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The Criminal Responsibility of Legal Entities
JINDROVÁ, Ivana
The work deals with the criminal liability of legal entities in the Czech legislation. Part of the legislation are clearly explained. It includes the definition of a legal entity, criminal offenses and sancktions that may be imposed on a legal entity. Using the comparison is here compared Czech and Austrian legislation, their similarities and differences. Data obtained from the Supreme Public Prosecutor's Office and the Ministry of Justice show the use of this concept in practice.
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Educational Measures imposed on a juvenile offender
BURCAROVÁ, Božena
In 2004, Act No. 218/2003 Coll. came into force; it is an act on the liability for unlawful acts of juveniles and on judiciary concerning juveniles and amending some laws, called in a shortened form the "Act of Judiciary Concerning Juveniles". This act significantly modified the position of juvenile offenders and there was a change in approach to juvenile offenders. The law defined many new concepts, including the concept of educational, protective and criminal measures. It determined new forms of measures imposed on juvenile offenders. The objective of the new legislation is to prevent juvenile crime through educational measures, especially through the right actions and directing their future life and thus to support and ensure their proper upbringing. This thesis entitled ?Educational Measures imposed on a juvenile offender? deals with the cooperation of institutions entering the preparatory criminal proceedings for juvenile offenders in the former district of Český Krumlov. The thesis is divided into two parts. The first section entitled "Current status" deals with theoretical knowledge. I describe the various institutions and their functions in preparatory proceedings for juvenile offenders and individual educational measures, which may be imposed on a juvenile offender during preparatory criminal proceedings. The second part is devoted to processing the results of the research. The research objective of the thesis was to find out about the effects of individual institutions on juvenile offenders and their influence in imposing educational measures in preparatory criminal proceedings. From the carried-out interviews and analysis of documents, I summed up, in the chapter entitled "Results", the process of working with young offenders in imposing educational measures in individual institutions. It can be summed up that the largest share in imposing educational measures is in the Probation and Mediation Service of the Czech Republic, the centre in Český Krumlov. The other institutions only inform young offenders on the possibility of imposing educational measures only to the extent necessary, without further educational activities. This part of the thesis also discusses a possible procedure that is, in my view, preferable in dealing with juvenile crime offenders. This thesis can serve to the individual institutions involved in criminal proceedings concerning juvenile offenders as well as the general public.
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Chosen Captures from Juvenile Delinquency Focused on Proceeding at Law, on Given Precaution and Other Institutional Help
MICHLOVÁ, Markéta
The work puts mind to juvenile delinquency focused on proceeding at law about juvenile offenders and precautions that can be enjoined to children younger than 15 years if they commit a fort. It is also engaged in institutions who work with these offenders and describe their possibility of theirs care. The first part of the work deals with statistical data about situation of children´s criminality in 2007 and its development since 1989. It also characterizes some special features of criminal activity of children and basic factors that influences delinquent behavior of a child. It attends to a discussed topic of lowing the age limit of criminal liability. The most important part of the work contains some information about mentioned proceeding at law about juvenile offenders and enjoined precautions. It describes some institutions where the child can be send and describes other possibilities of institutions such as police, school, welfare centre headed by parole officer, educational-psychology service or mental home. It goes into a family, law precautions in it. It speaks about voluntary programs that attend to work with delinquent children. The end of the work describes some more ways from foreign countries of help of juvenile delinquents.
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The liability and the guarantee for the acting of enterpreneurs
TVRDÍKOVÁ, Šárka
The aim of this thesis is to give an interpretation on the responsibility and liability of the statutory bodies of the company, as the statutory body presents a series of rights and obligations, the omission or improper performance can have on society and individuals far-reaching consequences. The thesis contains an analysis of the Act No. 418/2011 Coll. the criminal liability of legal persons and proceedings against them, defining the type of criminal liability of legal persons in Europe and comparison of Czech and Slovak legislation. At the conclusion are included proposals de lege designed law relating to the provisions of Act No. 418/2011 Coll.
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Imprisonment of minor offenders
VÁVROVÁ, Kateřina
Youth criminality is a constant problem which a number of specialists, legislative bodies, and the whole public deal with. A number of negative phenomenons occurring in the area of this population, e.g. spreading of drugs among younger and younger age groups and related increase of criminality undoubtedly play a leading role. However, it is known that bare repression is ineffective and means of educational activities are much more effective. Occurrence of social pathological phenomenons, their dynamics and changes are an indivisible part of the society. Grounds enabling occurrence of these phenomenons change very little. Heritability, constitutional factors, family, school, peer pressure, inappropriate spending free time as well as media influence and ethnical origin have an impact. Responsibility of the youth for unlawful acts is laid down by the Act No. 218/2003 Coll., on the Liability of Youth for Unlawful Acts and on Justice in Matters of Youth and Amending Certain Acts (Act on Justice in Matters of Youth). The purpose of the Act is defined particularly from the view of prevention of unlawful activities of the youth that is a basic group to which the attention of the whole justice and society is to be paid, so that every member of this group who committed an illegal act, no matter he is a juvenile or a child younger than fifteen years, is treated in accordance with this Act, he contributes to rectifying the injury resulting from the unlawful act within his strengths and abilities, a convenient and appropriate measure is imposed on him, and he finds a social asserting corresponding to his abilities and intellectual and moral development as a definitive result. Preventive activities aimed against youth criminality always and in the whole scope require respecting basic children rights and rights for privacy of their family. Children rights must be observed from primary to tertiary prevention, from searching threatened children and their families to treatment of guilty children. The most significant tool of social prevention is education of children in families and education of children at school. The aim of the thesis was to find out grounds leading to custodial detention of a juvenile offender and to find indications which could help to positively or negatively affect educational impact on the juvenile in the prison.
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Criminal Liability and Imposing of Sanctions on Juveniles
Němcová, Alena ; Jelínek, Jiří (advisor) ; Gřivna, Tomáš (referee) ; Sváček, Jan (referee)
SUMMARY: CRIMINAL LIABILITY AND IMPOSING OF SANCTIONS ON JUVENILES A separate legal rule regulating criminal liability and judiciary over the youth has appeared again in the legal order of the Czech Republic since the year 2003. Although the Czech law knew the judiciary over the youth in the past, this rule is considered as a repeated break with the legislation, because after several decades, there has been again a criminal rule applicable specifically to persons younger than eighteen years. The legislator returned to a legal regulation similar to that being in force in Czechoslovakia in the thirties of the 20th century. The act on judiciary over the youth valid at that time has become a significant inspiration to the present legislator which has been continuing in modern legal regulation valid in Czechoslovakia from the year 1931. The then legal regulation as well as the present one reacts to the now preferred legal or sociological premises of punishment and the purpose of punishment. The basic theoretical premise which the legislator supports is the principle of restorative justice, but we can trace the impact of also other legal, sociological or philosophical attitudes in the act on judiciary of the youth. The currently valid act No. 218/2003 Coll., on liability of the youth for wrongful acts and on...
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Health and social aspects of the decrease of age limit of the criminal responsibility
SCHAFHAUSEROVÁ, Martina
The name of the thesis is "Health and social aspects of the decrease of age limit of the criminal responsibility." The thesis describes the historical development of the criminal and legal liability of the youth and the present legal regulation, especially the Declaration of Basic Rights and Freedoms, Convention on the Rights of the Child, Act on Social and Legal Protection of Children, Family Act, Criminal Law, Penal Proceedings Act, Act on Judicial System in the Matters of Youth, Act on execution of institutional education or protective education in school facilities and preventively educational care in school facilities and Act on Probation and Medication Service as amended. Moreover it describes the age limit of the criminal liability in the Czech Republic and abroad. The thesis deals with cause and manifestation of youth criminality. The target number 1 was to find out, based on opinions of experts from the field of the social and legal protection of children and judicial system in the matters of youth, if the decrease of the limit of criminal liability would be suitable, or by how many years the limit of the criminal liability should be decreased. The target number 2 was to set and to characterise the possible health and social consequences of the possible decrease of the criminal liability limit. The research was performed by the qualitative method the base of which was a talk with experts from the branch of social and legal protection of children and judicial system in the matters of youth. The base was asking half-closed questions prepared in advance. The research file included: judge for the youth, state prosecutor, lawyer, 6 employees of probation and mediation service and 5 employees of the body for social and legal protection of children. It follows from the research that the prevailing part of the addressed experts agrees to the current legal regulations concerning the limit of criminal liability. Based on acquired information and achieved goals, the thesis could be a good contribution to the lasting discussion concerning preserving or decreasing the limit of criminal liability and bring arguments for the given statements especially from the health and social viewpoint.
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