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Criminal aspects of sport
Měchura, Marek ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
Master's degree thesis: Criminal aspects in sport SUMMARY The purpose of my thesis is to analyse relationship between sport and Penal Law, especially criminal aspects in sport such as causing injury to another person in sports and bribery in sports. The thesis is composed of six chapters, each of them dealing with different issues. Chapter One concentrates on historical connexion in ancient Greece and Rome. There is a big difference between current sport and sport in that ages, so the opinion of Platon or Solon in this area are really interesting. The chapter Two is subdivided into three parts. Part One describes position of sport in legal order and explains relationship between sport and Penal Law. Part Two deals with specific definition of relation between legal rules and sports rules. Part Three explains the function of sports rules for the purpose of Penal Law. Chapter Three examines criminal lability of sportsmen for causing injury. The chapter consists of four parts. Part One focuses on theories in this area, unfortunately none of them is not global. Part Two describes the legal solutions in Cuba and Ecuador. These state have special legal regulation . Part Three tackles the issue of formal element of crime in sports injury and part four explains which sports misconducts could be classified as crime....
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Criminal Liability of Physicians in Gynecology and Obstetrics
Kociánová, Natálie ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Thesis title: CRIMINAL LIABILITY OF PHYSICIANS IN GYNECOLOGY AND OBSTETRICS The purpose of my diploma thesis is to analyse the issue of criminal liability of physicians, especially physicians in Gynecology and Obstetrics. The thesis is divided into five main chapters and many subchapters. The first chapter serves as an introduction to the legal liability in general. I mention the categories of liability- civil and labour liability are just noticed in this task, while administrative and disciplinary liability are discussed and defined. The aim is to compare these liability in healthcare and emphasize the ultima ratio principle of criminal liability. Chapter Two defines relevant concepts of medical law. This chapter deals with the concept of acting lege artis, acting non lege artis, informed consent of patient and advance directives. These concepts are demonstrated on examples from practice and related jurisprudence. I also define the specilization of Gynecology and Obstetrics and its legislation. The third chapter explains basic terms and concepts connected with criminal liability and define the necessary conditions and circumstances for physicians to commit a crime. The second section of this chapter focuses on circumstances under which some normally unlawful acting might not be considered illegal....
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Criminal liability of legal persons
Jirouš, Vlastimil ; Žák, Květoslav (advisor) ; Spirit, Michal (referee)
The author of this thesis deals with the criminal liability of legal persons. Compares the concept of criminal liability of legal persons established in 2012 in the Czech Republic with foreign laws. It deals with the arguments of supporters and opponents of implementation, as compared to criminal and administrative sanctions of legal persons. The author critically assesses the reasons which led to the adoption of the law on criminal liability of legal persons and proceedings against them. There is also a description of the problematic provisions of this Act. The main attention is devoted to analyzing the impact of the introduction of criminal liability of legal persons for the functioning of individual legal entities.
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The liability and the guarantee for the acting of enterpreneurs
TVRDÍKOVÁ, Šárka
The aim of this thesis is to give an interpretation on the responsibility and liability of the statutory bodies of the company, as the statutory body presents a series of rights and obligations, the omission or improper performance can have on society and individuals far-reaching consequences. The thesis contains an analysis of the Act No. 418/2011 Coll. the criminal liability of legal persons and proceedings against them, defining the type of criminal liability of legal persons in Europe and comparison of Czech and Slovak legislation. At the conclusion are included proposals de lege designed law relating to the provisions of Act No. 418/2011 Coll.
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Criminal liability for breaching Competition Law
Najmanová, Nikola ; Boháček, Martin (advisor) ; Vozáb, Jakub (referee)
The aim of this paper is to analyze criminal liability for breaching competition law. The main part of this thesis is dedicated to criminalization of cartels in the Czech Republic analysis which uses comparison to other jurisdictions such as USA and EU because it is trying to answer the question whether criminalization of uncompetitive conduct in the Czech Republic has a potential to become an efficient mechanism for fighting cartels in particular. And this criminalization has a positive effect on other competition law enforcement systems. The first chapter is dedicated to the explanation of basic terms related to the competition and competition law. Second chapter explains what cartel agreements are and what types of public and private enforcement exists to fight them. Also it points out to the trend of cartel criminalization. Third chapter analyzes cartel enforcement in USA as a model country in this area of law. Chapter number four looks into the EU legislation since it applies to the Czech Republic. Also it looks at individual member states steps towards fighting cartels. The last chapter dealing with cartel agreement analyzes the Czech Republic's legislation. This analysis is supported by previously acquired knowledge of US and EU legislations which is used to make comparisons. Final chapter continues with the analysis of Czech legislation however this time with unfair competition in order to provide a complete picture of criminal liability when breaching the competition law.
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Criminal liability of legal entities - from the bill to the forceable enactment
Stachová, Monika ; Kuba, Jaroslav (advisor) ; Horký, Bohuslav (referee)
The Act on criminal liability of legal entities and proceedings against them became effective on 1 January 2012. Although it is a highly controversial law disrupting the established criminal law principles, the Czech Republic was one of the few European Union member states whose laws did not embed criminal liability of legal entities in its laws. An effort concerning solving this problem appeared as far back as 2004, the Chamber of Deputies, however, rejected the original bill. Perhaps due to the international pressure or due to the increase in crimes committed by legal entities, in 2011, the second bill was already approved. This thesis deals with the arguments and process of discourse, from which emerged the valid enactment, as well as an explanation of some of the principal provisions of the Act and also the international scheme of criminal liability of legal entities. It is difficult to anticipate the specific impact of the Act due to its short effect and therefore the thesis on criminal liability of legal entities is more of a theoretical than practical.
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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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The Leniency programme in cartel law and its consequences in practice
Kolářová, Tereza ; Boháček, Martin (advisor) ; Vozáb, Jakub (referee)
The final thesis deals with the Leniency programme, as one of the most important instrument of the Office for the Protection of Competition and the European Commission for detecting of cartel agreements. The aim of the thesis is to analyze regulation of the Leniency programme in the Czech Republic, from the practical point of view find out how participants of cartel agreements use the programme and whether it is effective from the view of the Office for the Protection of Competition. The thesis should also involve formation and development of the programme and how it is influenced by European law. The thesis is divided into 4 parts. The first part deals with cartel agreements. The second part focuses on cartel law enforcement which is divided in term of law regulation into public and private enforcement. The third part is the core of the theoretical part of the thesis, it presents in detail the regulation of the Leniency programme within the European Union and in the Czech Republic, there are problems of the program and their possible solutions outlined as well. The fourth part concerns the practical point of view of the Leniency programme, its harmonization among the member states of the European Union and its application in the Czech Republic in decisions of the Office for the Protection of Competition.
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