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Issues of criminal liability of legal entities
Hudáková, Jana ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
Hudáková, J. Criminal liability of legal persons Criminal liability of legal persons is a significant change to the continental European law. It is a sensible breakthrough into the core principle of an individual criminal responsibility of individuals. In connection with the adoption of Act No. 418/2011 Coll., on the criminal liability of legal persons and proceedings against them, the thesis deals with main aspects of the criminal liability of legal persons in the Czech Republic. After defining of legal grounds of the criminal responsibility author subsequently discusses sanctioning of legal persons. At the same time, the author discusses legal regulation of moral person criminal liability in France. She outlines the principles of criminal liability of legal persons, as well as the conditions for imposing sanctions. The author tries to demonstrate, by means of the attached statistical surveys, the numerous application of this institute in the French legal practice. Finally, the author tries to compare Czech and French legislation in selected aspects.
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Guilt and responsibility in the context of criminal law: Discursive practices and strategies
Vávra, Martin ; Hájek, Martin (advisor) ; Válková, Helena (referee) ; Večeřa, Miloš (referee)
The thesis deals with the ways political and expert (especially legal and criminological) discourses formulate and reproduce the meanings, assumptions and definitions constructing the man as a subject of criminal law, a subject responsible for his actions. It focuses on the ways the political domain (in particular, the lower and upper chambers of the Czech Parliament) and the scientific domain (in particular, legal science, criminology and psychiatry) form and formulate the opinions of "criminal law" and the ways these opinions are reflected in meanings embodied in criminal law itself. Methodologically, the thesis builds on critical discourse analysis. Put in plain language, what makes discourse significant is the oppression it brings upon us by defining what can be said about the world and how one can meaningfully act in it. Thus, it is not (only) a reflection of another, more real reality and it cannot be fully reduced to some other social phenomena. Therefore, by investigating discourse, one can identify the assumptions social actors build on and the argumentative frameworks they apply in discourse. The theory section formulates premises for the subsequent analysis of specific topics related to the formulation of "criminal" guilt and responsibility. After a short review of sociological...
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The criminal liability of legal persons
Krátká, Lenka ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The thesis discusses the new institute, which was introduced in the Czech criminal law, the criminal liability of legal persons. Until the adoption of the law on criminal liability of legal persons and proceedings against them, could be the perpetrator of the crime only an individual person. From 1st January 2012, which came above the law in force, the offense can be committed by persons in addition to physical and legal person. The first part is focused on defining the term of a legal person and criminal liability. The next section is then analyzed foreign legislation, which is to see the different concepts and embedding corporate liability. Finally, it analyzes the new act, along with the author's proposals de lege ferenda a description of the use of the new institute in practice. In the Czech Republic, the first discussions about the introduction of criminal liability unleashed already in the twenties and thirties of the last century. In the very beginning the idea of introducing criminal liability of legal persons rejected, but with the passage of time and the development of crime committed by legal persons anchoring penalties and sanctions to those already seemed as unthinkable. The adoption of the law on criminal liability of legal persons Czech Republic live up to their commitments to it arising from...
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Criminal liability of legal entities for environmental protection
Plešmíd, Ondřej ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee)
This thesis deals with the criminal liability of legal entities in the environmental law. The new law on criminal liability of legal persons represents a big change in the existing conception of Czech criminal law. The first three chapters talk about basic concepts with which this thesis works. The Czech Republic is active subject in the field of international and EU law, therefore the following chapter is dedicated to the legislation of this issue in international and EU context. Chapter seven of this thesis direct talks about current Czech legislation of the criminal liability of legal entities. The chapter describes the historical development and current condition of the law of the Czech Republic and comparison of Czech and Austrian legislation. The end of this thesis describes the characteristics of several crimes against the environment, which, according to current legislation, legal entities can commit.
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Selected problems of the sport from the perspective of criminal law
Bauer, Petr ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The thesis deals with the issue of criminal liability for actions occurring in the field of sport. Specifically, it chooses and examines the fields of sports injuries caused between athletes and corruption in sport. In its broadest conception it is divided into three parts. In the initial part the specifics of the society-wide phenomenon sport and substantial "non-legal" concepts of issues are described, in particular concept of sport, its category, the autonomy of sport and sport rules are defined here. The main part deals with the issue of criminal liability of athletes for causing injury to another. Whether certain actions involving a sports injury meets the definition of a crime is discussed in the context of current legislation. Followed by the research of the possible application of the concrete legal defenses for mentioned actions. For example researched legal defenses are consent of the victim or excusable risk. In this section are most mentioned and analyzed the selected theories of sports and legal doctrines that are often based on similar concepts as concrete legal defenses. Maybe the most substantial de lege ferenda considerations follow that describe possible solutions involving the definitions of sports excess and the special legal defense - sports risk. The interesting practice of...
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Issues of criminal liability of legal entities
Krumlová, Monika ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Resumé Issues of Criminal Liability of Legal Entities This thesis deals with criminal liability of legal entities and with delictual liability of legal entities. Even though there is no Czech equivalent for the institution of criminal liability of legal entities, and consequently it cannot be part of Czech legal system, there have been many heated debates, conducted both by professionals, politicians and amateurs. Czech criminal law does not contain the term collective responsibility, as it is traditionally based on the individual criminal liability. It has adopted the principle societas delinquere non potest, and for this reason the introduction of criminal liability of legal entities would be perceived as massive change, change that could have profound impact on the Czech criminal law as such. The topic is controversial; it is manifested in the way the arguments pro and contra are submitted. The thesis consists of seven chapters. Basic definitions are followed by a short historical overview of delictual liability of legal entities in European continental law. Next chapter lists arguments pro and contra introduction of criminal liability of legal entities. Tendencies in international and in European continental law constitute one of the main arguments for introducing this institution into Czech legal...
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Disciplinary liability of health care professionals, relationship to criminal lability
Tomková, Kateřina ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The aim of this thesis called "Disciplinary liability of health care professionals, relationship to criminal liability" is to analyse and compare criminal and disciplinary liability in medicine and outline their relationship. Considering its topicality and interdisciplinary character, I found this matter to be very inspiring. Although the medical liability issue seems to be very popular and frequently discussed subject, there are some aspects and problems that need to be sorted out in order to provide the doctors with a minimal standard of legal certainity. The thesis is composed of five chapters, each of them dealing with different aspects of any kind of liability rising out of medical profession. First chapter is subdivided into four parts briefly describing civil, labour, administrative and contractual liability relating to medicine. Chapter two focuses on criminal liability of doctors and composes of eight parts. First two parts reffer to the risk of fault, that any doctor can cause, and the ultima ratio principle. Part three illustrates the conditions of criminal liability. Part four adressess the issue of circumstances excluding illegality in medicine. Part five and six present the nature of medical intervention and define the term of health care professionals. Part seven and eight deals...
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Prevention of socially pathological effects in Elementary school
Vamberský, Radim ; Dvořáček, Jiří (advisor) ; Novotná, Jiřina (referee)
The thesis is focused on sphere of the prevention of socially pathological effects in elementary school because only her has a great influence on teenagers. The main point of the study was to examine the level of prevention of socially pathological effects in individual schools. For comparison was made on Forcomparison, was made an research on a chosen sample of primary schools of urban and village type. According to methodological terms, was used substandard questionnaire used for personnel of selected primary schools. The research part was expanded to include the author's own practical experience in the implementation of prevention for children from 1 to 9th class of primary school.
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Delictual liability of natural persons within environmental protection
Žejšková, Pavlína ; Stejskal, Vojtěch (advisor) ; Sobotka, Michal (referee)
Delictual liability of natural persons in the environmental protection I have chosen the subject delictual liability of natural persons in environmental protection for topic of my Master's degree thesis. The first reason why I have opted for this subject is due to the fact the environment is present everywhere and is a resource that needs to be protected as it is necessary to the human kind to survive. The law is one of the most powerful tools that can help protecting the environment. The second reason is that it does allow me to link several other law areas of interest which are administrative, criminal and environmental. The thesis contains three main parts. The first one is mainly dedicated to the legal liability while focusing on the responsibility in the environmental law. Also are mentioned the fundamental principles of the delictual liability in the Constitution. The second part relate to the criminal liability of natural persons in the environmental protection, starting from the basics of the international and European Union law. Further to this I have reviewed the past history in the Czech Republic, with supporting dated examples, showing how effectively the environment has been preserved by the criminal law. I have continued with a review of the current situation of how the environment is being...
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