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Criminal liability and sanctioning of youth
Pechová, Monika ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Criminal liability and sanctioning of youth Abstract The major topic of my rigorous thesis is Criminal liability and sanctioning of youth. Thesis is divided into four related parts and I analyse this issue especially from the view of substantive law. During periods of childhood and adolescence young people are not enough intellectually and morally mature and they do not have enough life experience. For this reason, I devote the first part of this thesis to short introduction to developmental psychology. I refer to psychological differences of young people and I describe basic specifics of childhood and adolescence as significant life periods from the developmental point of view. In the second part I introduce basic models of dealing with delinquent youth and the concept of restorative justice, which is the basis for the current Juvenile Justice Act No. 218/2003 Coll. I also provide historical overview of development of criminal justice against juveniles in the territory of the Czech Republic until today. In this part I also explain basic and the most important terms which are used in the Juvenile Justice Act. The third part of this thesis is devoted to the topic of criminal liability of juveniles. I discuss the fact that experts do not have the same opinion on intellectual and moral maturity - some of them...
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Criminal Liability of Legal Entities in Health Care
Kováčiková, Veronika ; Bohuslav, Lukáš (referee)
Criminal Liability of Legal Entities in Health Care Abstract The submitted diploma thesis deals with the institute of criminal liability of legal entities in health care. The main objective of this thesis is to define all the requirements and essential elements of criminal responsibility of legal persons, especially healthcare providers. We also look into the most critical aspects of providing healthcare services in which a criminal offense may be committed. Concepts of criminal law are considered in the context of medical law. Thesis is divided into five main chapters. The first chapter focuses on conditions of criminal liability taking into account the specifics of the topic. Attention will also be paid to attributability of a crime to a legal person as well as to legal regulation in United Kingdom and France. In the second chapter we describe the most common circumstances excluding illegality in medicine. We particularly focus on medical intervention, research and experiment. These are not only accepted but also beneficial. The third chapter deals with the main concepts of medical law. If healthcare providers comply with related legal provisions, they significantly reduce the risk of committing an act against the law. Special emphasis is placed on lege artis procedure as an objective measurement of...
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Comparison of legislation concerning criminal liability of legal entities in the Czech Republic and the Slovak Republic
Kubala, Tomáš ; Tejnská, Katarína (advisor) ; Bohuslav, Lukáš (referee)
Comparison of legislation concerning criminal liability of legal entities in the Czech Republic and the Slovak Republic Abstract This master thesis deals with a very recent phenomenon of criminal liability of legal entities. Its recent implementation into national legislation of the Czech and the Slovak Republic provides evidence of its current relevance, which is followed by relentless criticism, lack of clarity and application difficulties confirms its currency. Nevertheless, discourse about its implementation by legislations of various countries around the globe can be seen in ancient history. Therefore, the first part of this thesis deals with the introduction of historical background and analyses in detail the development of this doctrine. Furthermore, it also examines the development of international discussion and lays down several international legal documents which serve either as recommendations or impose obligation onto the parties to introduce proper liability of legal entities. The most relevant part of this thesis consists of the comparison of current national legislation of the criminal liability of legal entities in the Czech and the Slovak Republic. But it also doesn't avoid the necessary line of reasoning of social essentiality of this doctrine including the disproval of reasoning which...
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Criminal Liability of Legal Entities in Health Care
Kováčiková, Veronika ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Criminal Liability of Legal Entities in Health Care Abstract The submitted diploma thesis deals with the institute of criminal liability of legal entities in health care. The main objective of this thesis is to define all the requirements and essential elements of criminal responsibility of legal persons, especially healthcare providers. We also look into the most critical aspects of providing healthcare services in which a criminal offense may be committed. Concepts of criminal law are considered in the context of medical law. Thesis is divided into five main chapters. The first chapter focuses on conditions of criminal liability taking into account the specifics of the topic. Attention will also be paid to attributability of a crime to a legal person as well as to legal regulation in United Kingdom and France. In the second chapter we describe the most common circumstances excluding illegality in medicine. We particularly focus on medical intervention, research and experiment. These are not only accepted but also beneficial. The third chapter deals with the main concepts of medical law. If healthcare providers comply with related legal provisions, they significantly reduce the risk of committing an act against the law. Special emphasis is placed on lege artis procedure as an objective measurement of...
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Criminal Liability of Legal Entities
Šelleng, Dalibor ; Jelínek, Jiří (advisor) ; Ivor, Jaroslav (referee) ; Bohuslav, Lukáš (referee)
It is more than 6 yeas as of the moment when Act No. 418/2011 Coll., on penal liability of legal entities and proceedings against them, entered into effect, however, in spite of it inland legal regulation still offers a number of key application and conceptional issues. The achieved objective of the dissertation work submitted was to provide comprehensive and detailed interpretation of the existing legal regulation of the conditions when criminal liability of legal entities is established and to point out, in that interpretation, to some of its particularities, deficiencies or ambiguities in the interpretation. In order to achieve that objective, the author dealt with not only Czech legal regulation as such, however, also with wider topics that clarify the origination of this form of penal liability but that can also help interpreting problematic legal institutes or be the basis for next amendments to the law, if any. For this purpose, the presented dissertation work is divided in four main chapters. The first part contains introductory and fundamental issues of the criminal liability of legal entities. As the sine qua non condition of the topic under investigation, it defines the term of "legal entity" and outlines the historical development of the concept of penal liability of legal entities in...
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Sanctioning of legal entities
Gvozdek, Filip ; Jelínek, Jiří (advisor) ; Bohuslav, Lukáš (referee) ; Fenyk, Jaroslav (referee)
Abstraktv anglickém jazyce The subject matter and aim of this thesis is to analyse the positive criminal law regulation of sanctioning of legal entities in the light of the Act No. 418/2011 Coll., Act on Criminal Liability of Legal Entities and Proceedings Against Them (hereinafter as "the Act"), its critical assessment and possible de lege ferenda suggestions. As a result, this thesis can be perceived as a comprehensive assessment of issues related to sanctioning of legal entities in the Czech Republic. The dissertation thesis is divided into eleven parts. The first part takes into account the international legal aspects of corporate liability, the concept of criminal liability of legal entities, arguments for and against the adoption of the Act and the legislative process leading to the adoption of the Act. Issues related to sanctioning of legal entities are dealt with in parts 2 to 11, which at the beginning discuss the basic terms of sanctioning, then analyse individual punishments and protective measures which can be imposed on legal entities, then also analyse abandonment of punishment, enforcement of punishments and effacement of conviction. Particularly interesting is the eighth part, which in addition to the treatise on the Criminal Register contains statistical overviews of the current application...
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Criminal Liability and Imposing of Sanctions on Juveniles
Němcová, Alena
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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Protection of the Environment through Criminal Law
Bejčková, Pavla
The main goal of the thesis is to answer the question, whether the current Czech criminal legislation enables effective punishment of serious environmental offences and ensures the enforcement of rules on environmental protection in a more efficient way than administrative sanctions. Protection of the environment through the criminal law can be traced in the Czech Republic back to 1980s. However, criminal law has until now played only marginal role in the sanctioning of offences against the environment. Majority of environmental offences are prosecuted in administrative procedures. Since 1990s the international community and later also the EU have discussed the need to pursue a harmonised criminal policy aimed at the protection of the environment. In case of serious environmental violations criminal law penalties are perceived as a more effective and appropriate measure than administrative penalties. Despite the fact that most of the potentially harmful activities are strictly regulated by both EU and national environmental law, environment continues to be threatened by pollution and excessive exploitation and environmental rules are being breached. The most serious environmental crimes are related to waste management, trade in endangered fauna and flora species and discharge or emission of...
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Criminal liability in healthcare with focus on an analysis of Czech and Slovak court rulings
Kodýmová, Kateřina ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
1 Criminal liability in healthcare with focus on an analysis of Czech and Slovak court rulings Abstract This master's thesis deals with the issue of criminal liability of healthcare workers. The aim of this thesis is to create a comprehensive overview of the Czech legislation of the relevant part of criminal law and individual institutes of medical law and to present related case law. Slovak legislation is used for comparison. The thesis consists of six parts, the first chapter is focused on the legal regulation of medical law and its international and national sources. It also deals with types of legal liability of healthcare professionals such as civil, labour, administrative and disciplinary liability. The second and one of the most extensive chapters approaches criminal liability and its necessary conditions. It describes the current concept of crime in more detail as well as the analysis of the necessity of the principle of subsidiarity of criminal repression. It also includes legal regulation of criminal liability of legal entities. The third chapter is dedicated to a cardinal concept - lex artis as an appropriate level of expertise, which contains a number of obligations that every healthcare worker must comply with. The process of proving criminal liability of medical workers in criminal proceedings...
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Criminal Liability of Legal Persons
Pokorná, Lucie ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
Title of diploma thesis in English language, abstract in English language and 3 keywords in English language Title of diploma thesis in English language: Criminal liability of legal persons Abstract in English language: In this diploma thesis, the author deals in more detail with the criminal liability of legal persons. Although Act No. 418/2011 Coll., On the criminal liability of legal persons and proceedings against them, has been in force for nine years, the topic of criminal liability of legal persons is still very topical and frequently discussed. Due to the fact that the legal regulation in this area is relatively extensive, the author focuses only on some institutes of criminal liability of legal persons, which she dealt with in more detail. The first part of this thesis covers private law, where the concept of legal person, the characteristics of a legal person and the characteristics of individual legal persons are approached. In this part of the thesis, the author points out in particular that a correct understanding of the concept of legal person is necessary for a proper understanding of the criminal liability of legal persons and the reasons that led to its entrenchment. In the second part, the author deals with individual arguments that are not only in favour but also against the introduction...
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