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Sanctioning of legal persons
Kratochvílová, Kateřina ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Sanctioning of legal persons Abstract This thesis focuses on criminal responsibility of legal persons, with an emphasis on sanctioning. The thesis examines the Act No. 418/2011 Coll., On Criminal Liability of Legal Persons and the Proceedings against them (hereinafter as "the Act"). Further it evaluates how is the Act applied by the courts and what are the problems resulting from the application of the Act, with focus on sanctioning. The thesis further proposes ideas for improvements, including changes in legislation de lege ferenda. The diploma thesis consists of three parts. In the first part the author addresses the basic concepts of criminal responsibility of legal persons, its roots in foreign and international law, and the development of the concept in the Czech Republic. This part further describes the basic institutes of corporate criminal liability, including imputability of criminal act to the legal person, followed by explanation of the concept of exculpation and related case law. Part Two focuses on sanctioning of legal persons from the theoretical perspective. It addresses the basic institutes of sanctioning of legal persons, the purpose and the principles of sanctioning, followed by the analysis of each sanction included in the Czech Act on Criminal Liability of Legal Persons and the...
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Formal Burden of Proof of Public Prosecutor in Criminal Proceedings
Pudilová, Anežka ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee) ; Kalvodová, Věra (referee)
The legal concept of formal burden of proof of public prosecutor has been discussed for more than 17 years of legislative work on the new Criminal Procedure Code and an increased attention was also paid to it before by the legal science, at the same time with the enforcement of adversary elements of court proceedings. The legal concept in question was established and developed as part of the Anglo-Saxon type of criminal proceedings where trial is based on a dispute between the parties. This involves the exclusive procedural responsibility of public prosecutor to clarify the facts relevant to the indictment filed. Although it is possible to give a brief description of the legal concept in question in a single sentence, its enactment would affect the overall nature of the proceedings before the court and would also be reflected in other stages of the criminal proceedings. The aim of the dissertation was to analyse the prerequisites and consequences of the enactment of the formal burden of proof of public prosecutor in the Czech criminal proceedings. Given the origin of the legal concept, the crucial question was whether its adoption would necessarily constitute a total departure from the legal principles which the existing Criminal Procedure Code is based on or whether it is possible and appropriate...
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Criminal and criminological aspects of the crime - murder
Skutková, Nikola ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Criminal a criminological aspects of the crime - murder Abstract This thesis deals with the crime of murder from the legal and criminological point of view, which implies a systematic work. The first part of the thesis, dealing with criminal law aspects, describes the previous legislation, but the emphasis is put on the current regulation, its division of the facts according to the circumstances of the offender's conduct. Other crimes directed against human life are briefly presented for completeness of the interpretation of crimes against life. In connection with this comparison, I have given more attention to the issue of euthanasia in the thesis, which is in many ways connected with the crime of murder in terms of current legislation and the development of insight into this issue is very interesting in the Czech Republic and other EU countries. The topic of the thesis is criminal and criminological aspects, so in the first part of the thesis I focused on individual aspects of the crime of murder in terms of its conceptual features, ie object, subject, objective side and subjective side and forms of crime in terms of developmental stages and criminal cooperation. Other circumstances that affect the assessment of the offender's conduct are related to the crime of murder, and the legal classification of the...
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Criminal and Criminological Aspects of the Rape Crime
Koukalová, Tereza ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Criminal and Criminological Aspects of the Rape Crime Abstract This master thesis deals with the crime of rape within the meaning of Section 185 Act No. 40/2009 Coll., the Criminal Code. The thesis analyses the criminal as well as criminological aspects of this crime and is therefore divided into two parts. The aim of the author of this master thesis was not to give a complete and all-inclusive interpretation of the crime of rape, but rather to give the reader a comprehensive understanding of the problem of this crime in a way that would as well as an informed reader allow so people without a deeper knowledge of this area of criminal law. The first part of the thesis is devoted to the criminal aspects of the crime of rape and deals with the historical development of this crime from the very beginning of civilized society and its influence on the contemporary legislation. The chapter dealing with the current regulation of the crime of rape then discusses its basic features, the aggravating circumstances and the developmental stages. Subsequently, the thesis deals with the issue of the crime of sexual coercion and the crime of sexual abuse and their similarities to the crime of rape, as well as significant differences between them. The second part of the thesis is devoted to the criminological aspects of the...
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Contentious issues of necessary defence in judicial practise
Králová, Jana ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Contentious issues of necessary defence in judicial practice Abstract This thesis discusses necessary defence and its contentious issues which appear in judicial practice of Czech courts. It is one of the conditions precluding illegality stated in the section 29 of the Penal Code. Which means that a criminal offence is not committed if legal requirements for conduct in necessary defence are fulfilled. These requirements are that the defence should avert an impending or progressing attack to an interest protected by the Penal Code as well as not to be obviously grossly disproportionate to a manner of an attack. Necessary defence is an important institute of criminal law because it may affect everyone, and for this reason it has often appeared in the media and some cases even provokes social discussion on its legal regulation. The goal of this thesis is to analyse contentious issues appearing in court decisions such as possibility and manner of usage of a weapon or automatic defensive device, evaluation of motive to an act in necessary defence, comparison of protected interests, for example protection of life and health against protection of property or domestic freedom, consideration of an existence and a term of attack and related apparent necessary defence, the difference between mutual assault and...
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The position of the public prosecutor in the preparatory criminal proceeding
Tykalová, Štěpánka ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
1 The position of the public prosecutor in the preparatory criminal proceeding The submitted rigorous thesis contains an analysis of competencies of the public prosecutor within the execution of the supervision over maintaining the legality in the preparatory criminal proceeding in accordance with the current legislation specified in the Criminal Procedure Code. The preparatory criminal proceeding is the first, pre-trial, stage of criminal proceeding. The objective of this stage is to reinsure that the suspicion of the commitment of a crime by a certain person is sufficiently sustained and that the evidence proving the guilt of the accused person has been obtained in order to file an indictment or agreement on the guilt to court. The position of the public prosecutor in the preparatory criminal proceeding is crucial, because it is he, who bears the full responsibility for results of this criminal stage. Active performance on the supervision of the preparatory proceeding by the public prosecutor ensures that the police authorities act in accordance with the Criminal Procedure Code, follow the basic principles of criminal procedure and that the fundamental rights of suspects are protected in order to avoid excess of the police. The thesis consists of four parts. In the first part I describe the concept of the...
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The concept and legal consequences of the transgression of the limits of self-defense and necessity
Končický, Ivan ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The concept and legal consequences of the transgression of the limits of self- defense and necessity The subject of this thesis is the concept and legal consequences of the transgression of the limits of self-defense and necessity. The aim of the thesis is to analyze legal regulation of necessity, self-defense and legal consequences of the transgression of their limits by the academic literature and case-law and on that basis answer the questions outlined in the introduction of this thesis. During that the thesis pays most attention to questionable or interesting issues of this topic. The previous conclusions in connection with knowledge from foreign legislation are the basis for de lege ferenda considerations. In addition to the traditional de lege ferenda considerations the thesis also attempts to address new topics that may affect these institutes in the future. The topic of the thesis is described in four chapters. Necessity and self-defense belong to the circumstances excluding unlawfulness therefore the first chapter of this thesis which is an introduction to the whole issue deals generally with circumstances excluding unlawfulness and their position in our legal environment. The second and third chapter deal with the institutes of necessity, self-defense. Transgression of the limits of...
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Extraordinary Appeal
Střesková, Markéta ; Šámal, Pavel (advisor) ; Bohuslav, Lukáš (referee)
1 Extraordinary appeal Abstract In my master's thesis I deal with one of the extraordinary remedial measures in criminal proceedings. The extraordinary appeal, along with the complaint against the violation of the law and the retrial, is a formalized extraordinary remedial measure. It can be used only to contest decisions of the court in the second instance if decided on its merits and permitted by law. It was introduced into the Czech legal system particularly to grant equal rights to both parties, when the accused himself may file an extraordinary appeal in the Supreme Court through his defence counsel. The aim of the thesis is to provide the reader with a comprehensive analysis of individual provisions of the Code of Criminal Procedure dealing with the extraordinary appeal in relation to case law of the Supreme Court and the Constitutional Court of the Czech Republic and professional literature, focusing on problematic aspects of the extraordinary appeal in criminal proceedings. The thesis is based mainly on professional literature and case law and uses descriptively-analytical and comparative writing method. The thesis consists of introduction and ten chapters, which are further divided into subchapters and conclusion. The first chapter deals with the concept of the extraordinary appeal, it is an...
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Criminal liability in health care
Lepáček, Marek ; Bohuslav, Lukáš (advisor) ; Šelleng, Dalibor (referee)
1 Criminal liability in health care (abstract in English) The purpose of this rigorous thesis is to point out the criminal liability of health services providers, particular for doctors as individuals as well as for hospitals as legal entities. This thesis is divided into four chapters and, moreover, the integral part of it is also one attachment. The first chapter defines the basic legal terms in health care, such as informed consent, informed disagreement, the lege artis procedure, medical documentation and confidentiality. These institutions appear in health care mostly and their detailed definition will help the reader to better understand the goal of this work. Due to the fact that this thesis is aimed to criminal liability, the particular legal terms are defined especially in criminal matters too. The second chapter entitled as Criminal offences in health care hides in itself the individual crimes that a doctor may commit during the performance of his profession, both intentionally and negligently. In this chapter, not all crimes are defined, but especially those that occur to be most frequently in health care, eventually those which appear to be the most interesting in relation with the health care. Due to the fact that there is also the relevant case law in connection with some of the crimes, for...
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Criminal Liability of Legal Entities
Šťastný, Petr ; Musil, Jan (advisor) ; Bohuslav, Lukáš (referee) ; Kuchta, Josef (referee)
CRIMINAL LIABILITY OF LEGAL ENTITIES Abstract Although it has been more than seven years since the adoption of Act No. 418/2011 Coll., on the criminal liability of legal entities and proceedings against them, by criminal liability of legal entities which the Czech legislators introduced, it remains a controversial issue. Thus the aim of this thesis is not only to analyse this legislation and provide a comprehensive and clear interpretation, including a critical evaluation of selected institutes, but also to introduce the process leading to its adoption, including a comparison of the arguments in favour of adopting such a decision with the arguments presented by the opponents of the criminal liability of legal entities. An equally important aim of the thesis is an analytical evaluation of application knowledge and the presentation of potential de lege ferenda proposals. However, such considerations require a sufficient command of terminology, as well as of the basic principles of criminal law, which is the content of Chapter One of the thesis. Chapter Two is dedicated to the fundamental change in the concept of legal entities brought about by the new Civil Code, which leans towards the theory of fiction, thereby causing considerable tension. On a global scale, the institute of the liability of legal entities...
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