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The concept of imputability of a crime to a legal entity
Němeček, Jakub ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
The submitted diploma thesis focuses on the area of criminal liability of legal entities, which is not only the most controversial area, but also represents the very core of the Act on criminal liability of legal entities. The aim of this work is a detailed analysis of the positive legal regulation of imputability of a crime to a legal entity, focusing on confrontation of provisions concerning the possibility of exculpation, especially section 8(5) of Act No. 418/2011 Coll., with the fundamental principles of substantive and procedural criminal law. Introducing the topic, the concept of legal entity is defined, then the arguments for and against the adoption of criminal liability of legal entities are presented, as well as models of criminal liability of legal entities. At the end of the first chapter, the issue of the scope of criminalization is analyzed. The second chapter is devoted to the positive condition of imputability of a crime to a legal entity. This includes not only the very structure of imputability, but also the individual persons whose acts can be imputated to the legal entity. Furthermore, the following chapter focuses on the negative condition of imputability, i.e., the exculpation, or non-imputation of the crime to a legal entity. The provision regulating exculpation is subject...
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