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The offence proceedings are a special type of the administrative proceedings, through which the administrative body adjudicate on the accused of the offence and his guilt and punishment. The purpose of the offence proceedings is to find out solution of a question, if the offence was committed and who is responsible for that. The offence proceedings are regulated mainly in the code no. 200/1990 Sb., Act on Transgressions, and subsidiary in the code no. 500/2004 Sb., Administrative Procedure Rules. Also legal principles are very important and influencing the offence proceedings. The offence is the object of the offence proceedings. The offence according to the Czech legal system is considered as a wrongful act which is injurious to the public as the crime is, but the difference between them is that the offence is less serious than a crime. The participants and the administrative body are the subjects of this type of proceedings. The offences are heard by the administrative body and the administrative body decides on rights and impose the obligations towards the offender. The participants of the offence proceedings are the accused of the offence, the aggrieved party, the owner of the thing, that might be confiscated, and the applicant, who put the petition. Before the offence proceedings begin, there is a...

Offence proceedings in the first instance Resumé The offence proceedings are a special type of the administrative proceedings, through which the administrative body adjudicate on the accused of the offence and his guilt and punishment. The purpose of the offence proceedings is to find out solution of a question, if the offence was committed and who is responsible for that. The offence proceedings are regulated mainly in the code no. 200/1990 Sb., Act on Transgressions, and subsidiary in the code no. 500/2004 Sb., Administrative Procedure Rules. Also legal principles are very important and influencing the offence proceedings. The offence is the object of the offence proceedings. The offence according to the Czech legal system is considered as a wrongful act which is injurious to the public as the crime is, but the difference between them is that the offence is less serious than a crime. The participants and the administrative body are the subjects of this type of proceedings. The offences are heard by the administrative body and the administrative body decides on rights and impose the obligations towards the offender. The participants of the offence proceedings are the accused of the offence, the aggrieved party, the owner of the thing, that might be confiscated, and the applicant, who put the petition....

Relation between Administrative and Criminal Offenses Abstract This thesis deals with the analysis of the relation between two public offenses; administrative offenses as delicts of administrative law to criminal offenses as delicts of criminal law. The thesis introduces the historical development in the Czech lands, illustrating the origin of the division of offenses of public law and its gradual transformation over time. The chapter on history concludes with the description of the models of relation between administrative and criminal offenses which have arisen in civil law over the course of history. It is followed by an analysis of the conceptual features of offenses de lege lata, in which the definition of an administrative offense is compared to the definition of a crime. The main topic of the thesis is the boundary between administrative offenses and criminal offenses, which compares the current legal regulation with the theoretical basis and further analyses the aspects of the division of public-law offenses with the indication of alternative possibilities of this division. The thesis also looks at criminal records and the influence of European Union law in determining the boundary between offenses and crimes. Furthermore, the thesis deals with the comparison of administrative and criminal...

Medical confidentiality is widely recognised as a concept worth protecting. Problems arise, however, when medical confidentiality conflicts with interests that are equally regarded as important, such as the interests of justice; the interest in criminal prosecution; the interest in crime prevention; or defence rights. In order to develop convincing and workable criteria to balance the competing interests in case of a conflict, the different interests at stake must be clearly defined, and their respective importance assessed. Different ethical approaches to the balancing process will be introduced, followed by an analysis of the law of four legal systems, France, Germany, the UK and the u.s. AIl four legal systems protect medical confidentiality by the means of private law, but only Germany and the U.S. protect medical confidentiality as part of the constitutional right to privacy. In France and Germany, a breach of medical confidentiality by a physician amounts to a criminal offence. Regardless of these differences, all systems agree that medical confidentiality serves both the privacy interests of the patient, and the public interest in protecting public health. Fundamental differences materialise with regard to the recognition of medical privilege, which is recognised in France, Germany, and some States in the U.S., but is rejected by other States in the U.S. and by the UK. While in the U.S., defence rights are regarded as more important than medical confidentiality, the same is not true for France and Germany. All systems agree that medical confidentiality can be outweighed by the interest in preventing a crime that might cause serious harm to a third party, but the criteria according to which the competing interests are balanced, differ. Based on a comparison of the different approaches, criteria for a consistent and morally justified resolution of the conflicts between medical confidentiality and the competing interests will be suggested.

Nowadays effective Criminal code, No. 40/2009 Coll., contains the criminal offence of a fraud (Section 209) and it's special cases such as the insurance (Section 210), loan (Section 211) and subsidy fraud (Section 212). Nevertheless, the situation hasn't been always like this. Less than twenty years ago the Czech effective legislature contained only the criminal offence of the so called "general" fraud. However the impossibility to persecute all of the fraudulent delinquency by applying the "general" fraud section led the legislator to amend the Criminal Code by adding three above mentioned special sections. The imperfection of the legal system in regards to the fraudulent behaviour (especially related to banks and insurance companies) in the 1990's had dramatically effected the economy of the country and formed a negative prejudice and inauspicious experience with privatisation of the state property etc. among the entire society. These days during the global financial recession has the number of fraudulent behaviour risen significantly, since the lack of procurements, the low employment rate, the general indebtedness etc. bring the debtors to the very boarder of the financial cliff of insolvency and "force" them to commit criminal offences. Therefore, it's highly important to use special tools to...

The purpose of this thesis is to analyze the offence of theft, as the typical representative of all the offences against property. The reason for my research is to offer a comprehensive view to this difficult issue. My study is composed of four main chapters, each of them dealing with different aspects of the topic. Chapter one is introductory and defines basic goals and a content of the text. This chapter also includes some considerations about the theft and about the thesis itself. Chapter two attempts to illustrate a historical introduction of the topic. It is subdivided into three main parts. The first part describes the oldest references about a theft in the history, the second part analyzes a development in the roman law and the third part is about the notion of the theft as it went through changes throughout Czech law history. Chapter three examines relevant Czech legislation. It is subdivided in four main parts. There are the nature of the offences against property and the legal formulations of offence of theft in current Act No. 40/2009 and in previous Act No. 140/1961 introduced in the first and second part of this chapter. The third part focuses on problems which followed the coming into force of the current law, such as complications caused by a new formulation of the theft and its consequences,...

(Summary) The main goal of this Master's degree thesis is to thoroughly describe the components of four criminal offences - fraud, insurence fraud, credit fraud and grant fraud pursuant to sections 209, 210, 211 and 212 of Criminal Code, No. 40/2009 Coll. These four criminal offences are classified as crimes against property. This Master's degree thesis deals with constituent elements of the above mentioned criminal offences. The author was focusing predominantly on the actus reus, mens rea, physical and mental elements of these criminal offences. But the thesis isn't confined only to mere description of those elements. The author is also analyzing and describing some of the most important and significant judicial desicions, which relate to this topic. The majority of these judicial decisions was made by the Supreme Court of the Czech republic. In this thesis, the author also deals with the possibility of simultaneity of above mentioned crimes with some of the selected crimes. In the chapter dealing with insurance fraud there is a subchapter which briefly characterizes the main instruments which are used by insurance companies in order to prevent perpetration of insurance fraud. These instruments are very diverese and various - for example, insurance companies are usually using special fraud...

Magistro baigiamajame darbe nagrinėjamos tęstinės nusikalstamos veikos teorinės ir praktinės problemos skirtingų valstybių baudžiamojoje teisėje. Darbe pateikiamos Anglijos, Jungtinių Amerikos Valstijų, Lietuvos, Rusijos, Vokietijos baudžiamosios teisės teorijos nuostatos apie tęstinės nusikalstamos veikos požymius, esminius bruožus, atribojimo nuo nusikalstamų veikų daugeto kriterijus. Darbe nuodugniai analizuojami Lietuvos teismų praktikoje priimti tęstinės nusikalstamos veikos požymiai, siūlomi teismų praktikoje neatskleistų ir nevienodai taikomų tęstinės nusikalstamos veikos požymių apibendrinimai ir galimi sprendimai vieningai tęstinės nusikalstamos veikos sampratai pasiekti. Atliktos Lietuvos teismų praktikos analizę. pagrįstai galima teigti, kad susiduriama su skirtingu tęstinės nusikalstamos veikos požymių taikymo praktika. Darbe atskleidžiami tęstinės nusikalstamos veikos požymiai, pateikiami jų taikymo pavyzdžiai. Galiausiai, pristatoma teorinė tęstinės nusikalstamos veikos atsisakymo Lietuvoje galimybė, koncentruojantis į savarankiškų nusikalstamų veikų identifikavimą. Taip pat pateikiamas naujas nusikalstamų veikų kvalifikavimo modelis, kuomet padaryta tik turtinė žala ir nerealizuoti kiti kvalifikuojantys požymiai, pateikiamas pasiūlymas dėl baudžiamojo įstatymo papildymo nauja nuostata. / In this Master’s thesis theoretical and practical problems of continuous criminal offence in different countries’ Criminal law are analyzed. Theoretical and practical notions regarding features, essential elements and delimitation criteria from multiple offences of continuous criminal offence in Criminal law of England, United States of America, Lithuania, Russia and Germany are presented. Criminal case law of Lithuania’s courts is thoroughly analyzed in this Master’s thesis regarding elements of continuous criminal offence. Suggestions and summarization for undefined and unevenly applied elements of continuous criminal offence with possible solutions for unanimous conception of continuous criminal offence are provided. After analysis of case-law a grounded conclusion can be made that practice of applying different elements of continuous criminal offence occurs regularly in judicial practice. Elements of continuous criminal offence are uncovered in this work. Lastly, theoretical possibility of wavering continuous criminal offence in Criminal law of Lithuania is provided. This part concentrates on identifying separate criminal offences. Also a new criminal offence qualification model is presented when only property harm is incurred and no additional elements are realized. In addition to the aforementioned a new part to an existing article of the Criminal Code of Lithuania is proposed to be implemented.

The Unfit Preparation and Attempt of Criminal Offence Abstract The topic of the unfit preparation and attempt of criminal offence is one of the most disputable domains of criminal law. The conflict concerns mainly punishability of an act, which cannot really result in committing a crime, and punishment of perpetrator. In the study of criminal law, two basic approaches have developed. Other theories are derived from them. The first od basic approaches is the subjective theory, which emphasizes a malice of the perpetrator. In its radical form, it omits completely an act in the world. The second approach is represented by the objective theory, which constitutes the opposite of the subjective theory. This theory emphasizes mainly dangerousness of the perpetrator's act for society. The preference of theories has been changing, that is also represented by the difference of laws. The unfit attempt can be divided in three basic groups according to what is unfit: attempt on unfit object, attempt with unfit tools, attempt by unfit subject. The thesis is divided into several parts. In the first part, the unfit preparation and the unfit attempt are introduced as evolutional stadiums of a criminal act mainly from the point of view of current law. Than unfit forms and detailed explanation of both theory follow. Also such...