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Selected criminal law aspects of youth criminality
Baranová, Michaela ; Musil, Jan (advisor) ; Vanduchová, Marie (referee)
Selected criminal law aspects of youth criminality Abstract The aim of this thesis is to point to selected aspects of criminal law, which distinguish prosecution and sanctioning of youth offenders from general provisions applicable to adult offenders. Youth offenders can be divided into two groups according to the Act No. 218/2003 Coll., on Liability of Juveniles for Illegal Acts and on Juvenile Justice. The first group consists of children, i.e. those offenders who do not reach fifteen years of age at the time of the offense. The second group consists of adolescents, i.e. those offenders who reach fifteen years of age but do not reach the age of eighteen at the time of the offense. These two groups of offenders are treated somewhat differently than adult offenders in the criminal proceedings, and the system of sanctions used to punish these offenders is also different from sanction schemes imposed on adults. In this thesis, the author outlines these differences and discusses selected aspects in more detail. The thesis also provides a historical excursion into the Czech criminal law that regulated the juvenile justice on the territory of the Czech Republic before the Act on Juvenile Justice came into force. Moreover, the thesis provides an overview of the minimum age for criminal responsibility in the Czech...
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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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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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Criminal Liability of Physicians in Gynecology and Obstetrics
Kociánová, Natálie ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Thesis title: CRIMINAL LIABILITY OF PHYSICIANS IN GYNECOLOGY AND OBSTETRICS The purpose of my diploma thesis is to analyse the issue of criminal liability of physicians, especially physicians in Gynecology and Obstetrics. The thesis is divided into five main chapters and many subchapters. The first chapter serves as an introduction to the legal liability in general. I mention the categories of liability- civil and labour liability are just noticed in this task, while administrative and disciplinary liability are discussed and defined. The aim is to compare these liability in healthcare and emphasize the ultima ratio principle of criminal liability. Chapter Two defines relevant concepts of medical law. This chapter deals with the concept of acting lege artis, acting non lege artis, informed consent of patient and advance directives. These concepts are demonstrated on examples from practice and related jurisprudence. I also define the specilization of Gynecology and Obstetrics and its legislation. The third chapter explains basic terms and concepts connected with criminal liability and define the necessary conditions and circumstances for physicians to commit a crime. The second section of this chapter focuses on circumstances under which some normally unlawful acting might not be considered illegal....
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Criminal liability of legal persons
Jirouš, Vlastimil ; Žák, Květoslav (advisor) ; Spirit, Michal (referee)
The author of this thesis deals with the criminal liability of legal persons. Compares the concept of criminal liability of legal persons established in 2012 in the Czech Republic with foreign laws. It deals with the arguments of supporters and opponents of implementation, as compared to criminal and administrative sanctions of legal persons. The author critically assesses the reasons which led to the adoption of the law on criminal liability of legal persons and proceedings against them. There is also a description of the problematic provisions of this Act. The main attention is devoted to analyzing the impact of the introduction of criminal liability of legal persons for the functioning of individual legal entities.
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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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Problematics of Child and Juvenile Delinquency
TOMEŠOVÁ, Michaela
This work deals with the Problematics of Child and Juvenile Delinquency. The work describes the basic terms of children, juvenile and the factors which influence the crime. Among these factors, I included family, victimogenic locations and age . It further deals with concept of youth and its developmental tasks during adolescence. The conclusion describes the most common crime. The second part of this work verifies whether age is also an important criterion for the emergence and type of crime in high-risk locations. The criminalistic analysis deals with the criminality of the minors and juveniles in the territory of UO Ceske Budejovice.
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