National Repository of Grey Literature 67 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Criminal liability of artificial intelligence
Racek, Libor ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
1 Criminal liability of artificial intellingence Abstract The aim of this diploma thesis is to evaluate the possible criminal liability of artificial intelligence for its socially harmful unlawful conduct and if artificial intelligence cannot be criminal liable then evaluate criminal liability of persons for the unlawful acts of artificial intelligence, and also to assess whether it is necessary to change laws so that we can use in such situations the ultima ratio principle (criminal law). The first chapter deals with the concept of artificial intelligence. At the beginning of this chapter I deal with the definition of artificial intelligence from a technical point of view and I also deal with the most important points of its historical development. Then I analyze artificial intelligence from the perspective of the Czech legal order. First, I do so in connection with private law (specifically with civil law, respectively mainly with copyright) and then with public law (specifically with criminal law). The second chapter aims to introduce the concept of criminal liability as an institute of Czech law. I focus here on the individual components of criminal liability and its legal requirements, but not in an exhaustive way, but only to the extent that it is necessary to fulfill the topic of the thesis and to...
Sanctioning of legal persons
Karnet, Vojtěch ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Sanctioning of legal persons Abstract The criminal liability of legal persons was introduced into the legal system of Czech republic by the Act no. 418/2011 Coll., Act on Criminal Liability of Legal Persons and Proceedings against them which came into effect on the 1st of January 2012. It is a problematic that was highly debated even before the respective law was created and its introduction into the legal system was closely followed by most of our experts in the field of criminal law. We can still see a big interest in how this problematic functions to this day, more than 8 years after its adoption. This interest became the main motivation for the creation of this thesis. This thesis focuses mainly on the 3rd part of the above stated Act which means it concetrates on the individual sanctions applicable in relation to legal persons and how they are being used in the decision-making process of the courts of Czech republic. The demonstrate these outcomes a statistic of sanctions applied against legal persons was created. This statistic then serves as a basis for authors conclusions in relation to individual sanctoins as well as a more complex conclusions regarding the whole problematic of sanctioning of legal persons in Czech republic. There were many sources used in order to create this thesis such as...
Criminal Liability of Legal Persons
Keltnerová, Lucie ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Criminal liability of legal entities In the presented thesis the author deals with the topic of criminal liability of legal entities. Considering the complexity and extensiveness of this topic this thesis is only focused on the substantive law regulating this area and so it does not deal with the criminal sanctioning of legal entities or the criminal proceedings against them. The author aims to explore the criminal liability of legal entities starting from the basic questions of possible ways to even sanction legal entities for unlawful conduct to the questions of the current law in force, its problems and the possible solutions of these problems. The first part of this thesis addresses the ways in which it is possible to sanction a legal entity for unlawful behaviour, it compares these ways and considers which of these ways is the most suitable for the situation in the Czech Republic. The second part of the thesis provides in its first chapter a closer look at the historical development of law regulating the criminal liability of legal entities in the Czech Republic starting from the year 2000 until today, or rather until 2016, when the Act No. 183/2016 coll. was passed. This act brought some significant changes to the law that was in force at that time. The second and third chapter of this part...
Criminal liability of legal entities - comparison of legal regulations in the Czech Republic and Poland
Sýkora, Petr ; Jelínek, Jiří (advisor) ; Heranová, Simona (referee)
Criminal liability of legal entities - comparison of legal regulations in the Czech Republic and Poland Abstract The criminal liability of legal entities still raises emotions and is still the subject of both expert discussions and lay comments. Moreover, the application of the Law on the criminal liability of legal entities in practice is still problematic and law enforcement bodies are not only unsure how to apply individual institutes and when to consider bringing charges against a legal entity but often still do not initiate proceedings against legal persons because they consider such course of action a complication in proceedings against an individual. Thus, the greatest application problems relate firstly to assessing whether the legal conditions for initiating criminal proceedings against a legal entity are met, and then the question of the so-called exculpation and the problem of the possible transfer of the evidence obligation to a legal entity. Last but not least, from the point of view of the application practice, the limitation of the legal entity's right to choose a legal representative. Despite the fact, how critically it is possible to look at the regulation of criminal liability of legal entities, it cannot be overlooked, that one of the closest neighbors, Poland, has even greater problems...
The Question of Self-induced Insanity
Jechová, Veronika ; Tejnská, Katarína (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...
Criminal Liability of Legal Entities
Šťastný, Petr ; Musil, Jan (advisor) ; Bohuslav, Lukáš (referee) ; Kuchta, Josef (referee)
CRIMINAL LIABILITY OF LEGAL ENTITIES Abstract Although it has been more than seven years since the adoption of Act No. 418/2011 Coll., on the criminal liability of legal entities and proceedings against them, by criminal liability of legal entities which the Czech legislators introduced, it remains a controversial issue. Thus the aim of this thesis is not only to analyse this legislation and provide a comprehensive and clear interpretation, including a critical evaluation of selected institutes, but also to introduce the process leading to its adoption, including a comparison of the arguments in favour of adopting such a decision with the arguments presented by the opponents of the criminal liability of legal entities. An equally important aim of the thesis is an analytical evaluation of application knowledge and the presentation of potential de lege ferenda proposals. However, such considerations require a sufficient command of terminology, as well as of the basic principles of criminal law, which is the content of Chapter One of the thesis. Chapter Two is dedicated to the fundamental change in the concept of legal entities brought about by the new Civil Code, which leans towards the theory of fiction, thereby causing considerable tension. On a global scale, the institute of the liability of legal entities...
Criminal Liability of Legal Entities in Healthcare
Janatová, Pavla ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The aim of the diploma thesis is to define presumptions of the criminal liability of healthcare providers and answer the question in which circumstances and under what conditions can healthcare providers can be criminal liable. The diploma thesis is divided into nine chapters. The first chapter deals with legal entities, particularly their history and definition in Czech legal order. In second chapter I envisage with the basic medical law terms importing in relation with the subject of the diploma thesis, especially I mentioned health related services, healthcare, services to promote and maintain health, healthcare provider and patient. In the third chapter I define in general the fundamental types of legal liability in the health care sector and in the subchapter I analyse the institute of the informed consent, which is in my opinion an important aspect in defining legal liability in healthcare. Further in the fourth chapter I focus specifically on criminal liability, which I first define as such, including the individual circumstances that exclude unlawfulness, then I deal with the criminal liability of legal entity and its possible criminal conduct in relation with the provision of healthcare. I also analyze the terms of lege artis and vitium artis procedure, which are usually the necessary...
Child Soldier in International Law
Kučerová, Zuzana ; Hýbnerová, Stanislava (advisor) ; Honusková, Věra (referee)
Zuzana Kučerová: Child Soldier in International Law Abstract This thesis deals with child soldiers from the perspective of the international law. It is predominantly concerned with two questions: protection of children from recruiting and their possible criminal responsibility for international crimes. After a short introductory chapter, which covers a brief history of child soldiers, the second part gives an overview of international legal instruments which aim at preventing the underaged from being recruited into armed groups, as well as from taking part in hostilities. Those instruments belong to three different branches of international law: humanitarian law, human rights law and international criminal law. The author concludes that international criminal law in particular is the best instrument to protect children from becoming child soldiers. The reason is that international criminal law applies directly to individuals, including non-state actors such as commanders of paramilitary forces. It is also in force at the times when there is no armed conflict as defined by international humanitarian law. The third part of the work focuses on criminal responsibility of children for international crimes. The major question in this field is whether we can prosecute children for those crimes at all. On the one...
Economical aspects of criminal sanction of legal persons
FUČÍKOVÁ, Adéla
This bachelor thesis deals with selected issues of corporate criminal liability. The emphasis is primarily put on the Czech legislation, mainly on Act No. 418/ 2011 Coll., on Criminal Liability of Legal Entities and their Prosecution. The aim of this bachelor is to find out which criminal action is committed the most and how the penalties from Act No. 418/2011 affects the economy of companies. The bachelor is divided into two parts. The first part includes a description of the legal person, then general issues related to the concept of criminal liability of legal entities, including its historical development, and last chapter is the scope of the Act No. 418/2011 Coll., in particular it examines the extent of criminalization of legal persons and the characteristics of the entities that are subjected to the corporate criminal liability. The second part is focused on the analysis of criminal actions into categories and a position of the Czech Republic in the world.
The crime of robbery in comparison with selected crimes against personal freedom
Wachtlová, Nikola ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
The crime of robbery in comparison with selected crimes agains personal freedom This rigorous work focuses on the crime of robbery comparison with selected crimes against personal freedom. It deals primarily with the crime of robbery in terms of the criminal law. This thesis is systematically classified so that it contains the historical context of legal regulation of robbery in the territory of today's Czech Republic. In addition, the basic concepts, which are in the main a crime as such and freedom, like freedom, not only as the freedom of an individual, but also the protection of property, including the very innocuousness of the dwelling, which, of course, is part of the concept of freedom. After a historical excursion and general interpretation, a more detailed analysis of the crime of robbery de lege lata follws, i.e. in accordance with the applicable law, namely robbery and robbery qualified. The next chapter of this work deals with criminal liability and the associated fault and the same time in this chapter we find a brief description of the circumstances excluding illegality, which are related to criminal law. In the following chapter, the thesis deals with the descripsion of the obligatory features of the facts of each crime, which are the object, the objective page, the subject, the...

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