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Criminal Aspects of Corruption
Andraš, Jozef ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
Corruption is a very current problem, which occurring in both the public and private sectors, poses a great threat to society as a whole. The main goal of the diploma thesis is to provide a thorough analysis of the legal regulation of corruption in the Czech republic. Therefore, this work presents both substantive law, with focus on criminal offenses of bribery, and procedural law. The introductory section of the thesis introduces the theoretical aspects of corruption; namely the definition of this term as well as other related terms, types of corruption or the possibilities of measuring it. The author does not omit the relevant European and international aspects of the fight against corruption. The main part of the thesis is devoted to the Czech legislation currently in force related to bribery; but it deals with the development of legislation in the Czech Republic, too. Thus, the work discusses criminal offenses of bribery; corruption sanctions regime, as well as procedural tools focused on uncovering corrupt conduct. The final part of the work focuses on the comparison of legislation in the Slovak republic and French Republic. The current Czech legislation reflects the obligations arising from the law of the European Union and international law. As corrupt individuals do not hesitate to use all...
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Types of corruption and anti-corruption strategies in Ukraine
Smorodina, Sofia ; Frič, Pavol (advisor) ; Ochrana, František (referee)
The thesis investigates corruption and the anti-corruption strategies. Focusing on the case study of Ukraine, it is shown how corruption can affect society and what particular measures can be undertaken for tackling this phenomenon. It is illustrated that the current level of corruption in Ukraine is high in all fields of public management: the customs and taxation systems, law enforcement agencies, the judicial system, business, and so on. The analysis of the Ukrainian government's anti-corruption strategies reveals that they are based primarily on deregulation, demonopolization, the creation of a strong institutional environment, and digitalization. In recent years, Ukraine has been able to achieve institutional advancements through the creation of new anti-corruption bodies and has initiated digitalization as a new strategic direction against corruption. However, none of these activities have brought tangible results so far. The thesis analyzes why the government's anti-corruption strategies have been fruitless to date and how the situation might develop in the future. Keywords anti-corruption strategies, bribery, corruption, European Union, institutional reforms, public officials, Ukraine. Abstrakt Práce zkoumá korupci a protikorupční strategie se zaměřením na případovou studii Ukrajiny. Je...
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Latent Criminality
Tajovská, Martina ; Kopečný, Zdeněk (advisor) ; Galovcová, Ingrid (referee)
The thesis deals with latent criminality as a dynamic criminality phenomenon. The first chapter is dedicated to the scientific discipline of criminology, which examines criminality as a whole, criminality itself and terms which define criminality, such as scope, level, structure and dynamic. The second chapter deals directly with latent criminality. It lists all that is included in latent criminality and its relation to registered criminality. The chapter describes the possible causes and brings closer all the methods for examining it. The most common of those are victimization method and self-reporting investigation. One of the main causes of crime latency is the victim's failure to report. The third chapter is therefore dedicated to crime victims. It lists the differences between a victim and an injured party and describes the relation between victim and perpetrator. This chapter also ties to the victim's consent with prosecution, which can be influenced by the aforementioned relation to the perpetrator. In the fourth chapter, criminality is divided into individual types. Apart from definitions of the different criminality types, such as property offences, violent, moral and economic criminality, the thesis here details the statistical indicators of these criminality types (number of crimes...
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Criminological Aspects of Corruption
Kornfeilová, Karolína ; Kopečný, Zdeněk (advisor) ; Galovcová, Ingrid (referee)
The Thesis on Criminological Aspects of Corruption is focused on the corruption with the aspects of criminology focused on criminal crimes related to corruption. It means, that the thesis analyses the corruption as social problem focusing on the criminological aspects of it. The thesis is split into the introduction, four synoptic chapters and conclusion and each of these chapters are focused on different aspect of adjustment of corruption. The first chapter analysis the term "corruption". Since there is no worldwide or national definition of corruption, which includes every character of it or corruption behavior, it is necessary to write up the different definitions of corruption from the point of view of international organizations, Czech legislator, state organizations, nongovernmental organizations or the experts across different disciplines. The terms as clientelism, lobbying, nepotism and conflict of interest are closely related to the term corruption (or they are confused with the corruption), and because of that it is necessary to analyze these terms, too. The second chapter is focused on legal framework of corruption on international level where it is regulated by UN or Council of Europe or nongovernmental organization as Transparency International, and also on national level. The third...
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Criminal aspects of corruption
Dvořáková, Tereza ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
Criminal Aspects of Corruption Corruption is currently a serious social problem which can be dealt with by means of criminal law, by virtue of the ultima ratio principle. This thesis deals with the issue of corruption from the perspective of substantive criminal law, especially with bribery offences included in the third part of Title X of the special part of the Czech Criminal Code. The introductory part is focused on general issues of corruption, including problematic aspects of the definition of this term and characterization of various forms of corruption. It also includes a subchapter that focuses on efforts to measure corruption and to compare the corruption situation in various countries. The main focus of this work then lies in the analysis of the current legislation of the offences of bribery. It is considered whether it allows effective sanctioning of bribery offenders, whether it acts as a suitable mean of deterring potential offenders, and whether it meets other general requirements, such as certainty of the offences. Attention is furthermore paid to the key notions of corruption offences, such as the notion of bribe or the general interest, and the interpretative problems associated with them. Subsequently, the individual crimes are analyzed, for which the conclusions expressed by...
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Criminal Aspects of Corruption in the Private Sector
Náhlovská, Lenka ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
This paper examines the criminal aspects of corruption in the private sector. Corruption in the private sector may be understood in a narrow sense as corruption committed in relation to business activities or it can be defined more broadly as all corrupt behaviour which is not related to public authorities and their activities. The aim of this paper is to analyse the legal framework of private sector corruption in the Czech Republic and to propose some useful changes in the Czech legislation which may lead to better prosecution and punishment of private sector corruption. The author provides a brief introduction into the topic in the first chapter of this paper. The second chapter firstly deals with the terminology connected with private sector corruption and corruption in general. The author then analyses the criminological aspects of private sector corruption and its negative consequences. She emphasizes the potential impact of private sector corruption on the economic situation of individuals and societies as well as national economies. The conclusion of the second chapter includes an analysis of international obligations of the Czech Republic regarding the punishment of private sector corruption (mainly obligations arising from the membership of the United Nations, the Council of Europe and the...
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Selected problems of corruption criminal offenses
Bednářová, Alexandra ; Říha, Jiří (advisor) ; Galovcová, Ingrid (referee)
Selected problems of corruption criminal offenses Abstract The rigorous thesis with the title "Selected problems of corruption offenses" analyzes bribery crimes as corruption criminal offenses with the focus on Accepting bribes (§ 333 of Criminal Code) Bribery (§ 332 CC) and Indirect bribery (§ 333 CC). The thesis includes apart from the legal analysis also other interdisciplinary perspectives such as criminology, sociology and economical approach, what brings about a more complete picture of this complex phenomenon. This presented analysis of bribery offenses is depicted within the context of its legislative developments, including its both International law and European law aspects and a brief legislative history on the sanctioning of bribery. The thesis also discusses the punishments of perpetrators of the corruption criminal offences including its developments. The thesis also contemplates other important relevant issues. In that respect the thesis presents a deeper insight into legal instruments such as the special provision for the temporary suspension of criminal prosecution (§ 159c CC) and the subsequent decision on the non-prosecution of the suspect (§ 159d CC), which serves as the alternative procedural instrument to the formerly effective intstrument of special pity. Further legal instrument that...
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Criminal liability of legal persons for corruption offences
Procházka, Tomáš ; Vokoun, Rudolf (advisor) ; Pelc, Vladimír (referee)
Thesis entitled "Criminal liability of legal persons for corruption offences" focuses on the criminal liability of legal person in relation to corruption offences in the Czech Republic and in other selected countries. Despite the fact that the Act on Criminal Liability of Legal Persons was enacted several years ago, it is still subjected to public discussions. The thesis is divided into four main chapters. First, introductory, chapter defines selected basic terms, e.g. criminal liability, legal persons, and provides a brief comprehensive overview of historic development with focus on main approaches to legislation. The chapter also analyzes the Czech legal rules on the criminal liability of legal persons and the sanctioning of legal persons in the enforcement practice. Second chapter focuses on the general context of corruption and on measures undertaken by the international organizations in order to support the fight against corruption. It also analyzes the Czech legislation on selected criminal offences that are connected with corruption and bribery. Third chapter describes legislation of other selected countries, e.g. USA and the United Kingdom, in order to compare it with the Czech legal rules. In addition, the thesis aims to illustrate results of OECD's stocktaking report on the criminal...
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Criminal aspects of the public procurement
Novák, Martin ; Šámal, Pavel (advisor) ; Gřivna, Tomáš (referee)
147 Summary: The subject of this work, as it follows from its title, is the issue of crimes committed in connection with public procurement. The author emphasizes that it is a problem more than actual. Crime in connection with the public procurement has significant economic and social impacts and is subject of a long-term criticism and constant interest of media. The aim of this work is to present the main features of this form of crime, not only through a detailed analysis of the applicable criminal regulations, but also, using practical experience and analysis of the current case-law of general courts, through identification of the most significant legal or forensic problems in detection and investigation of this type of crime. The work is divided into five parts, which are further divided into sub-chapters and sections. The first part is dedicated to a valid criminal regulation. It defines in detail the various constituent elements of the relevant offenses and the most important legal concepts. The criminal liability of legal persons is not omitted. The second part, though still focused on the criminal regulation, has been concentrating on the applicable regulations of the Public Procurement Act, rather than the Criminal Code, with focus on legal concepts contained in this Act that are also normative...
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Protection against corruption and bribery and their prevention
Kraus, Šimon ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
1 Summary The thesis deals with certain aspects of corruption and its prevention. It focuses mainly on whistleblowing as an instrument of corruption control. The thesis is structured into an introduction, three chapters and conclusion. The first chapter contains a general introduction to the corruption issue. With the aid of several historical examples of corruption cases in various social systems, I attempt to emphasize the complexity and ubiquity of this phenomenon. Further on, the chapter is concerned with clarifying the notion of corruption as well as other key concepts, such as bribery, lobbing etc. The second chapter provides an overview of Czech substantive anti-corruption criminal law with special focus on bribery offences incorporated in Sections 331 to 333 of the Czech Criminal Code. Two excursions are made within this chapter. The first covers the topic of gift acceptance by civil servants based on the new Czech Civil Service Act as well as the potentially corruptive effect of such practice, if allowed even to a limited extent. The second excursion discusses the fundamental differences between lobbing and the criminal offence of indirect bribery according to Section 333 of the Czech Criminal Code. This topic is highly relevant as these two concepts are frequently confused in practice, which is...
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