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Selected issues of criminal liability in health care
Houzar, Petr ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Selected issues of criminal liability in health care Abstract The work deals with selected issues of criminal liability in health care. In the introductory chapter it names some specifics of the relationship between health care and law. The second chapter presents selected, fundamental sources of medical law, which in addition to national legislation include selected international conventions and attention is paid to the role of court decisions in the Czech legal system. The same chapter defines some basic concepts that are important for the whole work and for its subject. The third chapter of this work can be considered as a theoretical basis of the subject of this work. The work deals mainly with the theoretical foundations of criminal liability and its origin, in connection with the specifics of criminal liability in health care and finally the specifics of criminal liability of legal entities. Furthermore, this chapter discusses other legal responsibilities that come into play in connection with the provision of health services - civil, administrative, labor and disciplinary liability. This chapter ends with a separate subchapter, which deals with the importance and role of expert opinion in assessing the emergence of legal liability in health care. The fourth chapter of this work is a practical part....
Sanctioning of legal persons
Bartoš, Jan ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
1 Sanctioning of legal persons Abstract Sanctioning of legal person is a topic that is more than relevant. Although the phenomena of criminal liability of legal person is not unknown to the continental Europe, rapid development can be seen in the second half of 20th century and in the beginning of the 21st century where most of European countries enacted laws regarding criminal liability of legal persons. The Czech Republic enacted the Act No. 418/2011 Coll. on the criminal liability of legal persons (hereinafter "ZTOPO"). This diploma thesis is divided into six parts. The first part is about criminal liability of legal persons in general. It provides a quick historical evaluation and analysis of the term criminal liability of legal persons itself, then it is focused on the ZTOPO. The second part is focused on compliance program with regard to its function, preferable content and relevant case law. The third and fourth part is the core of this diploma thesis. The third part solely focuses on sanctioning of legal entities under the ZTOPO. It separately describes every sanction that could be imposed under the law and focuses on the deficits of the legislation. The fourth part describes the criminal liability of legal persons in France, Germany and Austria and thus provides international comparison with the...
The crime of pimping under Section 189 of the Criminal Code
Imre, David ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
§ 189 zákona č. 40/2009 Sb. Trestní zákoník - pimping Abstrakt The diploma thesis is devoted to the crime of pimping under Section 189 of Act No. 40/2009 Coll. of the Criminal Code. The first part of the thesis defines the concept of prostitution, the reasons why prostitution is a sociopathological phenomenon and the different types of ways in which the legal systems react to prostitution. Subsequently, the historical development of the legal regulation of prostitution in the Czech Republic since the establishment of the Czechoslovak Republic is described. Then, the facts of the crime of pimping under the current legislation are analysed in detail, where the individual terms used in the basic facts of this crime and in its individual qualified facts are explained with the help of case law and doctrine. Furthermore, the possibilities of a single-act concurrence with other offences contained in the Criminal Code are discussed, namely with the offence of trafficking in human beings under Section 168 of the Criminal Code, the offence of rape under Section 185 of the Criminal Code, the offence of sexual coercion under Section 186 of the Criminal Code, the offence of enticement to sexual intercourse pursuant to Section 202 of the Criminal Code and the offence of endangering the upbringing of a child pursuant to...
The issue of synthetic drugs in Czech criminal law
Baloun, Ondřej ; Beranová, Andrea (advisor) ; Bohuslav, Lukáš (referee)
anglickém jazyce The inner functioning of human nervous system allows for changes in states of mind after a consumption of specific substances. It is well known that these changes have an impact on the health of a consumer, be it acute or chronic. The undesirable effects are multiplied, if the consumption grows in scale to a society-wide issue and is not properly addressed. Any health damage is followed by social effects that endanger the cohesion of a society. States reacted to this development by a wave of drug regulation, be it their consumption or distribution, through international and domestic legal instruments. This approach is at present time unable to tackle the problem of so called "synthetic drugs". Synthetic drugs are unregulated chemical analogs of illegal drugs. They offer to users' effects very similar to conventional drugs, only without legal barriers and at a fraction of a price. The dangers of synthetic drugs are twofold. Not only are they more accessible to users, but they are also exponentially more dangerous and unpredictable. Dozens of new substances appear in the European market without their effects on human body being studied previously. Czech Republic has tools with which it regulates new synthetic drugs. This process is however often at odds with constitutionally guaranteed...
Tolerable risk
Müller, Petr ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
1 Tolerable risk Abstract The theme of this diploma thesis is a tolerable risk (or allowable risk) as one of the circumstances excluding illegality in the Czech criminal law. The introductory chapter is devoted to the general principles of the circumstances excluding illegality, related institutes and to the ultima ratio principle meaning that criminal liability is a last resort. Furthermore, the individual circumstances excluding illegality and their mutual relations are examined, as we can observe similar or even identical building blocks between the circumstances definitions, which make them very similar to each other so that lay people are sometimes unable to distinguish them from one another. The following chapter deals with the tolerable risk itself - its history in Czechoslovakia and later Czechia until its explicit inclusion in the Criminal code from 2009, analysis of the current legal definition and details of individual elements that the Criminal code requires for undertaking a risk. It is also compared with foreign countries (Slovak and Polish) law, as these two states penal codes include similar articles about tolerable risk. Finally, the thesis deals with two specific fields of human activity which are frequently associated with tolerable risk - sport and health care. Pointed out are their...
The conceptandlegalconsequencesofthetransgressionofthelimitsofself-defenceand necessity
Jelínek, Tomáš ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The presented diploma thesis deals with the concepts of self-defence and necessity and their position as legal institutions within the framework of the Czech criminal law, as well as the consequences of the transgression of their limits as defined by the legislation. Both self-defence and necessity are categorised among the circumstances precluding lia- bility and share the essence of creating a legal scope under which the regular addressees of the legal norms are allowed to defend their own interests or interests of the society as a whole, provided that the interests in question are themselves protected by the legal system. Such defence is generally permissible in the situations of immediate unavailabi- lity of an intervention from the side of a public authority, or in the cases when such re- action would be severely delayed to the point of ineffectiveness. It is for this reason that the aforementioned legal institutions enable specific forms of behaviour which would be considered reprehensible, and thus sanctionable by law under the regular circumstances. The objective of this thesis is to first provide an analysis of the boundaries of le- gality of behaviour under self-defense and necessity according to the current state of the legislation both in the strict sense, i.e. by interpreting the...
The issue of cruelty and other inappropriate treatment of animals and their protection through criminal law
Průcha, David ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The issue of cruelty and other inappropriate treatment of animals and their protection through criminal law This thesis is focused on the protection of animals against cruelty and other inappropriate treatment, and its securing through criminal law within the legal order of the Czech Republic. The aim of this work was to evaluate the current level of legislation concerning animal cruelty in the sense that it is possible, especially in criminal law, but also in administrative law, to effectively detect, sanction and prevent its recurrence in the future. The aim of this thesis was also to evaluate the changes in the protection of animals against cruelty, which occurred with the adoption of Act no. 114/2020 Coll., amending Act no. 40/2009 Coll., Penal Code, as amended, and some other laws. The content of this thesis consists of a total of 10 chapters, which are further divided into subchapters. Defining the basic terms, outlining the development of legislation on animal protection and animal Welfare in the world and in the Czech Republic, and insight into supranational legislation in the field of animal protection, both at the international level and at the level of the Council of Europe and the European Union, is the content of the first four chapters, which are not crucial for the purposes of this...
Appeals in criminal proceedings
Staněk, David ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
APPELS IN CRIMINAL PROCEEDINGS ABSTRACT The goal of this Diploma thesis is to analyse the legal regulation of appeals in criminal proceedings and the issue of this regular remedial measure in general. Author's goal is to present readers with the historical genesis of the institution of appeal since early feudalism until the adoption of current Criminal Procedure Code, considering the most important amendments of this law, and to put the intrastate legal regulation into the context of international law and embedment of the right of appeal in criminal proceedings in international treatises. The author also aims to explain appeal as regular remedial measure together with other remedial measures in Criminal Procedure Code and to introduce basic and specific principles, that impact the legal regulation. In the main chapter the recent regulation of appeals in Criminal Procedure Code is critically analysed. The author further deals with the admissibility and effects of the appeal, by all parties that are legitimate to appeal, the time limit, place and means of filling it, while listing practical examples of abnegation of the right to appeal to a higher court and withdrawal of the appeal, content requirements and possible problems in practice, the operation of the court of first instance after appealing, and also...
The Impact of the State of Emergency on the Assessment of Crimes
Kozáková, Eliška ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The Impact of the State of Emergency on the Assessment of Crimes Abstract The thesis provides an insight into the issue of assessing crimes committed during states of emergency during the pandemic of the covid-19 disease in the years 2020 and 2021. The aim of the thesis was to find out how the state of emergency is reflected in the Criminal Code, to identify the problems caused by the pandemic of the covid-19 disease in this area, and to evaluate the legislation in terms of the identified problems and, if necessary, to put forward de lege ferenda proposals. The Criminal Code provides for a state of emergency in the provisions regulating basic bodies of three crimes, it also includes it among the generally aggravating circumstances and the state of emergency may also play a role in assessing the fulfilment of a circumstance triggering the application of a higher penalty rate for nine crimes. The thesis considers the definition of the above-mentioned circumstance triggering the application of a higher penalty rate for only nine crimes to be unsystematic and therefore proposes examples of other crimes where the circumstance should be included. States of emergency and the covid-19 pandemic have caused inconsistency in the courts' decision-making practice. The courts have disagreed on the necessary degree of...
Agreement on guilt and punishment
Skolil, Ondřej ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Agreement on guilt and punishment - Abstract The topic of this rigorous thesis is an institute of an agreement on guilt and punishment, which is one of the diversions in criminal proceedings that is regulated by our criminal law. Given that the institute of the agreement on guilt and punishment is conceptually subordinated to just mentioned concept of diversions in criminal proceedings, this thesis does not deal only with the institute of agreement on guilt and punishment, but also with all other diversions in criminal proceedings, which are regulated by our criminal law. The main usage goal of the institute of an agreement on guilt and punishment is to simplify and speed up the entire criminal proceedings, when thanks to a conclusion of an agreement on guilt and punishment, the entire criminal proceedings can come to a successful conclusion relatively quickly. This thesis is divided into three chapters. The first chapter deals with the concept of diversion in criminal proceedings, the principle of so-called restorative justice, as well as with all the individual diversions in criminal proceedings (with the exception of the institute of the agreement on guilt and punishment). Part of this chapter are also statistics, thanks to which the reader of this thesis can find out to what extent the diversion is used...

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