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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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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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Criminal liability and sentencing of minors in the Czech Republic
Zíka, Tomáš ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
Resumé v anglickém jazyce (Abstract in English language) This thesis deals with still very topical theme criminal liability and punishment of juveniles in the Czech Republic and its aim is to comprehensive familiarize readers with this issue with reference to many other sources, from which we can in more detail study various aspects of this field, which is constantly developing according to the most recent knowledge of juridical science and statistics, but also according to scientific findings from many different non-legal fields, mainly from psychology and sociology. The first part analyses historical development of individual models of criminal liability and punishment of juveniles, which largely corresponds with the development of criminal law in Great Britain and in the USA. There are discussed historical reasons for changes of models, their advantages and disadvantages and last but not least, their potential application in the Czech Republic. Then the part focuses on historical development of youth criminal law in Czech countries, namely from the earliest times to the present, when the new and still effective Law on Juvenile Justice (Act No. 218/2003 Coll.) was enacted. In this historical analysis was mainly paid attention to the act from year 1931, which was the pattern for the contemporary legal...
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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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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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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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Criminal liability in environmental protection
Pavelková, Tereza ; Stejskal, Vojtěch (advisor) ; Franková, Martina (referee)
The final thesis is focused on the criminal liability in protection of Environment, meaning on environmental protection using criminal law in the Czech republic. Introductory chapters are focused on explanation of the basic terms, principles, concepts and relations for better understanding of the issue of environmental protection in criminal law. In next chapters the thesis focuses on evolution of the legislation on three levels. First level focuses on international legislation, next level on legislation of the European Union and the third level is focused on national legislation. Closer attention is paid to analysis of the national legislation, specifically the current criminal code no. 40/2009. Follows the interpretation regarding individual crimes against Environment and analysis of the elements of the crime. In conclusion the thesis focuses on reflections, thoughts and possible changes of the legislation in the future.
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Problems of criminal liability of legal etities
Šelleng, Dalibor ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This master's thesis is concerned with an issue of criminal liability of legal entities. Emphasis is put on the czech legislation, more precisely on the act no. 418/2011 Sb., on Criminal Liability of Legal Entities and their Prosecution, that came into force on 1. 1. 2012. This act was adopted in response to the obligations under international law that are binding on the Czech Republic. The main aim of this thesis is to make its readers possible to get acquainted with the regulations of the establishment and termination of criminal liability of legal entities in the Czech Republic and to point out some problematic parts of the law. The thesis is divided into three parts. The first part deals with the general questions of criminal liability of legal entities, in particular with the historical development of such a conception, its possible models, definition of the legal entity and with the reasons for and against criminal liability. The second and the most extensive part of this thesis is dedicated to the analysis of the current Czech legislation. It focuses attention on the issues concerning the scope of the Act, extent of the criminalization of corporations, requirements of the imputability of the criminal act to the corporation and concerning the issue of transferring criminal liability to the...
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