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Actual problems of criminal liability in medical treatment in connection with advance directives
Franková, Petra ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Title of thesis: Actual problems of criminal liability in medical treatment in connection with advance directives Abstract The main aim of this thesis is to analyze the topic of advance directives, recent institute in Czech legislation, its problems and mainly criminal liability in medical treatment, which is not summarized complexly in Czech professional literature. This thesis is composed of seven chapters, which are divided into sections and subsections. Chapter One is introductory and is dedicated to moral rights of a patient, which provide the basic starting points of this thesis. The chapter is subdivided into two parts. Part One describes evolution of rights of patients and part Two presents right to life, right to self-determination and finally right to protection of human dignity. Chapter Two analyzes advance directives. This chapter is subdivided into five sections. The basic characteristic is processed with respect to legislation, particular types, issues and critical aspects of advance directives. Chapter Three discusses the legal liability in healthcare. Chapter is divided into four sections; each is devoted to one of the civil, labor, administrative and disciplinary liability. Chapter Three is related to the following chapter, which deals with criminal liability and represents, with respect to...
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Criminal Proceedings against Legal persons
Chovanec, Štěpán ; Herczeg, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
Chovanec, Š. Criminal proceedings against legal entities Criminal proceedings against legal entities represent a significant innovation for Czech criminal procedure law. Adoption of Act nř 418/2011, about Criminal liability of legal entities and criminal proceedings against them, is considered as acceptance of the world's phenomenon of enactment of the institute of Criminal liability of legal entities. The lawmaker had chosen a special regulation for criminal proceedings against legal entities which however does not describe the issues solely. So the Penal Code is considered subsidiary applicable regardless it does regulate criminal proceedings against a natural person. The author of this text deals with risks and potential problems connected to this construct. The author of this text describes selected aspects of criminal proceedings against legal entities from its beginning to the enforcement proceeding.
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Criminal liability in environmental protection
Novotná, Barbora ; Stejskal, Vojtěch (advisor) ; Snopková, Tereza (referee)
141 Abstract The topic of this thesis is criminal liability within the environmental protection. Introductory chapters are devoted to the definition of basic concepts of the whole matter (environment, environmental protection, criminal liability etc.) and kinds of legal liability in the field of environmental protection. Another chapter deals with international and EU aspects of matter aforesaid. Furthermore, this thesis analyzes the adjustment of criminal liability within the environmental protection in the Czech Republic, at first for natural and consequently for legal persons whose criminal liability has been introduced in the Czech Republic for relatively short period of time. The final chapter is focused on the comparison of Czech and French criminal liability legislation of legal persons in relation to the environment.
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Criminal liability of legal entities in the area of environmental protection
Paráčková, Monika ; Stejskal, Vojtěch (advisor) ; Humlíčková, Petra (referee)
The purpose of this thesis is to assess the new legislation on criminal liability of legal entities in the area of environmental protection. At the beginning the thesis deals with the core terms of the whole thesis, which means environment and legal entities and it describes tort liability in the area of environmental protection in general. Then focuses in detail on the criminal liability of legal entities, which is relatively new institute for the law of the Czech Republic. It deals with the development of legislation, including the international and EU development and proceedings against legal entities and sanctions, which may be imposed. One of the chapters is devoted to the detailed specification of crimes against the environment, which can be committed by legal entities. The conclusion of the whole thesis is devoted to the use of the new legislation in the area of environmental protection in practice and its comparison with the legislation in the Netherlands.
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Protection of environment in criminal law
Gříbková, Andrea ; Humlíčková, Petra (advisor) ; Stejskal, Vojtěch (referee)
The final thesis is focused on the environmental protection in the Czech republic in the field of criminal law. Chapters are concentrated on the explanation of the basic elements, relations and principles for better orientation in the issue of criminal law environmental protection (Chapter 2). It also analyzes the evolution of the environmental protection in the Czech republic, in the European Union and on the international level in general (Chapter 3). The final thesis is mostly focused on the subject of the substantive criminal law (Chapter 4). The elements of a crime are defined and analyzed. Furthermore the attention is directed towards a criminal liability and sanctions in case of a violation of the environmental protection rules covered by criminal law justice. In its final chapter, the thesis concentrates on the procedural part of the criminal law (Chapter 5).
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Protection of the Environment through Criminal Law
Bejčková, Pavla ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Pekárek, Milan (referee)
The main goal of the thesis is to answer the question, whether the current Czech criminal legislation enables effective punishment of serious environmental offences and ensures the enforcement of rules on environmental protection in a more efficient way than administrative sanctions. Protection of the environment through the criminal law can be traced in the Czech Republic back to 1980s. However, criminal law has until now played only marginal role in the sanctioning of offences against the environment. Majority of environmental offences are prosecuted in administrative procedures. Since 1990s the international community and later also the EU have discussed the need to pursue a harmonised criminal policy aimed at the protection of the environment. In case of serious environmental violations criminal law penalties are perceived as a more effective and appropriate measure than administrative penalties. Despite the fact that most of the potentially harmful activities are strictly regulated by both EU and national environmental law, environment continues to be threatened by pollution and excessive exploitation and environmental rules are being breached. The most serious environmental crimes are related to waste management, trade in endangered fauna and flora species and discharge or emission of...
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Criminal liability in sports area
Šír, Roman ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
This thesis is dealing with the issue of a sportsman criminal liability in situations where he causes or attempts to cause injury and commits the offence against the health and life of a person. The thesis aims to describe and explain fundamental terms of the issue together with its the historical review, with regards to the autonomy of sport, the relationship of the sport rules with the legal rules of criminal law. The core part of the thesis devoted to the research of the issue with respect to relevant statutes, sport self governing rules, legal literature and judicial decisions. First part of the thesis is consisted of legal analysis on whether injury caused during sport can amount to criminal offence. Such legal analysis is conducted in a manner whereby the the individual ingredients of an offence are confronted with conduct of sportsmen. The author does not forget to apply circumstances excluding criminal liability in the field of sport injuries. The applicable circumstances are the consent of the injured, excusable risk, exercise of rights and permitted activity. The conditions for individial circumstances to apply are thoroughly analysed. These condition are confronted with the circumstances in sport`s field in light of sport injury. The thesis also deals with the theories of the criminal...
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Issues of criminal liability of legal entities
Pudilová, Anežka ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This thesis is dedicated to issues of criminal liability of legal entities. Act no. 418/2011 Sb., Act on Criminal Liability of Legal Persons and Proceedings Against Them (hereinafter as "the Act") came into force on January 1th , 2012. Adopting appropriate legislation Czech Republic not only met its international commitments, but also reacted to the fact that legal entities are becoming an instrument for committing serious types and forms of crime. The aim of this thesis is the analysis of the terms of criminal responsibility of the legal entities in context, taking into account strengths and weaknesses of the effective legal regulation. Studying the general issues of the offense responsibility of legal entities is the precondition for submitting integrated analyses of this specific section of the Act. This thesis is divided into three parts, which are formed by chapters, its sections and subsections. The first part is dedicated to the theoretical issues of criminal responsibility of legal entities among which are the conceptions of the offence responsibility of legal entities and arguments for and against introduction of criminal responsibility of legal entities. The second part of the thesis follows up the course to adoption of the Act, focuses on the object of the new statutory regulation, and on its...
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Criminal liability and sentencing of minors in the Czech Republic
Zíka, Tomáš ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
Resumé v anglickém jazyce (Abstract in English language) This thesis deals with still very topical theme criminal liability and punishment of juveniles in the Czech Republic and its aim is to comprehensive familiarize readers with this issue with reference to many other sources, from which we can in more detail study various aspects of this field, which is constantly developing according to the most recent knowledge of juridical science and statistics, but also according to scientific findings from many different non-legal fields, mainly from psychology and sociology. The first part analyses historical development of individual models of criminal liability and punishment of juveniles, which largely corresponds with the development of criminal law in Great Britain and in the USA. There are discussed historical reasons for changes of models, their advantages and disadvantages and last but not least, their potential application in the Czech Republic. Then the part focuses on historical development of youth criminal law in Czech countries, namely from the earliest times to the present, when the new and still effective Law on Juvenile Justice (Act No. 218/2003 Coll.) was enacted. In this historical analysis was mainly paid attention to the act from year 1931, which was the pattern for the contemporary legal...
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Guilt and responsibility in the context of criminal law : Discursive practices and strategies
Vávra, Martin ; Hájek, Martin (advisor) ; Přibáň, Jiří (referee) ; Válková, Helena (referee)
The thesis deals with the ways political and expert (especially legal and criminological) discourses formulate and reproduce the meanings, assumptions and definitions constructing the man as a subject of criminal law, a subject responsible for his actions. It focuses on the ways the political domain (in particular, the lower and upper chambers of the Czech Parliament) and the scientific domain (in particular, legal science, criminology and psychiatry) form and formulate the opinions of "criminal law" and the ways these opinions are reflected in meanings embodied in criminal law itself. Methodologically, the thesis builds on critical discourse analysis. Put in plain language, what makes discourse significant is the oppression it brings upon us by defining what can be said about the world and how one can meaningfully act in it. Thus, it is not (only) a reflection of another, more real reality and it cannot be fully reduced to some other social phenomena. Therefore, by investigating discourse, one can identify the assumptions social actors build on and the argumentative frameworks they apply in discourse. The theory section formulates premises for the subsequent analysis of specific topics related to the formulation of "criminal" guilt and responsibility. After a short review of sociological approaches...
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