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Corruption in health care in the Czech Republic
Kramář, Rudolf ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee) ; Kuchta, Josef (referee)
1 Corruption in health care in the Czech Republic Abstract The topic of this dissertation thesis is the issue of corruption in health care in the Czech Republic. It is a broad topic with a wide range of related aspects that go far beyond the limited scope of the dissertation. Corruption in the health sector certainly takes a number of forms and can be assumed in a cross-sectional way in almost all areas of which health care consists. From public procurement and the selection of managers of state hospitals, through the conclusion of contracts of health insurance companies and the cooperation of pharmaceutical or supply companies with doctors, to corruption in the relationship between the patient and the provider of health services. The last mentioned area is to some extent specific to health care, and the author elaborates on the reasons in detail. The problem, from the point of view of criminal law, however, lies in the fact that this area of corruption in the health sector is very difficult to detect due to the intimacy of the doctor-patient relationship. After a brief introductory excursion into individual potential areas of corruption in the health sector, the author focuses in more detail on the corrupt environment within the relationships - simply put - of the doctor and the patient, respectively the...
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Criminal Liability of Legal Entities
Šťastný, Petr ; Musil, Jan (advisor) ; Bohuslav, Lukáš (referee) ; Kuchta, Josef (referee)
CRIMINAL LIABILITY OF LEGAL ENTITIES Abstract Although it has been more than seven years since the adoption of Act No. 418/2011 Coll., on the criminal liability of legal entities and proceedings against them, by criminal liability of legal entities which the Czech legislators introduced, it remains a controversial issue. Thus the aim of this thesis is not only to analyse this legislation and provide a comprehensive and clear interpretation, including a critical evaluation of selected institutes, but also to introduce the process leading to its adoption, including a comparison of the arguments in favour of adopting such a decision with the arguments presented by the opponents of the criminal liability of legal entities. An equally important aim of the thesis is an analytical evaluation of application knowledge and the presentation of potential de lege ferenda proposals. However, such considerations require a sufficient command of terminology, as well as of the basic principles of criminal law, which is the content of Chapter One of the thesis. Chapter Two is dedicated to the fundamental change in the concept of legal entities brought about by the new Civil Code, which leans towards the theory of fiction, thereby causing considerable tension. On a global scale, the institute of the liability of legal entities...
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Czech and Polish legal regulation of criminal liability for drug offenses
Rosůlek, Adéla ; Jelínek, Jiří (advisor) ; Kuchta, Josef (referee) ; Bohuslav, Lukáš (referee)
The dissertation thesis about Czech and Polish legislation on drug offenses deals with driving under the influence of addictive substances, responsibility for acts committed under the influence of addictive substances, drug possession, cannabis cultivation, production and distribution of drugs, handling of articles for drug production and spreading drug addiction. The aim of this work is to bring a critical view of the current Czech legislation on drug offenses and related issues and then to present specific legislative proposals based on comparison with Polish law. The thesis analyzes the Polish and Czech legal regulations of drug offenses and brings a comparison of the facts of the aforementioned crimes and specific case studies. The work is based on legal regulations and case law of both countries, practical knowledge and also available statistical data. The thesis deals with the legalization of drugs comprehensively, including the arguments for and against legalization, wich are used in the Czech Republic and Poland. It addresses the legalization of cannabis on the example of Holland, the USA and Uruguay, as well as the availability of hard drugs in substitution programs in the Czech Republic and Poland. In conclusion the thesis gets to the explanation how the Czech legislator should proceed...
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