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Criminal Liability for the Dissemination of Illegal Content on the Internet
Grejták, Igor ; Gřivna, Tomáš (advisor) ; Richter, Martin (referee)
Criminal liability for the distribution of illegal content on the Internet Abstract The thesis deals with the question of criminal liability for the distribution of illegal content in the Internet environment, approaching the issue from both a theoretical and practical point of view. In the first part, the thesis describes in a historical excursion the emergence of the Internet and the development of cybercrime from the first criminal activities to the current threats. Its main objective is to assess the timeliness and adequacy of legislation in the area of criminal liability for the dissemination of content in the Internet environment. Within the framework of criminal liability, the thesis categories entities involved in the distribution of illegal content in the Internet environment into three distinct groups. Specifically, it distinguishes between the criminal liability of content distributors, the liability of information service providers, and the liability of autonomous machines capable of generating and distributing content. The second part of the thesis deals specifically with the criminal liability of distributors of illegal content. It defines the concept of criminal liability and places it in the context of liability for the dissemination of illegal content on the Internet. Within this section,...
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Criminal aspects of assisted reproduction
Paták, Milan ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The concept of assisted reproduction is widely discussed by both professional and lay public. New scientific discoveries in the fields of biology and medicine as well as the use of methods and procedures that enable the emergence of new life raise number of issues, not only the legal ones. The purpose of this thesis is to provide the comprehensive survey of criminal law relationships which may arise in the context of providing the assisted reproduction. The thesis examines whether the current legislation guarantees sufficient protection of relations, interests and values covered by the Criminal Code. Within the analysis of crimes the thesis deals with the need for criminal repression and gives proposals de lege ferenda. The thesis is composed of five chapters. The first chapter is subdivided into two parts. Part One defines the concept of assisted reproduction, describes the historical overview of the events that preceded the current interpretation of the concept and explicates basic medical terminology related to the chosen topic. Part Two presents the basic principles on which the Czech regulation is established and contains specification of the relevant sources of law. The second chapter briefly characterizes the criminal and medical law and clarifies their relationship. The third chapter deals with the...
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Criminal liability in the handling of narcotic drugs and psychotropic substances in the health care sector
Jedličková, Kristýna ; Bohuslav, Lukáš (advisor) ; Drápal, Jakub (referee)
The present thesis deals with the criminal liability in the handling of narcotic drugs and psychotropic substances in the health care sector, which is accompanied by a number of nooks and crannies that I try to reveal in the thesis. The thesis explores the duties and responsibilities of health service providers, whose role is crucial to ensuring quality care and patient safety. The first part of the thesis focuses on defining basic terms in the field of health service delivery. Then the thesis analyses the obligations that health service providers, especially doctors, have to comply with. The key term is the duty of lege artis, and the thesis discusses in detail the various aspects of this duty, its violation in the form of non lege artis procedure, and then provides examples from practice. The second part of the thesis is devoted to medicinal products, whereby their development up to registration is first presented, followed by their prescription. An important topic is also off-label medication, which "gained popularity" especially in the period of the COVID-19 pandemic. The third part of the thesis deals with criminal liability and its basic aspects, together with circumstances precluding illegality, which are focused on the area of provision of health services. This part then discusses in detail...
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Criminal liability in public procurements
Richter, Martin ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee) ; Kalvodová, Věra (referee)
1 ABSTRACT Criminal liability in public procurements The thesis deals with the criminal liability in public procurements. Public procurement is a very complex and organized activity, the criminal assessment of which, however, cannot reliably lead to satisfactory results on the basis of existing doctrine. The primary goal of this work is therefore to identify the roles and extent of criminal liability of individual actors in the decision- making process of public administration and on this basis to analyze which type of negotiations concerning public procurement may be punished under a special part of the Criminal Code. The importance of effective prosecution of criminal offenses relating to public procurement results from the fact that amount of funds in public procurement correspond to tenth of gross domestic product. For easier orientation of the reader, a formal structure was chosen so that, as far as possible, it comes as close as possible to the standard criminal law teaching on elements of a crime. Specifically, the chapters are divided into actions in public administration, its criminal relevance, the consequence in public administration, the subject, the subjective aspect, circumstances precluding illegality and finally to crimes related to public procurement. From the material point of view, the...
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Crimes Against Wildlife
Vokoun, Michal ; Dvořák, Marek (advisor) ; Šelleng, Dalibor (referee)
Crimes Against Wildlife The subject matter of this diploma thesis is the protection of wildlife species by means of criminal law. It maps the current legal regulation in this area at the international level, on the EU level, as well as in the Czech national law, especially in terms of possible criminal sanctions that can be imposed under the law for illegal handling of these animals. On the global scale, it covers in particular the CITES Convention, but also other international conventions such as the Bonn Convention, the ICRW or the Bern Convention. As for the law of the European Union, it works with the CITES Regulation and other related regulations, as well as the Directive on the protection of the environment through criminal law. As far as the Czech law is concerned, the thesis provides a detailed analysis of the crimes most closely related to the issue, i.e. the crime of unauthorized handling of protected wildlife species under s. 299 of the Criminal Code and s. 300 of the Criminal Code (in the negligent variant) and the crime of poaching under s. 304 of the Criminal Code. Here, it analyses the individual elements of these crimes, including the circumstances conditioning the application of higher penal rates, and also addresses the justification and difficulties with the application of...
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Public liability of members of municipal bodies in public administration decision-making process
HRUBEŠOVÁ, Patricie
The thesis focuses on the issue of public liability of persons in relation to their membership and decision-making in elected bodies of local governments. The work presents theoretical background related to the issue of public liability of individual members of municipal bodies, while these theoretical findings are further applied in the practical part, which contains the characteristics of available statistics of crimes committed by persons in this position. The overall data is then supplemented by the data obtained in fifty municipalities of the South Bohemia Region, on the basis of which the current situation and developing tendencies in this area are derived, including a demonstration of the possible negative financial impact on municipal finances. The resulting conclusions are critically evaluated with suggestions of examples of adequate responses to the current situation and its improvement in the future.
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Cyberbully from the perspective of a primary school teacher and the possibility of preventive measures
VAŇKOVÁ, Tereza
This work deals with the issue of cyberbullying among primary school pupils from the perspective and experience of teachers and professional staff. The essence of the thesis is to focus on the teachers' perspective on the issue of cyberbullying. In the theoretical part of the thesis, readers are introduced to the communication technologies through which cyberbullying occurs. Particular attention is paid here to social networks, which are currently a trend not only among pupils. However, the most important part is the section that describes cyberbullying, its differences from traditional bullying, focuses on both the aggressor and the victim of cyberbullying, focuses on the manifestations of cyberbullying and also notes the role of parents, but especially the school, in preventing and detecting the unwanted phenomenon. It also addresses cyberbullying from the perspective of both the aggressor (criminal liability) and the victim (organisations and institutions helping victims of certain crimes). The practical part focuses on data collection and the presentation of the questionnaire. Furthermore, the results of the questionnaire conducted in cooperation with primary school teachers on the issue of cyberbullying are presented.
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Criminal Aspects of Tax Optimization of Legal Entities
NOVÁK, Adam
The aim of this bachelor thesis is to analyse the possibilities of tax optimization and related criminal law aspects of legal entities. The process of tax optimization is examined mainly in the environment of double-entry bookkeeping and the related issues of creating some significant taxes, especially corporate income tax. Subsequently, the criminal law impact due to erroneous or intentionally erroneous accounting activities will be described. The research is carried out in the form of questionnaires and guided interview obtained from legal entities from the private sector. Respondents are different companies in terms of size. The guided interview was conducted with tax advisor who occupies this issue in his practice. The expected outcome of the thesis is to find out how often and under what conditions tax optimization takes place in individual economic entities and whether these entities are aware of the criminal liability arising from it.
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Criminal Liability for the Dissemination of Illegal Content on the Internet
Bydžovský, Petr ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
and key words Thesis title: Criminal Liability for the Dissemination of Illegal Content on the Internet The thesis deals with the issue of criminal liability for the dissemination of illegal content on the Internet with a closer focus on the issue of hate crime, extremism and terrorism. It is divided into two parts, each of which represents a separate chapter. The work is mostly based on case law sources, but parts dedicated to cases in which are criminal proceedings still pending are using Internet sources mainly. The first part categorizes harmful content on the Internet and enumerates the possibilities of its regulation, then deals more generally with concept of criminal liability, distinguishing the specifics of natural and legal persons. It deals with other possibilities of sanctions of legal persons by instruments other than criminal law, including giving examples from case law where these instruments were used. It defines the terms "cyberspace", "cybercrime", "computer crime", discusses the scope of criminal law on the Internet. It also addresses the problem areas of sanctioning hate speech in terms of the international nature of cyberspace, in particular with regard to differences in freedom of speech legislation in the United States, including specific examples where, despite differences,...
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Protection of environment in criminal law
Gříbková, Andrea ; Humlíčková, Petra (advisor) ; Stejskal, Vojtěch (referee)
The final thesis is focused on the environmental protection in the Czech republic in the field of criminal law. Chapters are concentrated on the explanation of the basic elements, relations and principles for better orientation in the issue of criminal law environmental protection (Chapter 2). It also analyzes the evolution of the environmental protection in the Czech republic, in the European Union and on the international level in general (Chapter 3). The final thesis is mostly focused on the subject of the substantive criminal law (Chapter 4). The elements of a crime are defined and analyzed. Furthermore the attention is directed towards a criminal liability and sanctions in case of a violation of the environmental protection rules covered by criminal law justice. In its final chapter, the thesis concentrates on the procedural part of the criminal law (Chapter 5).
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