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Sanctioning of legal persons
Kurečková, Hana ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
This thesis deals with sanctioning of legal persons under the Act No. 418/2011 Coll., on Criminal Liability of Legal Entities and Legal Proceedings against them (hereinafter referred to as "Act"). The main part of the paper consists in detailed analysis of the sanctions that may be imposed on legal persons. The main goal of the thesis was to evaluate this relatively new area of legislation which has not been amended to this day in any significant way. Special focus was given to the evaluation of whether the effective legislation in question is complex, sufficient and flawless or whether any amendment is necessary. The preface introduces the main topic, goals and the structure of the thesis. The thesis in general is divided into four parts. The second part deals with the basic institutes related to the criminal liability of legal persons and their sanctioning. The character of legal persons is defined, as well as the range of relevant legal entities on which the legislation in question is applicable. Also different approaches to the sanctioning of legal entities are introduced followed by brief analysis of the basic principles of the criminal liability of legal persons in Czech Republic in accordance with the principle of imputability of a crime to a legal person. The focal point of the thesis can...
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Criminal liability of corporations in selected countries of the European union
Slobodník, Martin ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
The author of the propounded thesis is dealing with a controversial issue of criminal liability of legal entities in various countries of Central Europe, i.e. the Federal Republic of Germany, the Republic of Austria, the Slovak Republic, the Republic of Poland and attention is dedicated to their comparison with each other or with the relevant legal provisions of the Czech Republic. The criminal liability of legal persons is not perceived by the experts of criminal law as mere complement of the criminal liability of individuals, but as an equal branch of penal responsibility side by side with the liability of natural persons. For this reason, the author deems its closer examination to be beneficial. This work refers to legislative activities in the Czech Republic, but also in the Slovak Republic and the Federal Republic of Germany, which clearly show that the legislation of these countries is constantly evolving and that their legislators are still looking for the optimal embedding of effective sanctioning of legal entities, including the related penal institutes. In the introduction, the author points out the common international and European obligations of particular researched countries and also provides evaluation of the implementation of commitments by member states to the European Union or to...
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Selected issues of sanctioning of legal persons
Tibitanzlová, Alena ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This thesis deals with selected issues in sanctioning of legal persons. In particular, it focuses on sanctions applicable to legal persons under the act on criminal liability of legal persons. I selected this topic since I am interested in criminal law, especially in criminal liability of legal persons. I decided to focus on sanctioning of legal persons, or more precisely on selected issues thereof, since there are many reasons why this topic is subject of passionate discussions about the act. Based on theoretical and practical findings, this thesis aims to analyze whether the current state of law in the area of sanctioning of legal persons in the act on criminal liability of legal persons is perfect and fully sufficient, or whether it requires amending. The preface introduces the topic of sanctioning of criminal persons and the structure and the main goals of this thesis. Subsequently, the thesis is divided into seven chapters. The first chapter deals with theoretical issues. It covers different approaches to sanctioning of legal persons throughout Europe and key arguments both in favor and against the introduction of new regulation of sanctioning of legal persons in the Czech Republic. The second chapter covers basic provisions of sanctioning of legal persons in the act on criminal liability of...
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Criminal Corporate Liability
Bohuslav, Lukáš ; Jelínek, Jiří (advisor) ; Záhora, Jozef (referee) ; Sváček, Jan (referee)
The Criminal Corporate Liability The definition of legal person is not outlined in criminal law, but can be found in Section 18, Subsection 2 of the Civil Code. Corporate criminal liability is then a concept that has been newly introduced to the Czech statutory criminal law, what has caused a certain intrusion of the system of basic principles of criminal law, mainly the principle of individual criminal responsibility. The term "imputability" appears, which means that a conduct of agents or other persons designated in the Act on Criminal Liability of Legal Persons and Proceedings Against Them (further as "the Act") can be imputed to a legal person, if the physical person is culpable for the conduct and the conduct causes imputability of the criminal offence to the legal person. Intensive discussions on necessity and suitability of implementation of the concept of corporate criminal liability into the Czech legal system had preceded the adoption of the Act in 2011. Such discussion can now be considered as overcome, as it is obvious that the Czech Republic has opted for the direction towards the "true" corporate criminal liability. Arguments for and against the adoption of the Act can nevertheless help to better understand the concept itself, as well as the context in which it has been introduced. It...
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Economic crime and its prevention
Mišianik, Peter ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
1 Resumé The purpose of my thesis is to analyze the concept of economic crime in its whole size. The reason why I chose this topic is its international danger and high damage caused by this kind of crime. This subject is discussed in international organizations and is focused in its documents, because only international co-operation is able to fight with such crime. The thesis is composed of two parts (four chapters) - general and special. The first part (first and second chapter) is dealing with theoretical issues. The goal of this part is to introduce and define basic terminology found in the thesis like economic crime or financial crime. It is as well dealing with basic criminological characteristics of economic crime like the phenomenology, specifics of offenders, etiology or control mechanism and prevention of economic crime. The second part (third and fourth chapter) describes money laundering as a distinctive example of economic crime and the criminal liability of corporations as an instrument for fighting with economic crime. Describing the theoretical process of money laundering and focusing on legislative statute No. 253/2008, where the proper legislation is found, is the basis of chapter three. Chapter four is composed of three subchapters, where is described the term criminal liability of...
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Criminal Lisability of legal entities
Zatsepina, Lina ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Diploma Thesis: Criminal Liability of Legal Entities Abstract: This graduation thesis deals with problems of potential introduction of criminal liability of corporations into the legal order of the Czech Republic Its main purpose is to analyze selected legal aspects of criminal liability of corporation, compare foreign approaches with the Czech Draft Act and to suggest possible amendments for the future introduction of the Draft Act.
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Criminal Liability of Corporations in the Czech Republic and in the United Kingdom
Klíčová, Kateřina ; Moravec, Tomáš (advisor) ; Žák, Květoslav (referee)
The bachelor's thesis addresses criminal liability of corporations in the Czech Republic as well as in the United Kingdom. The main aim of this work is to define who legal person is, what criminal liability of corporations specifically means, how it came to existence and what effect it has on public. At the same time this thesis deals with types of criminal offences which legal person might commit and also types of sanctions for these criminal offences. But essential point is to compare these two legal models of criminal liability of corporations and point out the main differences.
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Types of sanctions
Benešová, Jana ; Moravec, Tomáš (advisor) ; Žák, Květoslav (referee)
The thesis deals with the issues of sanctions and protection of legal persons in the Czech Republic. It is focused on the detailed analysis of some sanctions, that can be found in the area of our law. Dissolution of a company § 16, confiscation of corporate property by the Czech government § 17, a fine § 18, confiscation of movables by the Czech government § 19, ban on particular activities of a company § 20 and protection of movables by the Czech Republic § 26 are covered in this work. Relevant international law is also mentioned. Futhermore the thesis deals with punishment of financial institutions, punishment of foreign legal entities, and also describes general principles of punishment. In the conclusion a few considerations about the importance of Law on Criminal Liability of Legal Persons are offered.
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Liability of the statutory body in the field of criminal law
Nemerád, Petr ; Moravec, Tomáš (advisor) ; Neděla, Radek (referee)
The bachelor thesis "Liability of the statutory body in the field of criminal law" deals with the characteristics of criminal liability of statutory body in current legal regulations (May 2012). The aim of this thesis is to provide overall information about criminal liability of statutory body. The thesis is divided into six chapters. The first one deals with the legal liability in general. The second chapter describes criminal liability. The following chapters characterize the position of the statutory body in criminal law and criminal liability of persons acting on behalf of legal entity. The last chapter focuses on potential offences of members of statutory body and analyses one of them.
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Criminal Responsibility of Legal Entities
Švepeš, Petr ; Boháček, Martin (advisor) ; Žák, Květoslav (referee)
The thesis deals with the legal institution of the criminal responsibility of legal entities and a feasibility of its implementation in the Czech law. The main objective of the thesis is to find an answer to the question if the implementation of the institution is neccessary in the Czech republic and eventually in which form and parameters. The first part of the paper describes the current state of legal regulation in the Czech republic and contains a comparative analysis of legal regulation in France, Austria, Germany, Slovenia, Slovakia, Great Britain and United States. In the end of the theoretical part the paper discusses relevant liabilities of the Czech republic arising from international treaties and european law. In the second part the paper focuses on scolarly debate on the possible implementation, its advantages and disadvantages. The core of the paper lies in the critical reflection of existing drafts of the law on criminal responsibility of legal entities and author's own speculation about a possible legal regulation in the Czech republic
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