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Criminal liability of legal entities and possibility of their exculpation through compliance programmes
Doležal, Michal ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This master's thesis focuses on the topic of criminal liability of legal entities, particularly on the concept of exculpation within the meaning of Section 8 subsection 1 paragraph b) and subsection 5 of the Act No. 418/2011 Coll., Act on Criminal Liability of Legal Entities and Proceeding Against Them. The reason for our focus rests in fact that the legal rules regulating the concept of exculpation in this act are highly controversial among legal scholars and legal practitioners where there is usually no relevant case law providing answers for resolving such controversies so far. The aim of this thesis is to introduce to the domestic law a not very familiar instrument of a compliance program consisting of preventive, detective and reactive measures designed to prevent criminal behaviour within legal entities, to eventually detect such behaviour and to respond to such behaviour. Concurrently, an effective compliance program can fulfil conditions for the application of the exculpation provisions. Even though the focus of this thesis is on criminal liability of legal entities, it does not omit the context of administrative and civil liability. The thesis is divided into four chapters. The first chapter introduces the concept of criminal liability of legal entities in a broader historic, legal and...
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Criminal liability of entrepreneurs related to their business activity
HODKOVÁ, Kateřina
This diploma thesis concerns the theme of criminal liability of entrepreneurs relation to their business activity. It is focused on the criminal liability only in the Czech Republic. The first chapters descripe the criminal liability of natural persons, the criminal liability of legal entities, the comparison of the criminal liabilities of the two types of subjects and the analysis of selected criminal offences. The second part of this diploma thesis is focused on the analysis of selected case-law. Propositions de lege ferenda are included in this diploma thesis.
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Criminological factors related to crime of legal entities
Freimannová, Anna ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
This thesis analyses criminological factors related to crime of legal entities. Criminal liability of legal entities has not been a subject of such extensive research as criminal liability of natural persons, let alone criminology of crime of legal entities - the origins of this field first appeared in the first half of 20th century, when the criminologist E. H. Sutherland introduced and described a white-collar crime phenomenon. Crime of legal entities is an up-to-date issue, being a phenomenon of a considerable danger and it is desirable to make it a subject of a comprehensive research in order to find the most suitable prevention or an adequate reaction to that crime. Understanding criminological factors related to crime of legal entities can help to prepare matching provisions which can serve as an efficient tool for prevention of and response to this type of crime. This thesis is divided into four chapters. The first one addresses the crime of legal entities in general - it describes the historical evolution of crime of legal entities in the Anglo-American judicial system and its variations in the continental judicial system. After that is presented the history of legal regulation in Czech Republic and its current state. The second chapter discusses the criminological factors related to crime...
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Issues of criminal liability of legal entities
Adamíra, Jiří ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
1 Abstract Issues of Criminal Liability of Legal Entities The aim of the thesis is to analyse and evaluate the current legal regulation of criminal liability of legal entities regarding the most problematic institutions of law contained in the Act No. 418/2011 Coll., on Criminal Liability of Legal Entities and Proceedings against Them, which came into effect on 1 January 2012. The subject of the thesis is current and still developing, based on the increasing amount of convicted legal entities. The regulation is affected by numerous amendments. Despite the lawmaker's effort, the act contains many problematic provisions criticized by experts. Therefore, new amendments can be expected in the near future. The thesis is composed of five chapters. Chapter One deals with the general issues regarding the criminal liability of legal entities, its progress in the Czech Republic, the process of passing the Act on Criminal Liability of Legal Entities and the arguments in favour of and against the enactment of the regulation. Chapter Two focuses on the substantive criminal law incorporated in the Act on Criminal Liability of Legal Entities and examines institutions of law contained in the aforementioned act, mainly its problematic parts. Chapter Three concentrates on sanctioning of legal entities, because the Act on...
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Issues of criminal liability of legal entities
Šťastný, Jakub ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The topic of this Master's thesis is the analysis of criminal liability of legal entities in the Czech republic that is contained in the Act no. 418/2011 Sb., on Criminal Liability of Legal Entities and Procedure against them, which was adopted on 22. 12. 2011. It is a topical isuue, which still contains a lot of unanswered questions. The aim of the thesis is to familiarize the reader with this new institute in the Czech legal system, with which there are not many practical experiences yet. Taking into account the extent of the thesis, it does not include a comprehensive analysis, but it focuces on key issues in the legal regulation. The work is also dedicated to the regulation of this institute in the Spanish legal system. The thesis is divided into three chapters. The first chapter deals with general issues that are related to the criminal liability of legal entities. It presents the historic development, models of liability of legal entities for offences, international regulation, corporate criminal liability in the Common law system and the reasons for and against introducing criminal liability of legal entities into legal system. The second chapter is devoted to the analysis of current legislation criminal liability of legal entities in the Czech Republic. It is focused on the nature of the...
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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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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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