|
|
Criminal Liability of Legal Entities
Bureš, Richard ; Bohuslav, Lukáš (advisor) ; Tejnská, Katarína (referee)
In the thesis titled Criminal Liability of Legal Entities, the author focuses on the introduction of a relatively new institute (set of laws) of Legal Entities' criminal liability. This was introduced into the Czech legal system by Act No. 418/2011 Coll. on Criminal Liability of Legal Entities and proceedings against them taking effect from 1st January 2012. The whole thesis is divided into 13 chapters, in which the topics related to the regulation of Criminal Liability of Legal Entities are discussed in detail. An emphasis is placed primarily on the substantive aspects of the Act on Criminal Liability of Legal Entities ("the Act"). The beginning of the work describes historical development of the institute of Criminal Liability of Legal Entities in continental Europe and countries governed by common law. Subsequently the thesis focuses on the adoption of the Act in the Czech Republic. Czech Republic is among one of the last countries in the European Union to adopt the Act. The thesis also focuses on the analysis of the basic substantive provisions of the Act. Furthermore, the author elaborates on the extent of criminalization of the Legal Entitys' actions, the institute of imputability of a criminal offense to a legal entity or the possibility of depriving a legal entity of criminal liability. The...
|
|
|
Criminal offences dangerous pursuing and dangerous threatening
Svoboda, Michal ; Bohuslav, Lukáš (advisor) ; Šelleng, Dalibor (referee)
113 Criminal offences dangerous pursuing and dangerous threatening Abstract This thesis aims to analyse especially the criminal law perspective of the crimes of dangerous pursuing and dangerous threatening. A criminological perspective is also included in the text. Therefore, sanctioning and connected issues as the seriousness of these crimes and their social harmfulness can be analysed. Based on this analysis, it is then assessed whether the current legislation is sufficient to be able to effectively prosecute the perpetrators of these crimes. The content of this work is divided into two main parts, where the first part is devoted to the criminal law aspects and the second part is then devoted to the criminological aspects. The first part deals with issues related to the legislation, where all the features of these crimes are analysed in detail. The thesis also discusses the issue of the classification of these crimes in the system of the criminal code and possible alternatives. The issue of sanctioning the perpetrators of these crimes is also discussed in detail, where not only punishments and protective measures are analysed, but also substantive and procedural alternatives to punishments are assessed. The last chapter of the first part deals with a comparison of the legal regulation of these crimes in...
|
|
|
Military justice in the Czech Republic
Ožďan, Pavel ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The topic of the thesis is military justice in the Czech Republic. Thematically, this thesis builds on my previous thesis titled Military criminal law in the Czech Republic, focusing primarily on the substantive rules of military criminal law. Military justice is a specific area of criminal law consisting of several seemingly separate elements. The connecting and at the same time characteristic features of military justice are the limitations of its powers and competences exclusively to soldiers, or to persons having similar status and mission as soldiers, as well as to the direct relationship of persons with military justice to the armed forces. Although military justice in the Czech Republic in the true sense of the word ceased to exist on 31.12.1993, some of its elements persisted until today. The purpose of this thesis is to present a comprehensive picture of the military justice in the Czech Republic, as according to my findings, such comprehensive thesis has not been published so far. For this reason, I was forced to base my research mainly on the text of legal regulations, explanatory notes and commentary. Necessary part of the thesis is the reflection on the (re) introduction of military justice into our legal order. These considerations are based both on the historical analysis of the legal...
|
|
|
Sentencing in criminal procedure
Vacík, Kamil ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Sentencing in practice Abstract This rigorosum thesis is dedicated to principles applied during imposing a sentence on natural persons charged with a criminal offense. It focuses on the area of judicial discretion within legal limits for imposing particular sentences. It examines the purpose of sentences, especially with regard to its preventive (educational) as well as repressive function in relation to the offender. The thesis deals with the factors that a judge should take into account when considering the type of sentence and penalty with respect to both the preventive and repressive purpose of the sentence. The purposes are expanded on in the parts concerning imprisonment, financial penalty and expulsion. The thesis consists of eight chapters. The first one provides a general introduction to the principles of imposing sentences and the system of sentences, including the issue of a sentence purpose. In the second chapter, the author examines the application of principles of imposing sentences in relation to one offender. In this part, the author concentrates on cumulative sentences, in particular alternative ones, i.e. those with a predominantly educational function. Likewise, the author considers the effect of this type of sentences on correcting the behaviour of the offender who commits criminal...
|
|
|
Euthanasia
Havlová, Kamila ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The aim of my thesis is to unify the total view of the issue of euthanasia and assisted suicide with an emphasis on the criminal law. I am not trying to concluded whether legalize euthanasia in the Czech legal system or not, I just would like to outline the posibilities of the legal regulation in the Czech Republic in the future, after providing the analysis of the countries where euthanasia has happened legal in the last few years. My thesis is divided into eight chapters. At the beginning I try to give a detailed description of the substance of euthanasia and other related terms as assisted suicide, do not resuscitate and then I state usual forms and divisions of euthanasia. Then I deal with the history of euthanasia in the world because for understanding and clarification it is necessary. The next chapter is already about euthanasia in Czech Republic, where euthanasia has never been legalised but there were some efforts in some forms to do that. In this part I deal with a legal qualification of killing on request and assisted suicide de lege lata and de lege ferenda. I also mention the opinions of the opponents and the protagonists of the question of euthanasia. The next chapter deals with a quality of paliative care as one the arguments against euthanasia. It is impossible to omit the medical...
|
|
|
Circumstances excluding Criminal Liability with a focus on the Impunity of the Agent
Makkiehová, Sandra ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Circumstances excluding Criminal Liability with a focus on the Impunity of the Agent Abstract The Thesis adresses Circumstances excluding Criminal Liability with a focus on the Impunity of the Agent. The aim of the Thesis was to evaluate current Legislation and to define the limits of Circumstances excluding Criminal Liability Excesses. The next objective was to determine the appropriateness of the Impunity of the Agent and its legislation. The Thesis firstly analyzed the historical legal developments of Circumstances excluding Criminal Liability in Czech countries in order to attain the above mentioned objectives. The historical development is followed by the discussion of the Circumstances excluding Criminal Liability, their general legislation and theoretical foundations, the reasons for adopting their legislation, also the errors of law and of fact. Next chapters are devoted to specific Cirmustances of excluding Criminal Liability, starting from the Necessity, Self - Defence, Consent, Permissible Risk and Lawful use of Firearms. The Circumstances excluding Criminal Liability were analyzed in their statutory legislation by using Academic Literature and mainly the case - law, which clarified some vague rules and limits of the Circumstances excluding Criminal Liability. The third part of the Thesis...
|
|
|
Criminal liability of Corporations
Felix, Adam ; Jelínek, Jiří (advisor) ; Fenyk, Jaroslav (referee) ; Bohuslav, Lukáš (referee)
Criminal liability of Corporations Abstract Criminal liability of corporations is still a current topic of Czech legal theory and practice. In order to properly grasp this new institute within the Czech legal system, it is necessary to understand the very nature and basics of legal entities, their formation and further existence. Historically, legal entities have been perceived differently and a relatively complex legal-philosophical path has led to the inference of any liability for wrongdoings or torts. Although the criminal liability of corporations is not unknown to continental law, its decline during the 18th and 19th centuries has led to the disappearance of the legal continuity. That is why it may seem today that the introduction of direct criminal liability of corporations is something completely new and absolutely unknown to countries of continental legal tradition. In this work, the author presents a number of historical arguments as to why this is not the case and demonstrates that this institute was known throughout the legal systems throughout Europe. For a better understanding of the whole issue, the interpretation is guided from the very philosophical and legal-historical foundations of corporate theories, through their later development and finally to application by recent law. The core of...
|
|
|
Electronic control system as an alternative to custody
Homolová, Karolína ; Bohuslav, Lukáš (referee)
Electronic control system as an alternative to custody Abstract In the framework of the criminal justice process, the scope of using technical means through electronic monitoring is worldwide very extended indeed, being applicated in all stages of criminal proceedings. Although the most frequent manner while analysing the electronic control is the house arrest or release from imprisonment by conditional parole, electronic monitoring system finds its purpose also in pre-trial detention. Arrest is intended to be an exceptional institute of criminal proceedings, only to be used as necessary and proportionate measure and in compliance with the presumption of innocence and the constitutional right to personal freedom. In accordance with this concept, it is necessary to consider all time in the duration of custody whether the reasons for pre-trial detention still last and whether it would not rather be replaced by some alternative. The first electronic monitoring permanent program was launched in Czech republic in September 2018, so we have only a few experiences in this field so far. The aim of this paper is to identify some best practices to enhance the effectiveness of electronic monitoring as an alternative to custody in the Czech legal order and also to propose an amendments to the legislation of this...
|
|
|
Plea Bargaining at International Criminal Courts
Bartizalová, Markéta ; Bohuslav, Lukáš (referee)
S C H O O L O F L AW M A S A RY K U N I V E R S I T Y T H E O R E T I C A L L E G A L S C I E N C E S C R I M I N A L L A W D E P A R T M E N T ABSTRAC T DI S S E RTAT I O N TH E S I S P L E A B A R G A I N I N G A T I N T E R N A T I O N A L C R I M I N A L C O U R T S M A R K É TA B A RT I Z A L O V Á 2 0 1 6 ABSTRACT The subject of this thesis is the practice of plea bargaining in international criminal courts. The thesis generally deals with functions of international criminal law and goals of international criminal tribunals. Critical analysis of whether use of plea bargaining is compatible with these functions and goals follows. Based on research of existing practice of the courts and disputation on arguments of supporters and critics of plea bargaining, the thesis comes to the conclusion, that even though plea bargaining might, in some cases, prove itself as a useful tool for international justice, it remains highly controversial and must be used with the highest caution. If used inappropriately it very easy may cause much damage a may have fatal impact on evaluation of the practice of international criminal tribunals, their legitimacy, and together with that on evolution of international criminal law in general. KEY WORDS international criminal law, plea bargaining, international criminal tribunals,...
|
|
|
The Crime of Trafficking in human beings
Kučera, Václav ; Bohuslav, Lukáš (referee)
The aim of the thesis is to investigate the crime of Trafficking in human beings from the point of view of substantive criminal law in the Czech Republic, to analyze its weaknesses and propose their solution. The investigation should include an assessment of whether the Czech Republic's regulation is in line with international law obligations to criminalize this crime. In this work, compilation, legal-historical, analytical and general and legal interpretation methods are used. The first part is an introduction to the issue of human trafficking. This part introduces the subject of the social deviant phenomenon and points out the necessity of its perception in various, not only legal, fields. The following is a historical outline of the development of looking at human trafficking. In the second, fundamental part of the thesis, there is an analysis of the valid substantive criminal law, which deals with human trafficking. This hermeneutic-critical analysis serves to determine the problems that are proposed in the third part of the thesis. The work for quality analysis explores the historical basis of the legal regulation of the crime of trafficking in human beings. It also sets out the three most important sources of international law, which affect the current regulation and compares whether they are...
|
guest ::
