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Legal error
Vodičková, Eliška ; Richter, Martin (advisor) ; Vokoun, Rudolf (referee)
Legal error Abstract The aim of this thesis is to critically analyse the legal regulation of the institute of legal error, which undoubtedly involves a description of legal error and a comparison with the concept of legal error in foreign legal systems. The thesis is divided into an introduction, nine chapters dealing with various aspects of legal error, and a conclusion. The first chapter provides a general definition of error, which the criminal law envisages both on the part of the perpetrator and on the part of the victim. The second chapter deals with the subjective aspect of the offence, focusing on culpability as its obligatory feature, with which legal error is closely related. The third chapter is devoted to the establishment of legal error in our legal system. Sufficient attention is given to the process of adopting the statutory provision as well as to the historical development of the concept of legal error. The fifth chapter deals with the objective and subjective aspects of the possibility of avoiding a legal error. The sixth chapter covers selected issues of legal error that are rather rarely addressed by science. These include, for example, the concurrence between a negative error of fact and a negative legal error, or the question whether an official may commit the offence of abuse of...
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Criminal liability for breach of the duty of due managerial care
Bárta, Petr ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
IN ENGLISH Criminal liability for breach of the duty of due managerial care The aim of this thesis is to analyze the duty of due managerial care and its attributes for the members of the statutory bodies of the capital companies including the rule of entrepreneurial judgment, the instructions of the General Meeting, the delegation of powers of the statutory body of entrepreneurial judgment and the criminal law aspects of the violation of the care of a goodman. The diploma thesis consists of four chapters. The first chapter briefly describes the basic issues of capital companies. The second chapter deals with the duty of due managerial care of the statutory bodies of capital companies and its attributes, emphasizing the changes brought about by the recodification of private law. First, the duty of loyalty is analyzed, as one of the basic stones of duty of care of a good manager, then attention is paid to the expected care and the approach of its definition. The third chapter deals with general parts of criminal law, which first deals with the possibility of using criminal law, and the attention is then paid to the subjective side and unlawful circumstances. The circumstance of exclusion of illegality is highlighted by a mistake, especially in the context of expert advice, by its influence on...
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Criminal liability of municipal representatives and other persons for acts and omissions within the municipal unit
Richter, Martin ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
This diploma thesis deals with basically unstudied topic of criminal liability of municipal representatives and other involved persons. At the beginning there is an attempt to create at theoretical level distinction between political decisions where no legal consequences should be brought and implementing decisions. This thesis pays special attention to questions of mens rea with respect to special conditions within municipal units. Therefore it is created different levels of duty of care based on relationship between subject and draft of decision. It is also remembered influence of an error to mens rea and a special situation of an error caused by improper advice or materials. The thesis pays attention also to basic criminal offences connected to this topic - breach of trust, abuse of authority and corruption. At the end there is a brief comparison with the system of liability of municipal representatives in chosen countries. Powered by TCPDF (www.tcpdf.org)
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