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Criminal Liability of Legal Entities
Malinová, Kateřina ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The presented diploma thesis is focused on criminal liability of legal entities, an issue which was embedded in the Czech legal law six years ago by Act No. 418/2011 Coll., On Criminal Liability of Legal Entities and Proceedings against them. The thesis is divided into four parts. The first part is concerned with the basics of legal entities criminal liability. The author tries to describe the concept of a legal entity in the light of current regulation according to the Act No. 89/2012 Coll., The Civil Code, since the Act on Criminal Liability of Legal Entities and Proceedings against them had been created under the previous Civil Code (Act No. 40/1964 Coll., Civil Code). Furthermore, the author deals with the conditions of legal entities criminal liability as well as the aspects that lead legal entities to commit crimes. The conditions for a criminal offense attribution to a legal entity are mentioned, as well. A subchapter on sanctions which may be imposed on legal entities is included. The regulation of legal entities criminal liability has particularly in recent years undergone several substantial changes. Certain amendments are examined in the second part of the thesis. The author discusses especially the extension of criminal offenses list which may be committed by a legal entity as well as the issue...
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Defence of a legal entity during criminal proceedings
Juránková, Sandra ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
In comparison to physical persons, the defense of a legal entity during criminal proceedings is substantially hindered. The primary reason for these difficulties lies in the very nature of a legal person as a legal fiction. This study aims to provide a comprehensive overview of this topic. This thesis is systematically divided into six chapters. The first and the second chapter serve as a theoretical basis. The first chapter deals with the definition of the legal entity and the current regulation of legal entity in private law. This thesis mainly focuses on the analysis of the process aspects of the Act No. 418/2011 Coll., on criminal liability of legal persons and proceedings against them (hereinafter "ZTOPO"), entered into force on January 1, 2012 in the Czech Republic. At the same time, it is not possible to leave out the substantive aspects of criminal liability of legal entities. Therefore the second chapter deals with the legislation of the criminal liability according to ZTOPO. It deals mainly with the person who is the subject of criminal liability of legal persons, examines how to characterize the criminal liability according to ZTOPO, its structure and the scope of criminal liability. The third chapter introduces persons, who are authorized to act as a legal entity during criminal...
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Minimum age of criminal responsibility in English and Czech law - comparative study
Gavendová, Lucie ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
1 Minimum age of criminal responsibility in English and Czech law - comparative study Abstract The subject of the rigorous thesis is criminal responsibility of juveniles, specifically the minimum age of criminal responsibility and its legal regulation in legal orders of selected countries - England and Wales on the one side and Czech republic on the other side. The minimum age of criminal responsibility in England and Wales which are both countries of the United Kingdom of Great Britain and Northern Ireland and typical representatives of Common Law legal system is 10 years old. The legal regulation in Czech republic as a representative of Continental Law legal system sets the age of criminal responsibility at the moment of completion of 15 years. The main aim of this thesis is to provide a reader with a comprehensive awareness of the legal regulation concerning the minimum age of criminal responsibility in surveyed countries and to compare these two different regulations via the method of comparative jurisprudence. First two chapters define the subject of this thesis from theoretical and methodological point of view. Theoretical determination provides a reader with elementary introduction of the main issue and includes also the list of fundamental legislation used in the following text of this thesis....
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Criminal aspects of advanced directives and Do Not Resuscitate orders
Pilařová, Martina ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Criminal aspects of advanced directives and Do Not Resuscitate orders Abstract The aim of this thesis was to analyse current legal regulation of advanced directives and Do Not Resuscitate orders, particularly of their criminal aspects. These legal concepts are relatively new in the Czech law, therefore there are still many questions about them and Czech law unfortunately does not offer definite answers. In the first chapters I focused on general criminal aspects of provision of health services. I analysed conditions of criminal liability in connection with health services, with emphasis on the principle of subsidiarity of criminal prosecution. In this part I also addressed the issue of mercy killing, by another name euthanasia and its differentiation from other types of end-of-life decision making. In the second chapter, I approached the matter of criminal liability of providers of health care services, as legal persons, which became after the last amendments in this area significant also for health care. The following chapters were dedicated to advanced directives. At first, I analysed this legal concept in the matter of civil law, which is essential for its comprehensive interpretation. I tried to identify the main ambiguities of the legal regulation, whether regarding new regulation of substitute...
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The question of self-induced insanity
Jechová, Veronika ; Hořák, Jaromír (advisor) ; Vokoun, Rudolf (referee)
The Question of Self-induced Insanity The aim of this thesis is to cover the question of self-induced insanity in its complexity. The thesis is divided into eleven chapters, in which this part of criminal law is analysed. The topic of criminal liability of insane offenders (even those insane due to their own conduct) represents an interesting part of criminal law. One of the main reasons is the fact that the solution to the problem of criminal liability of insane offenders can lead to the breach of one of the main principles of criminal law - the principle of culpability - on one hand, or to the failure of one of the main functions of the criminal law - the protection of society and its interest and values against the most dangerous conduct prohibited by the law - on the other. The text is concerned mainly with the current legal arrangement of self-induced insanity in the Czech Republic. The legal arrangement in effect adopted the theoretical concept of a special criminal offense and a full criminal liability for the actio libera in causa construction. These provisions deal with situations, where the offender through the voluntary application of addictive substances caused his own insanity and in this state committed an act which would constitute a crime were it not for the absence of the...
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Criminal liability of legal persons in the environmental protection
Süssmilchová, Nela ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee)
This thesis is concerned with the topic of corporate criminal liability in the environmental contexts. The main purpose of the text is to describe possible ways for application of this phenomenon for the purposes of the environmental protection in practice and to evaluate its functioning so far. The first two chapters of the thesis focus on a general introduction to the topic of liability for environmental offences, and the background process for introducing corporate criminal liability into the Czech legal system, including the international incentives. The third chapter of the work aims to analyze some of the relevant sections of Act. No. 418/2011 Coll. and their capability to contribute to effective environmental protection. The importance of the fourth chapter lies in comparison of the advantages and drawbacks for using administrative or criminal liability for the purposes of sanctioning environmental offences. The analysis carried out in the first part of the thesis, leads to conclusions on the employment of corporate criminal liability in environmental law, and some of the possible recommendations for the enforcement authorities. Finally, there is a comparative chapter about the corporate criminal liability in England and Wales.
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Comparison of legislations of the Czech Republic and the United Kingdom concerning age of criminal responsibility
Tůmová, Kristina ; Moravec, Tomáš (advisor) ; Levý, Jan (referee)
The topic of the Master thesis "Comparison of legislations of the Czech Republic and the United Kingdom concerning age of criminal responsibility" aims to compare the specifics of the approach of both countries in dealing with juvenile delinquents. In the Czech Republic, current debate revolves around lowering the age of criminal responsibility to 13 or even 14 years of age. In connection with this discussion, the argument examines the increase of criminality of this age group and also the brutality with which young delinquents commit these crimes. Apart from desribing legislations of the countries named above, this thesis also focuses on influences that affect young people and their criminal behaviour, including the specifics of this age group. Legislation concerning age of criminal responsibility from other European countries has also been included in this thesis. An Emphasis on the statistics of criminality in the Czech Republic as well as in England and Wales is given in the practical portion. These statistics represent any increases or decreses in juvenile criminality. The conslusion of the thesis compares both legistations and their "best practices".
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Criminal Liability within Pharmacy
Kolář, David ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The main purpose of this thesis is to analyse the possible application of criminal liability instruments within pharmacy. Chapter 1 introduces the general aspects and processes within pharmacy, general terms, and short preview to the life cycle of innovative medicinal products. Chapter 2 contains the general definition and requirements of liability. There is also a short comparison of additional types of liability (such as civil, employee's, administrative and disciplinary) that can be applicable within pharmacy. The purpose of this comparison is to specify differences between individual liabilities and to prove that they can be applied conjointly. As an example of such a use I have described the "heparin murder" case. Chapter 3 is dedicated to criminal liability, with the explanation of general terms, especially crime, unlawfulness, offender, or grounds of justification. Chapter 4 focuses on the criminal liability of natural persons. After the general introduction in the first part, a list of potential crimes committable within pharmacy is given. Chapter 5 summarizes the criminal liability of legal persons. The first part focuses on the history of implementation in the Czech Republic, general terms, and definition of a legal person as a subject of criminal liability. The second part contains...
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Foundation of criminal liability of legal entities
Gvozdek, Filip ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The chosen substantive legal issues of the criminal liability of legal entities that was incorporated into the Czech legal order by the Act No. 418/2011 Sb., Act on Criminal Liability of Legal Entities and Proceedings Against Them (hereinafter as "the Act") that came into force on January 1, 2012 are the subject matter of this thesis. The burden of international commitments and the fact that increasing criminal activities have recently been committed by legal entities led the Czech legislator to adopt the criminal liability of legal entities which represents a great milestone for the Czech criminal law. The aim of this thesis is to analyze the positive legal regulation of the criminal liability of legal entities whilst taking into consideration the strengths and weaknesses of the effective legal regulation. Especially it deals with the analysis of the particular substantive provision of the Act (except for provisions regarding the sanctioning of the legal entities) which are (not only) by the experts considered to be at least disputable. This thesis is divided into three parts. The first part is concentrated on historical elements with international aspects together with consideration of arguments for and against introduction of criminal liability of legal entities. Furthermore, the first part is...
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