3) of the Czech Penal Code are divided into seven chapters. The author not only describes the elements in each chapter, he also tries to analyse the possibility of legal qualification of manslaughter in situations, where qualification elements under s. 140 (3) of the Czech Penal Code are formally satisfied. Each of the chapters contains a brief comparison with German law, too. The thesis is composed of ten chapters. Chapter One is the introduction to murders and intentional killings generally. It provides the system of intentional killings under the Czech Penal Code, Czech legal history of such crimes, obligatory elements in murders and it deals with differences between affective and premeditative murders. Chapter Two introduces legal regulation of qualified elements under s. 140 (3) of the Czech Penal Code. The following seven chapters are the main part of the thesis. Chapter...

Protection of human foetus - summary The thesis gives a detailed analysis of the extent and standard of protection of the human foetus in the Czech legal system, concentrating on the aspects of criminal law. In the introductory part it presents a brief chronological survey of the synopses of the most significant instruments which constitute the subject of the thesis. The legal institutions concerned are - in the minimum necessary extent - put in the context of several key international agreements, with the emphasis laid on the provisions of the Convention on Biomedicine whose concept significantly influenced that of the Czech medical law. Also the role of civil law and its connection - both as regards the terminology and content - with the other relevant provisions of the legal system are briefly mentioned in the third chapter. However, the thesis focuses mainly on criminal law and therefore its greatest part is concerned with the means by which criminal code guarantees the protection of human foetus. Not only does it give a survey of selected criminal offences and their matters of issue, but it also underlines their connection with the provisions of the first part of the law in question as far as the interpretation and application are concerned. A brief separate chapter deals with the connection of...

English abstract I chose theme of my Master's degree thesis because it's actual because of the situation in society and new Civil Code, which changes legal status of animal. The purpose of my thesis is to analyze legal status of animal in Czech law, particularly in criminal law. I want to think about it, if is actual legislation sufficient, about problems and propose possible solutions. The thesis is composed of nine chapters. Chapter one is devoted to animal legal status in Czech law. It is divided into four subchapters, which are deal with explanation of the concept of animal, its legal status, its protection instruments and in the last subchapter is deal with animal legal status by the new Civil Code. Chapter two is focuses on public animal protection in general. In Four subchapters I summarize animal legal status in public law, constitutional framework, legislation in administrative and criminal law. Chapter three is devoted to Act No 246/1992 Coll., on the protection of animals against cruelty. Four subchapters are deal with purpose of this Act, definition basic concepts, administrative delicts and authorities of animal protection. Chapter four is called Criminal law protection of animals. This chapter has six subchapters, and in these I am thinking of causes of "new" Criminal Code, its purposes, its...

This thesis aims on the issue of duress as ground for excluding criminal responsibility in international criminal law. Duress arises from a situation when a perpetrator is forced under a threat of immediate death or bodily harm to commit a crime under international law. This thesis shortly explores duress in national legal systems, especially the differences between the duress in common law and in civil law jurisdiction. It further considers the use of duress as an argument of defence in history of international criminal law and focuses on two key judicial decisions in this area - the Einsatzgruppen case decided by the American military tribunal after the Second World War and Erdemović case decided by the International Criminal Tribunal for Former Yugoslavia. This thesis discusses with complexity the individual characteristics and conditions of duress. These characteristics and conditions are as follows: i) conduct alleged to constitute a crime under international law, ii) threat of imminent death or of serious bodily harm, iii) necessary acts to avoid threat (subsidiarity) iv) reasonable acts to avoid threat (proportionality), v) the situation leading to duress must not have been voluntarily brought about by the person coerced and vi) person coerced did not have a duty to bear this threat. Duress...

(EN): Criminal Law and Criminological Aspects of the Rape Crime The rape crime is a very specific crime. Although it belongs to the most painful and traumatic crimes, the public does not often pay enough attention to it, which in practice leads to the fact that rape victims are sometimes overlooked, treated insensitively, or their trauma is often trivialized. We also cannot ignore the fact that the rape crime is accompanied by a number of prejudices, which are for many decades ingrained in our society. All these aspects result in the fact that this crime is characterized by very high latency rate. In my diploma thesis, I dealt with the criminal law and criminological aspects of the rape crime. I was also concerned with the progress in legal regulation of rape, which has changed a lot in past 50 years. My diploma thesis consists of two parts; the criminological part and the criminal law part. The first part contains criminological aspects of the rape crime, especially general introduction into the problem and definitions of the rape according to different theories and scientific approaches, types of rape, ways how the rape is usually committed (so called modus operandi), and one chapter is also dedicated to the rape victims. In this chapter, I focused on men as victims of the rape crime; on...

Au fil du temps, la victime a acquis une place bien solide et dispose aujourd’hui d’un rôle considérable au sein du procès pénal. En effet, à l’exception de la phase de l’exécution des peines, la victime intervient effectivement dans le procès répressif en qualité de partie. De plus, la victime qui n’exerce normalement que l’action civile pour la réparation du préjudice subi par une infraction pénale s’immisce dans l’action publique au point de brouiller les frontières qui existaient auparavant entre l ’action privée et l’action publique. Il s’est produit un renouveau du sens du procès pénal, ses finalités ont été ébranlées, la réponse pénale s’est diversifiée et le rôle des acteurs par là-même modifié. L’étude des droits qui lui sont octroyés et du rôle qu’elle exerce au sein du procès répressif a révélé l’ambiguïté de son action. Il est donc apparu nécessaire de clarifier la place de la victime au sein du procès pénal. / As time went on, the victim acquired a very solid place and has a considerable role within the criminal trial. Except for the phase of the execution of sentences, the victim actually intervenes in the repressive trial as a party. Furthermore, the victim who normally only exercises the civil action for the repair of the damages suffered by a criminal offense, interferes today in the « public action » to the point that blurs the borders which existed previously between the private action and the public action.The meaning of the criminal trial has therefore been renewed. Its finalities have been shaken, the criminal justice response has been diversified and even the role of the actors in the procedure have been modified. The study of the rights which are granted to the victim and the study of the role which the victim exercises within the repressive trial revealed the ambiguity of its action. It therefore seemed necessary to clarify the place of the victim within the criminal Trial.

Le droit processuel d'enquête vieillissant couplé à une infiltration législative fulgurante, ont indéniablement complexifié l'enquête pénale. Force est de constater que cette dernière, se trouve actuellement disséminée par branche, au sein du Code de procédure pénale. Au delà de la dichotomie classique des cadres d'enquête de police (enquête de flagrance et enquête préliminaire) gravitent d'autres types d'enquête, pour la majorité de création récente, qui ont pour effet de troubler de manière importante la compréhension et la lisibilité du droit ; à savoir l'enquête de mort suspecte, de l'enquête aux fins de recherche de mort disparue, de l'enquête de personne en fuite et enfin des enquêtes dérogatoires liées à la criminalité organisée. Tous sont autant de symboles d'une enquête inadaptée et obsolète. L'objectif est donc de permettre une simplification de la procédure afin de proposer, tant aux justiciables qu'aux professionnels, une enquête pénale policière à la fois simple et équilibrée. En d'autres termes, il est fondamental de rendre toute la clarté nécessaire à l'enquête pénale policière profondément obscurcie ces dernières années. Dans cet objectif de simplification, le rôle des acteurs de l'enquête, l'office du juge, ainsi que les actes d'investigation seront revus. Pour ce faire la Convention européenne des droits de l'homme et sa jurisprudence associée ainsi que les droits de la défense subiront une attention particulière, puisqu'ils restent la clef de voûte d'un système modéré. / The aging procedural law for investigations coupled with lightning-quick legislative infiltration have undeniably complicated criminal investigations. It must be noted that the latter is currently spread across multiple branches in the Code de procédure pénale (French Criminal Code). Beyond the classic dichotomy in the framework of police investigations (On the spot and preliminary investigations) have grown others, recent creations for the most part, which have severely impaired the comprehension and clarity of the law; specifically, investigations into the death of a suspect, investigations for research purposes of people missing and presumed dead, investigations of fugitives, and finally special investigations related to organized crime. These are all just as much symbols of inadequate and obsolete investigations. Therefore, the objective is to simplify proceedings and offer police criminal investigations that are simple and balanced to both parties before the court and legal professionals. In other words, it is essential to provide the full clarity required for police criminal investigations that have been seriously clouded in recent years. As part of this objective to simplify, the role of the actors in the investigation, the court, as well as the investigative acts will be reviewed. For this purpose, particular attention will be paid to the European Convention on Human Rights and its related case law as well as rights of the defense, as they remain the keystone of a moderated system

- 1 - Abstract of Jan Horník's dissertation "Criminal law application of corruption and bribery" This dissertation, as it follows from its title, deals with the issues of corruption and bribery, mainly from the perspective of criminal substantive law. The author emphasises the fact that corruption has been discussed as an adverse social phenomenon which has for a long time constituted an issue of not only national dimension, but has been the object of activities of numerous international or multinational organisations due to its diversity and wide spread. Since the media cover corruption-related cases on an almost-daily basis (and we will leave it to the reader whether or not to believe the saying that everyone is corruptible, what only matters is the amount of the bribe offered and the circumstances under which it is offered), the author of this dissertation decided to highlight and explain the aspects related to corruption, and in that context to analyse the applicable laws of the Czech Republic. The aim of this dissertation is to introduce the reader to the general principles of the law applicable to penalisation of corruption, particularly from the perspective of criminal substantive law, and also from the perspectives of criminology and international law. The dissertation offers a general introduction...

My thesis deals with crimes of murder and manslaughter under section of 140, 141 Czech criminal code. The main goal is to analyse obligatory and facultative facts of these crimes, especially by using legal literature and tens of judicial decisions. However, this goal is not easy to achieve if the reader is not properly familiar with general issues concerning the topic. Therefore, some of more general topics are necessary part of my thesis as well. A short introduction in the beginning is followed by a chapter dedicated to human life. Human life is protected object of both discussed crimes, murder and manslaughter. What needs to be properly understood is where a human life begins and ends. Man can be only killed only if his or hers life had begun as perceived by criminal law. The chapter is focused on the majority understanding of the beginning of a new life of the legal experts (to which I also lean towards) but the minority opinion is briefly mentioned as well. The end of human life is even more important because killing another person is the merit of the concerned crimes. However, the end of the human life is mostly quite clear and it is not usually questioned by legal experts. The second more general chapter is determined to introduce the historical development of the legal regulation of the...