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Criminal Liability of Legal Persons
Hainz, Filip ; Jelínek, Jiří (advisor) ; Heranová, Simona (referee)
Title of the Diploma Thesis: Criminal Liability of Legal Persons Abstract: Through this diploma thesis, the author presents a comprehensive summary of the phenomenon of criminal liability of legal persons, to the individual contexts of which presents his considerations. He discusses this phenomenon from many points of view, which correspond to the structure of his diploma thesis, as it forms its individual parts. These aspects are the legal theoretical background of this issue; the historical development of the phenomenon, including common law and civil law culture; legislative developments in the Czech Republic; positivist analysis of the applicable substantive legislation contained in Act No. 418/2011 Coll., On Criminal Liability of Legal Entities and Proceedings against them; a comparative analysis of the substantive legislation of the Czech and Slovak Republic and the subsequent summarization of the application of this new form of liability in the practice of the Czech courts. The stated goal of this diploma thesis is a comprehensive acquaintance with relevant aspects of this phenomenon, whereas focus of this diploma thesis is, in addition to the analysis of the valid substantive legislation of the Czech Republic in this area, especially on the above-mentioned comparative analysis of this legislation...
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Protection of the Injured Party in Criminal Proceedings
Medová, Lucie ; Jelínek, Jiří (advisor) ; Heranová, Simona (referee)
Protection of the Injured Party in Criminal Proceedings The diploma thesis deals with the issue of the injured party and his protection in criminal proceedings. Its main goal is to analyze the position of the injured party in criminal proceedings and to analyze in more detail his selected rights, which in this proceeding serve to protect him. The partial goal of the thesis is to summarize the most important aspects of adhesion proceedings and draw attention to the shortcomings of the protection of the injured party in criminal proceedings de lege lata. To meet this goal, the core of the work is divided into three main parts. In the first chapter, the thesis deals with the injured party as a subject and a party to criminal proceedings, negative and positive definition of the term victim, categorization of this term, the issue of victim representation, the issue of victims according to Act No. 209/1997 Coll. and Act No. 45/2013 Coll. and categorization of the rights of the injured party. Since the aim of the thesis is not to exhaustively analyze all the rights of the injured party arising from the Criminal Procedure Code, only the selected rights are analyzed in more detail. This section presents examples of the recent extensions of the rights of the injured party. The next part of the diploma thesis...
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Crime of Evasion of Alimony Payments under s. 196 of the Criminal Code
Cinková, Barbora ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
The presented Advanced Master's thesis describes one of the most frequently committed criminal offences in the Czech Republic, specifically the criminal offence of neglecting the duty to maintain and support pursuant to Section 196 of the Criminal Code and, in general, the issue of parents' failure to comply with the duty to maintain and support their children; this thesis aims to provide a comprehensive description of this topic. The thesis is divided into seven chapters supplemented by an introduction and a conclusion. Chapter one focuses on the historical roots of this criminal offence, as the punishability of non-compliance with the duty to maintain and support has a long tradition in this country. Subsequently, chapter two outlines the basic characteristics of this criminal offence and provides a detailed analysis of the individual elements of two basic merits under Section 196 (1) and (2) of the Criminal Code, as well as of the qualified merits with respect to these two basic merits. In view of the blanket nature of the merits of neglecting the duty to maintain and support, chapter three hereof describes the private-law regulation of the duty to maintain and support. Chapter four analyses the most common reasons and motives for non-compliance with the duty to maintain and support, as well as...
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Expert evidence in criminal proceedings
Šimková, Radka ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
1 Expert evidence in criminal proceedings Abstract Rigorosum thesis addresses expert evidence in criminal proceedings. For more than a century, experts are being taken on the criminal proceedings to clarify technical facts to law enforcement or judicial authorities or to explain how the factual circumstances related to criminal acts took place. Their involvement into criminal proceedings helps discover the objective truth about past act and following conviction of perpetrator. Examination of experts is being secured by law enforcement and judicial authorities, but this option is also given to the defendant. The aim of the author was to comprehensively evaluate crucial institutes of expert and criminal law in the process of taking of evidence. Expert report, technical advice and experts' subjects - experts and expert institutions are elaborately described. Author analyses expert report as an evidence starting from the securing of tracks at the place of the offense, taking on an expert, their legal possibilities during processing of the expert record up till its evaluation. Author reflects historical development of expert evidence in criminal proceedings in the territory of the Czech Republic and its predecessors and also the development of expert institutions of Police of the Czech Republic, such as Forensic...
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Criminal Order
Novák, Petr ; Jelínek, Jiří (advisor) ; Nett, Alexander (referee) ; Bruna, Eduard (referee)
1 Criminal Order Abstract The topic of this thesis is a criminal order as an institute of criminal procedural law and at the same time as a kind of decision in criminal proceedings. The first part of the thesis states a detailed description of the recent legal regulation of a criminal order, a systematic classification of a criminal order in the Criminal Procedure Code, the relationship between a criminal order and other provisions of Chapter Twenty of the Criminal Procedure Code is analyzed. The first part also describes positive and negative conditions for issuing a criminal order, describes the punishments that can be imposed by a criminal order, the execution of a criminal order, the delivery of a criminal order, the substantive and procedural effects of serving a criminal order. Subsequently, a protest against a criminal order is described as a remedy sui generis and the effects of a filed protest. The first part also describes the legal force and enforceability of a criminal order and a main trial holding after filing a protest by a person entitled within the deadline. Subsequently, attention is paid to the procedural position of the injured party in proceedings for issuing a criminal order, issuing a criminal order in proceedings against legal persons and the legal regulation of a criminal order in...
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Penal order in Czech-Slovak comparison
Štefánik, Ondrej ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
Penal order in Czech-Slovak comparison The presented thesis deals with the Czech and Slovak legal regulation of the institute of penal order as a decision as to the merits of the case in criminal matters, which can be ruled under the prescribed legal conditions in written procedure. Such decision can be ruled only on the basis of information gathered in the file and without the taking of evidence in a proper trial. The work is divided into five main chapters in order to maintain clarity and logical structure. The first chapter deals with general considerations of a penal order as a diversion and a decision in criminal proceedings. The second chapter is devoted to the constitutional law issues of conformity of the criminal order with the right to a fair trial, the right to a public hearing, the principle of the presumption of innocence and the right to defense. The third chapter presents the historical excursion into the development of the legal regulation of the penal order in the Czech Republic, respectively in the former Czechoslovakia. It deals with pre-war, socialist and post-November legislation. The fourth chapter describes and evaluates the current Czech legal regulation of the penal order and the fifth chapter compares it with the Slovak legislation. Both chapters deal with the general...
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Criminal liability of Corporations
Felix, Adam ; Jelínek, Jiří (advisor) ; Fenyk, Jaroslav (referee) ; Bohuslav, Lukáš (referee)
Criminal liability of Corporations Abstract Criminal liability of corporations is still a current topic of Czech legal theory and practice. In order to properly grasp this new institute within the Czech legal system, it is necessary to understand the very nature and basics of legal entities, their formation and further existence. Historically, legal entities have been perceived differently and a relatively complex legal-philosophical path has led to the inference of any liability for wrongdoings or torts. Although the criminal liability of corporations is not unknown to continental law, its decline during the 18th and 19th centuries has led to the disappearance of the legal continuity. That is why it may seem today that the introduction of direct criminal liability of corporations is something completely new and absolutely unknown to countries of continental legal tradition. In this work, the author presents a number of historical arguments as to why this is not the case and demonstrates that this institute was known throughout the legal systems throughout Europe. For a better understanding of the whole issue, the interpretation is guided from the very philosophical and legal-historical foundations of corporate theories, through their later development and finally to application by recent law. The core of...
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Sanctioning of legal entities
Gvozdek, Filip ; Jelínek, Jiří (advisor) ; Bohuslav, Lukáš (referee) ; Fenyk, Jaroslav (referee)
Abstraktv anglickém jazyce The subject matter and aim of this thesis is to analyse the positive criminal law regulation of sanctioning of legal entities in the light of the Act No. 418/2011 Coll., Act on Criminal Liability of Legal Entities and Proceedings Against Them (hereinafter as "the Act"), its critical assessment and possible de lege ferenda suggestions. As a result, this thesis can be perceived as a comprehensive assessment of issues related to sanctioning of legal entities in the Czech Republic. The dissertation thesis is divided into eleven parts. The first part takes into account the international legal aspects of corporate liability, the concept of criminal liability of legal entities, arguments for and against the adoption of the Act and the legislative process leading to the adoption of the Act. Issues related to sanctioning of legal entities are dealt with in parts 2 to 11, which at the beginning discuss the basic terms of sanctioning, then analyse individual punishments and protective measures which can be imposed on legal entities, then also analyse abandonment of punishment, enforcement of punishments and effacement of conviction. Particularly interesting is the eighth part, which in addition to the treatise on the Criminal Register contains statistical overviews of the current application...
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The biological criterion of insanity and the issue of criminal liability of the offender
Hubáčková, Dominika ; Jelínek, Jiří (advisor) ; Tejnská, Katarína (referee)
1 Summary The presented thesis deals with mental disorders and their meaning in criminal law in general, not only from the law point of view, but even from the point of view of the psychiatry. It also deals with the insanity emphasized the biological criterion of insanity. It discusses in detail the legislation of the Czech republic and also the legislation in global. The definition of insanity doesn't exist in legislative, but the judicature and law theory work with the concept of two criterions of insanity - the biological and the juristic. The biological criterion of insanity means the mental disorder. Professionals use the International classification of diseases MKN - 10th revision as the correct explanation of the mental disorders. This classification system is neccessary for the determination of the right diagnosis. The classification consist of the scale from F0 to F99. There are groups of specific mental disorders like mental, behavioural and mood disorders (affective disorders) etc. The forensic importance of some mental disorders is higher than the others, therefore I mention only the some of them. In the description of the specific mental disorder are also used real cases. To determine the sanity of the offenders are used the certificated experts. Education, research, preventive treatment and...
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Selected issues of the Criminal Liability of Legal Entities in the Czech Republic
Kalousová, Simona ; Jelínek, Jiří (advisor) ; Tejnská, Katarína (referee)
The aim of the present thesis was to determine the problems of the current legislation of the criminal liability of legal persons and to consider whether it is possible to adopt the legislation as it is applied in England and Wales and use it into the legal order of the Czech Republic in compliance with the development of Czech legislation and England and Wales. Due to the extensiveness of the issue, only certain problematic parts of the legal order of the criminal liability of legal persons in the Czech Republic were selected. Attention was focused on the questionable parts selected only from the substantive part of the law. The approach to criminal liability of legal persons is diverse in the Anglo-American system. Variation can be seen at the level of individual states belonging to the system and at the federal and state levels. The first part of the thesis summarizes the development of the legal liability of legal persons in England and Wales, which were selected as the representatives of the Anglo-American system of legal culture. These countries were chosen because of the author's personal experience, which was gained during studies abroad, specifically in the United Kingdom. The first selected problem is the personal scope of the law, which is problematic due to the large range of persons to...
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