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Personal status of legal entities in private international law
Doula, Sufjan ; Pfeiffer, Magdalena (advisor) ; Pauknerová, Monika (referee)
In today's world, where globalisation and internationalization becomes part of our daily life, international entrepreneurship turns into a more actual and important issue. The role of law in this system is to set borders and give directions, which reflect the current state of global society. The aim of the diploma thesis Personal status of legal entities in private international law is both to clarify the actual legal situation of determining the personal status of legal entities and to find out the current grade of global legal integration in these aspects, that either encourages or prevents legal entities from international activities. In order to achieve that, firstly, a theoretical definition of the historically evolved theories for determination of personal status of legal entities is given. Subsequently, their main be- nefits and drawbacks are analysed. The first part is concluded with a definition of the scope of the conflict between the two main theories - incorporation theory and real seat theory. Additionally possible ways, how to solve this conflict together with their potential impact, are sought. Further parts of the thesis deal with such terms as recognition of foreign legal entities and cross-border transfer of seat. These all are essential terms that are bound with the per- sonal status of...
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Criminal liability and sanctioning of legal entities in the Czech Republic
Gvozdek, Filip ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The substantive legal issues of the criminal liability and sanctioning of legal entities in the Czech Republic under the Act No. 418/2011 Sb., Act on Criminal Liability of Legal Entities and Proceedings Against Them (hereinafter as "the Act") that came into force on January 1, 2012 are the subject matter of this thesis. Even after four years of the effect of the Act the institute of criminal liability of legal entities still represents a very discussed and recent topic. The aim of this thesis is to analyze the chosen substantive provisions of the Act with respect to the their strengths and weaknesses. This rigorosum thesis is divided into four parts. The first part is concentrated on the arguments for and against the adoption of the Act, concepts of liability of legal entities, new principles of the criminal law and systematics of the Act. The second part deals with the scope of the Act, conditions of the criminal liability of legal entities, especially with the imputability and the possibilities of exculpation by virtue of compliance measures. The end of the second part pays attention to the transition of the criminal liability of legal entity on its legal successors and the issue of disappearance of the criminal liability of legal entities. The third part contains analysis of the sanctioning of...
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Sanctioning of legal persons
Volek, Václav ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
77 6 The topic of this thesis is one of the esential segments of corporate criminal lability, sanctioning of legal persons. Corporate criminal lability was incorporated to czech legal order by by the Act No. 418/2011 Sb., Act on Criminal Liability of Legal Entities and Proceedings Against Them (hereinafter as "the Act"), that came into force on 1. 1. 2012 and ever since penal sanctions can be imposed on legal persons. Main goals of the thesis are to introduce the theme to readers and critical evaluation of sanctioning in the Act. The first chapter deals with general questions of corporate criminal lability and explanation of basic condions of the criminal lability. There are also mentioned the main issues of possibility of attribution of a criminal act to a legal entity. The second charter is dedicated to sanctioning of legal persons in general. The chapter analyzes basic differences between sanctioning of legal persons and natural persons, that cause modification of purpose and principles of sanctioning of legal persons. It also covers different approaches in variability of sanctions in legal orders of european countries. The third, most important, chapter analyzes each particular sanction under the Act. It points out defects of the sanctioning and there are also mentioned critical comments of legal...
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Criminal Liability of Legal Entities and Compliance Program
Bureš, Richard ; Bohuslav, Lukáš (advisor) ; Tejnská, Katarína (referee)
The author of this thesis discusses the subject of criminal liability of legal persons and focuses primarily on the analysis of the most important substantive provisions of the Act. No. 418/2011 coll., which describe criminal liability of legal entities and proceedings against them (hereinafter ZTOPO) and entered into force on 1st January 2012. This act is still well- discussed and current even after 6 years of being in force, which can be seen by the number of amendments done to it since it became effective. This thesis aims to offer a comprehensive overview of the issue of criminal liability of legal persons and at the same time tries to capture the most important changes that have been made due to these 9 amendments. The thesis is divided into five parts. In the first part, the author deals with the historical background of criminal liability of legal persons. This part also contains path to the adoption of ZTOPO. The second and the third parts are the core of this paper. In the second part, the author analyses the imputability and the structure of criminal liability of legal entities in the Czech Republic. One part of this section is dedicated to the scope of criminalization of legal entities. The third part of the thesis deals with the possibility of legal entity to be exculpated through the...
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Criminal Liability of Legal Entities in Health Care
Kováčiková, Veronika ; Bohuslav, Lukáš (referee)
Criminal Liability of Legal Entities in Health Care Abstract The submitted diploma thesis deals with the institute of criminal liability of legal entities in health care. The main objective of this thesis is to define all the requirements and essential elements of criminal responsibility of legal persons, especially healthcare providers. We also look into the most critical aspects of providing healthcare services in which a criminal offense may be committed. Concepts of criminal law are considered in the context of medical law. Thesis is divided into five main chapters. The first chapter focuses on conditions of criminal liability taking into account the specifics of the topic. Attention will also be paid to attributability of a crime to a legal person as well as to legal regulation in United Kingdom and France. In the second chapter we describe the most common circumstances excluding illegality in medicine. We particularly focus on medical intervention, research and experiment. These are not only accepted but also beneficial. The third chapter deals with the main concepts of medical law. If healthcare providers comply with related legal provisions, they significantly reduce the risk of committing an act against the law. Special emphasis is placed on lege artis procedure as an objective measurement of...
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Comparison of legislation concerning criminal liability of legal entities in the Czech Republic and the Slovak Republic
Kubala, Tomáš ; Tejnská, Katarína (advisor) ; Bohuslav, Lukáš (referee)
Comparison of legislation concerning criminal liability of legal entities in the Czech Republic and the Slovak Republic Abstract This master thesis deals with a very recent phenomenon of criminal liability of legal entities. Its recent implementation into national legislation of the Czech and the Slovak Republic provides evidence of its current relevance, which is followed by relentless criticism, lack of clarity and application difficulties confirms its currency. Nevertheless, discourse about its implementation by legislations of various countries around the globe can be seen in ancient history. Therefore, the first part of this thesis deals with the introduction of historical background and analyses in detail the development of this doctrine. Furthermore, it also examines the development of international discussion and lays down several international legal documents which serve either as recommendations or impose obligation onto the parties to introduce proper liability of legal entities. The most relevant part of this thesis consists of the comparison of current national legislation of the criminal liability of legal entities in the Czech and the Slovak Republic. But it also doesn't avoid the necessary line of reasoning of social essentiality of this doctrine including the disproval of reasoning which...
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Selected Issues of Criminal Proceedings against a Legal Entity
Čabrádek, Josef ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Selected Issues of Criminal Proceedings against a Legal Entity Abstract As the name implies, this work deals with selected issues of criminal proceedings against a legal entity. In the presented work, the author aims to draw attention to some difficulties that may arise in criminal proceedings due to the typical nature of legal entities, and to the selected institute of criminal procedural law comparison of the application of principles of criminal proceedings between natural person and legal entities. In fact, the initial problem may be that the current criminal law relating to legal entities is launched briefly. Therefore, this work reflects the current special legislation governing criminal proceedings against legal entities in the sense of Act No. 418/2011 Coll., of criminal liability of legal entities and proceedings against them, applying the relationship of subsidiarity to the general legislation of criminal procedural law, namely Act No. 141/1961 Coll., of Criminal Procedure. At first, the author briefly addresses the question of whether the principles of criminal proceedings apply to criminal proceedings against a legal entity. For the purposes of further formulation of this work, the author simultaneously discusses in the first chapter the principle of equality before the law. In other parts of...
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Criminal Proceedings against Legal Entities
Košňar, Václav ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Criminal proceedings against legal entities Abstract Regarding the character of a legal entity as a fiction, criminal proceedings against legal entities differ in many ways in comparison with standard criminal proceedings against a natural person. The aim of this work is to analyze certain specific institutes, whose interpretation and application is problematic with respect to the interweaving of the procedural regulation contained in Act No. 418/2011 Coll. on penal liability of legal entities and proceedings against them, with the classic regulation contained in the Criminal Procedure Act. This thesis is divided into two main parts. The theoretical one, which serves as the introduction of the whole work, briefly discusses traditional topics related to the substance of penal liability of legal entities, i.e. reasons for its adoption, its concept, its sources and legislation, including their ongoing changes. The merit of the work is, however, its special part, which in six chapters deals with specific institutes and issues of criminal proceedings against legal entities. Gradually, in the special part of this thesis, the issue of the representation of a legal entity in proceedings is analyzed and individual subject that can perform acts on behalf of a legal entity in criminal proceedings are discussed....
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Criminal Liability of Legal Entities in Health Care
Kováčiková, Veronika ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Criminal Liability of Legal Entities in Health Care Abstract The submitted diploma thesis deals with the institute of criminal liability of legal entities in health care. The main objective of this thesis is to define all the requirements and essential elements of criminal responsibility of legal persons, especially healthcare providers. We also look into the most critical aspects of providing healthcare services in which a criminal offense may be committed. Concepts of criminal law are considered in the context of medical law. Thesis is divided into five main chapters. The first chapter focuses on conditions of criminal liability taking into account the specifics of the topic. Attention will also be paid to attributability of a crime to a legal person as well as to legal regulation in United Kingdom and France. In the second chapter we describe the most common circumstances excluding illegality in medicine. We particularly focus on medical intervention, research and experiment. These are not only accepted but also beneficial. The third chapter deals with the main concepts of medical law. If healthcare providers comply with related legal provisions, they significantly reduce the risk of committing an act against the law. Special emphasis is placed on lege artis procedure as an objective measurement of...
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Sanctioning of legal entities
Gvozdek, Filip ; Jelínek, Jiří (advisor) ; Bohuslav, Lukáš (referee) ; Fenyk, Jaroslav (referee)
Abstraktv anglickém jazyce The subject matter and aim of this thesis is to analyse the positive criminal law regulation of sanctioning of legal entities in the light of the Act No. 418/2011 Coll., Act on Criminal Liability of Legal Entities and Proceedings Against Them (hereinafter as "the Act"), its critical assessment and possible de lege ferenda suggestions. As a result, this thesis can be perceived as a comprehensive assessment of issues related to sanctioning of legal entities in the Czech Republic. The dissertation thesis is divided into eleven parts. The first part takes into account the international legal aspects of corporate liability, the concept of criminal liability of legal entities, arguments for and against the adoption of the Act and the legislative process leading to the adoption of the Act. Issues related to sanctioning of legal entities are dealt with in parts 2 to 11, which at the beginning discuss the basic terms of sanctioning, then analyse individual punishments and protective measures which can be imposed on legal entities, then also analyse abandonment of punishment, enforcement of punishments and effacement of conviction. Particularly interesting is the eighth part, which in addition to the treatise on the Criminal Register contains statistical overviews of the current application...
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