|
|
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...
|
|
|
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...
|
|
|
Bribery and its topical problems
Janoušková, Nikola ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
Title: Bribery and its topical problems This diploma thesis is mainly focused on bribery, its topical problems and their possible solutions for the future. The text is divided into six chapters. The opening chapter deals with the definition of corruption which is a very extensive term. It also clarifies its relation to bribery which is essential for clarity and coherence of this thesis as these two terms are often interchanged. The second chapter focuses on demonstrating the severity of this criminality by pointing out selected criminological aspects of corruption, specifically the extent of corruption and the causes of corruption in general. The following chapter is dedicated to the legal regulations of bribery in the substantive criminal law. The attention is paid to fundamental terminology such as bribe, public official, the concept of general interest and elements of relevant criminal offences. The thesis would not be complete without a description of the procedural part. Therefore, the fourth chapter illustrates the actual problems of the Police, public prosecution system and court system and the need for the establishment of special departments dealing with corruption. The fifth chapter describes legal instruments that support successful detection and proving of bribery. It contains an...
|
|
|
Effective Repentance and Bribery
Němec, Václav ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
The topic of this diploma work is "Effective repentance and bribery". Effective repentance is a reason which causes an extinction of punish ability. There are two kinds of effective repentance. The first is a general effective repentance. The second is a specific effective repentance. General effective repentance causes impunity when offender of criminal act of listed crimes retrieved injury by his own will, or announced criminal act to prosecutor or police officer in time when should be injury retrieve. Specific effective repentance is codified for just a few crimes. One of these crimes, where specific effective repentance was codified is bribery. Bribery effective repentance means, that the offender of bribe giving will not be penal responsible if he gives or promises bribe, just because he was asked for bribe and if he (by his own will and immediately) announced this to a prosecutor or a police officer. In the past since 1950 we have had this specific repentance in criminal law. Since 1/1/2010 we have got a new criminal law no 40/2009 Sb. New codex no. 40/2009 Sb. despite original legislative proposal does not codify specific effective repentance in corruption cases. It was tried to describe historical aspects of effective repentance in context with development of criminal law in our country. In my...
|
|
|
Protection against corruption and bribery and their prevention
Kovařík, Petr ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
Title: Protection against corruption and bribery and their prevention Abstract My diploma thesis should describe the contemporary issues of corruption and then it should show us the differences between corruption and lobbying. After that I would like to focus on the current legislation which mentions corruption. Finally, I would highlight the necessity of prevention. Initially, I would try to define corruption, describe the origin reasons of corruption and its dividing. The next part of the first chapter includes the methods of measurement, which are used for taking an imagination about the extent of the corruption in this age. The following chapter describes lobbying and the other terms which belong to it. The main goal is an effort to distinguish the situation when it is still lobbying and the situation when the legal line of lobbying is already broke. The next chapter includes current legislation which concerns the problem of corruption. Because of the quite extensive legislation I try to focus on the regulation in the criminal law and in the business law. One part of this chapter discusses the effective repentance, which could again appear in our legislation. The fourth chapter points to necessity of prevention in this issue. Corruption is a global problem and the solving of problem with corruption is...
|
|
|
Protection against corruption and bribery and their prevention
Novák, Martin ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee)
THE PROTECTION AGAINST CORRUPTION AND BRIBERY AND THEIR PREVENTION The purpose of my thesis is to analyse basic instruments provided by the criminal law for investigation and prosecution of bribery and find out how they are applied in everyday practice within criminal proceeding. The main reason why I chose this topic is frequent complaining of the public, blaming the law enforcement authorities from dismal state of corruption in the Czech Republic. The motive was to find out whether these complaints are legitimate or the criminal law does not provide sufficient means for effective regulation of the corruption. The main aim of the thesis is therefore to answer the question, whether the instruments provided by the criminal law are sufficient for effective regulation of bribery and corruption in the Czech Republic. The thesis is composed of five chapters. Chapter one is devoted to the brief explanation of historical development of the phenomenon of corruption. Aim of this chapter is to show the issue of corruption as never-ending struggle which was present in the society since its very beginning. Chapter two is introductory and defines basic terminology. Purpose of this chapter is to explain the main distinction between corruption and bribery and define the basic classification referred in the...
|
|
|
Protection against corruption and bribery and their prevention
Bergelová, Linda ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
Title: Protection against corruption and bribery and their prevention Abstract This thesis deals with corruption and ways of its prevention. Initial chapter describes phenomenon of corruption in society, defines it and its Subchapter contains kinds of corruption. I try to explain the cause of origin of the corruption and its development phases in Chapter Two. Following Chapter Three is focused on measurement of corruption level and on existing corruption measurement methods also. This chapter concerns with description of Corruption Perception Index (CPI) published by Transparency International. The most important part of this diploma thesis is Chapter Four. This chapter is trying to find the suitable preventive measures that could reduce occurrences of corruption. Because this topic is very voluminous, Subchapter One is focused on preventive anti-corruption measures in subsequent three areas: legislative process (I describe much discussed topic of lobbing today in this part), conflict of interests and corruption in public administration. I try to describe particular measures that can reduce creating of corruption opportunities. Subchapter Two contains legislation of the corruption with put emphasis on anti-corruption tools of criminal law. It describes bribery crimes especially. Chapter Five explores ways...
|
|
|
Protection against corruption and bribery and their prevention
Faltusová, Eva ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
PROTECTION AGAINST CORRUPTION AND BRIBERY AND THEIR PREVENTION The purpose of this thesis is to analyse the phenomenon of corruption and to describe the relevant legislation, which either states the illegality of the matter or is important as a part of the actions taken against corruption. The main reason why the author has chosen this topic is possibly the frustration about the strong corruption climate in the Czech Republic and also the fear that the country is - concerning this issue - not moving forward at all. The motive was to find out the reasons of this situation and to analyse whether the legislation covering this area is sufficient. This work consists of an introduction, three chapters, each of them dealing with different aspects of the topic, and the conclusion. In the introduction, the author describes the reasons for choosing the topic and summarises the content of the thesis. The purpose of the first chapter, which consists of four parts, is a description of the term "corruption". It gives a number of definitions and tries to further explain the meaning by presenting different types of corruption. The third part states the origins of the phenomenon and the fourth part describes the ways to measure it. The chapter two is focused on the occurrence of corruption within the Czech...
|
|
|
Analysis of the Current Issue of Corruption in the Czech Republic with a Focus on Public Administration
Baštář, Filip ; Louda, Tomáš (advisor) ; Matula, Miloš (referee)
This diploma thesis analyses the current state of corruption in the Czech Republic. Primarily I focus on public administration and public sector, however I seek a comprehensive view on the issue in my thesis. The first part presents the theoretical approaches to corruption, bureaucracy and public administration, lobbying, interest groups etc. The practical part deals with methods of measuring corruption, the position of the Czech Republic against other states, legal specification of corruption and the impact of corruption in the states economy. Furthermore, I present causes of origin and spread of corruption and analyse current and planned instruments of government anticorruption fight in combination with the activities of organizations dealing with corruption. The aim of my thesis is to determine whether the current anti-corruption steps are properly set and whether those steps are actually implemented.
|
|
|
The law applicable to bribery in an international context: Study 5.334
Syllová, Jindřiška ; Tetourová, Eva
Subjektem korupčních trestných činů v České republice a ve Francii je osoba obstarávající veřejný zájem. V německých zemích je subjekt užší, jedná se o úředníky veřejné správy. Skutková podstata uplácení a přijetí úplatku se v uvedených státech příliš neliší. Úplatkem je vždy výhoda materiálního i nemateriálního charakteru. Judikatura všech zemí určuje, co je ještě úplatkem a co je pouze společensky akceptovatelnou pozorností. Ve všech státech musí u přijetí úplatku existovat souvislost mezi výhodou a jednáním pachatele, které následovalo nebo předcházelo jejímu přijetí či přislíbení. Případ ujednání spočívajícího v přijetí slibu o poskytnutí politické funkce za závazek určité činnosti v rámci zastupitelského mandátu (např. vzdání se mandátu) nebyl u uvedených státech konkrétně nalezen. Pokud se týká Francie, kde mohou být poslanci potenciálními pachateli přijetí úplatku, dostupné komentáře podobný případ nezaznamenaly.
Fulltext:  PDF
|
guest ::
