Which uses of the power to criminalise are misuses of that power? When, in other words, is an exercise of the power to create a criminal offence an exercise of that power which cannot be morally justified? This thesis seeks to provide one part of the answer, by addressing an aspect of the question little discussed by criminal law theorists. Thus it seeks not classes of conduct which it is impermissible to criminalise, nor classes of objective which offence-creators cannot permissibly pursue. Rather the thesis addresses the distinct issue of means – of how criminal offences (are set up to) bring about their creators’ objectives. It asks which means of achieving objectives it is impermissible to employ or make available, and how the power to criminalise must be used to avoid their employment or availability. In answering these questions the thesis distinguishes a number of types of criminal offence, by reference to the means by which the tokens of each (are set up to) achieve objectives. The argument is that to create tokens of these types is often to misuse power, because it is often to employ, or make available, impermissible means. This judgment of impermissibility is a function of a number of principles of political morality, some of which are developed at length in the course of the thesis. No single principle (or set of principles) is presented as an absolute limit on the power to criminalise; but each is part of a complete picture of how that power can permissibly be used, and contributes to vindicating the thesis defended within these pages. That thesis, to repeat, is that some uses of criminalisation are no better than misuses, on account of the means by which the resulting offences (are set up to) achieve their creators’ ends.

This thesis develops a theoretical account of the basis and justification for the doctrine of Joint Criminal Enterptise in international criminal law by examining principles governing the ascription of criminal responsibility in English and German criminal law. The first part consists of a comprehensive review of the development of the JCE doctrine, including its historical antecedents, its initial formulation by the ICTY, its subsequent explication by tribunals and academics, and recent alternatives doctrines proposed by the ICC and by commentators. It identifies the main loopholes and contradictions in the construction of these theories, and presents factual scenarios for which these theories, particularly JCE, either have no answers, or problematic ones. The second part examines whether any of the variants of JCE can be justified as principal responsibility. It first identifies elements that distinguish international crimes from their domestic counterparts, and which are pertinent in developing an account of criminal responsibility for international crimes. It also examines the concept of perpetration responsibility in English and German criminal law and theory. It then combines the insights gleaned from these analyses to conclude that only JCE I can be appropriately considered as perpetrator responsibility and proposes a modified version of the doctrine of Organisationsherrschaft in German criminal law as a more accurate characterisation of the role and function of high level participants in mass atrocity. The final part focuses on the concept of accomplice responsibility in German and English criminal law and doctrine to address whether JCE II and JCE III can be justified as modes of secondary criminal responsibility. It concludes that JCE II and JCE III can be retained as distinct modes of accomplice liability using expressive and risk justifications, provided their operation is limited in ways that correspond to principles of secondary responsibility in domestic jurisdictions.

This work explores in general intentional homicide according to the Czech law. Until recently, all cases of intentional homicide were considered as a murder. The new Czech penal code, adopted in 2009, divides intentional homicide into two crimes: original murder and less serious manslaughter. As mentioned above, crime of murder has gone through some important changes. In recent penal code, body of this crime is more divided for better fitting for specific offender; there is distinction between simple murder, which has affective character and premeditated murder or murder committed with aforethought. The term premeditation can be basically defined as mental activity of the offender that rests in evaluating of contradictory driving motives and precedes and determines the decision to commit a crime or to commit a crime in a certain way. Premeditation and aforethought characterize cases, in which the offender had relatively higher degree of rational control over his or her criminal act. Offender had a chance to take into account the motives dissuading him from the crime. Crime of manslaughter is a new a privileged factum in the system of Czech homicide law. It has two possible factums: excusable intense mental agitation and previous condemnable conduct of the aggrieved. Next part of the work focuses on the...

My thesis is focused on the issues of the punishment for traffic offences. This topic is actually in the spotlight of the social discourse since the relatively high number of tragic traffic accidents leads to the call for the solution of the anomy on the Czech roads. One of possible solutions is also a proportional use of the state repression using the legal tools of the criminal law. The goal of this thesis is an analysis of all the punishments applicable to the traffic offences and their de lege lata and de lege ferenda evaluation. In the first part of this thesis, I will define all kinds of transportation and their legal basis. This is necessary to put the road traffic offences into their proper place in the system of traffic related offences. Furthermore, I define the traffic offence and I also elaborate on which offences are traffic offences per se. My conclusion is that we should use more restrictive approach when it comes to listing the traffic offence. Later on, I modify this restrictive approach by adding the offences of reckless endangerment and obstruction of an official decision. As a part of this chapter, I also examine each offence in the context of their practical use and judicial decisions. The second part of this thesis is focused on the traffic offender. A very specific aspect of...

Criminal Aspects of Pornography Summary The main purpose of this thesis is to introduce the phenomenon of pornography in terms of criminal law, to point out flaws in the current relevant criminal legislation in the Czech Republic and to propose a possible solution in a form of potential legislative changes. The thesis is composed of five chapters. The first chapter deals with definition issue of vague legal term of "pornography" and other related terms ("child pornography", "hardcore pornography"). Furthermore, it briefly describes attitudes to the term of pornography in the legal systems of Slovakia and the United States of America and examines the issue of so called virtual pornography. The second chapter provides an overview of the related most important international instruments such as anti-pornography treaties concluded in the early 20th century as well as modern United Nations and Council of Europe treaties and European Union legal documents aiming at combat sexual exploitation of children and child pornography. The third chapter outlines historical development of the Czechoslovak and Czech criminal regulation of pornography in the former Austro-Hungarian criminal codes, recodification draft bills from the era of the First Czechoslovak Republic, socialist criminal codes of 1950 and 1961 and later...

Resumé v anglickém jazyce The issue of this thesis is the crime of dangerous stalking, which is set out in section 354 of the Act No 40/2009 Coll., Criminal Code and which criminalizes behavior commonly known under the term of stalking. The thesis aims not only at clarification of the criminal-law aspects of this crime, but also at its presentation in a more complex approach. So the thesis is divided into three parts, which are comprised of seven chapters. The first part, which is comprised of first two chapters, deals with stalking and its victims. This part addresses both the contemporary concept and historical development of this pathological phenomenon, frequency of its incidence, its possible manifestation, impact on pursued individuals and risk, which follow to them from stalking. The second part, which is comprised of third, fourth and fifth chapter, deals with issue of the crime of dangerous stalking itself. This part addresses the process of its implementation in the Czech criminal law and also its criminal- law aspects. So this part analyses this crime and deals also with possibilities of its concurrence with another crimes and with various tools of protection, which for pursued individuals provides the whole legal system. The last third part is comprised of sixth and seventh chapter. These...

The diploma thesis The crime of rape under s. 185 of the Criminal Code consists of two major parts, which are divided into further subsections - first part consists of four main chapters and second part consists of six main chapters. The first part of the thesis, dealing with the criminal-law point of view, starts with a brief discussion of the sources of criminal law. The chapter then presents a comprehensive description of the development of the offence of rape in the Czech territory since antiquity up to the 20th century. The changes of elements of a crime and the very perception of punishability of rape may serve as a demonstration of advancement of personal freedom. Subsequently, more attention is devoted to the analysis of the current version of rape in the Criminal Code, Act No. 40/2009 Sb., which is currently included in Title III of the special part of the Criminal Code called Criminal Offences against Human Dignity in Sexual Sphere. The criminal law part concludes with a brief summary of the basic features which discriminate rape from sexual coercion and sexual abuse. The second part of the thesis focuses on criminology. First moral criminality, which subsumes rape, is defined in general terms. The definition is followed by statistical summaries, presented in graphs and tables, and by a...

In this thesis, I examined the definition of euthanasia and its different forms, as well as the legal evolution of this term and its constitutional foundations in the Czech Republic. Furthermore, I focused on the legislative treatment of euthanasia in the Czech criminal law, and compared it to the legislative treatment of euthanasia in Australia, Colombia, and England. In every individual state, I tried to capture the most important moments concerning the legal regulation of euthanasia and assisted suicide. In Australia, I focused mainly on the very first legal regulation of euthanasia, in Colombia, progression of an application of the Constitutional Court judgment on active euthanasia and in England, the evolution of relevant case law, usually related to assisted suicide. The most detailed explanation, of course, focuses on the Czech Republic. In my analysis, I used a variety of Czech and foreign legal sources, including modern sources such as video conferencing. By comparing the approaches, I provided a general overview of differentiation of euthanasia and its potential criminal impact. I subsequently listed some foreign legal examples of judicial treatment and legal regulation of euthanasia and assisted suicide, currently unrecognized in the Czech legal literature. The main contribution and...

Road transport intervene in life perhaps each of us. Road transport play to journey to work, spending, medical care, no matter what already like drivers or co - driver or embarkment agents collective transport persons. At present is already quite common that the family personal two car, sometimes and more. S crescendo number vehicles in our households thereby fall and in - service on way, shoot up number enmity on roads, that often end in accident. Accident are also most frequent case offences or punishable act in road transport. Most accidents hasn't calamitous consequences, every day we're news media, especially television and internet, confronted with tragic aftermath serious accidents, that happen in all limits Czech republic. Unfortunately like general prevention these jerked - in - fillings and news malfunction so always speed ill general drift on the up grade of the number of accident stop. In his work first delimitate conception transport and road transport, try to explicandum punishable act in transport and will describe individual punishable act, that come into question like punishable act in transport. Most extensive volume of work will devoted punishments attempt life behind punishable act in road transport, when first carry out common expose punishments and purpose punishment and after it take...

Title: Bribery and its topical problems This diploma thesis is mainly focused on bribery, its topical problems and their possible solutions for the future. The text is divided into six chapters. The opening chapter deals with the definition of corruption which is a very extensive term. It also clarifies its relation to bribery which is essential for clarity and coherence of this thesis as these two terms are often interchanged. The second chapter focuses on demonstrating the severity of this criminality by pointing out selected criminological aspects of corruption, specifically the extent of corruption and the causes of corruption in general. The following chapter is dedicated to the legal regulations of bribery in the substantive criminal law. The attention is paid to fundamental terminology such as bribe, public official, the concept of general interest and elements of relevant criminal offences. The thesis would not be complete without a description of the procedural part. Therefore, the fourth chapter illustrates the actual problems of the Police, public prosecution system and court system and the need for the establishment of special departments dealing with corruption. The fifth chapter describes legal instruments that support successful detection and proving of bribery. It contains an...