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Economical aspects of criminal sanction of legal persons
FUČÍKOVÁ, Adéla
This bachelor thesis deals with selected issues of corporate criminal liability. The emphasis is primarily put on the Czech legislation, mainly on Act No. 418/ 2011 Coll., on Criminal Liability of Legal Entities and their Prosecution. The aim of this bachelor is to find out which criminal action is committed the most and how the penalties from Act No. 418/2011 affects the economy of companies. The bachelor is divided into two parts. The first part includes a description of the legal person, then general issues related to the concept of criminal liability of legal entities, including its historical development, and last chapter is the scope of the Act No. 418/2011 Coll., in particular it examines the extent of criminalization of legal persons and the characteristics of the entities that are subjected to the corporate criminal liability. The second part is focused on the analysis of criminal actions into categories and a position of the Czech Republic in the world.
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Economic crime and its prevention
Trešlová, Johana ; Zoubková, Ivana (advisor) ; Marešová, Alena (referee)
The main purpose of this thesis is to define the term "economic criminality" and the terms related; the role of economic crime within the legal doctrine itself as well as in the Czech legal system over the course of time; determining the specifics of economic crime while stressing the role of the offender, efficiency of punishment, control and prevention of this type of crime. This thesis consists of four chapters. The first part is dedicated to the definition of crucial terms on the national and international level. I also described the legislative evolution of economic crime and the protection of possession in the Czech legal system. I listed economic crimes de lege lata, while at the same time remembering the crimes that do not fall under the economic crimes section per se. Later on, I comment on some particular attributes of economic criminality with special focus on the profile of the perpetrator which is rather atypical. This fact unfortunately makes the efforts of the law enforcement authorities so much more difficult and it complicates their work especially towards construction of the adequate preventive measures etc. I also dedicate one section to the topic of corporate criminal liability which has a strong connection to the economic crime. The victims of economic crime find themselves in...
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Criminal liability of legal persons in the environmental protection
Süssmilchová, Nela ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee)
This thesis is concerned with the topic of corporate criminal liability in the environmental contexts. The main purpose of the text is to describe possible ways for application of this phenomenon for the purposes of the environmental protection in practice and to evaluate its functioning so far. The first two chapters of the thesis focus on a general introduction to the topic of liability for environmental offences, and the background process for introducing corporate criminal liability into the Czech legal system, including the international incentives. The third chapter of the work aims to analyze some of the relevant sections of Act. No. 418/2011 Coll. and their capability to contribute to effective environmental protection. The importance of the fourth chapter lies in comparison of the advantages and drawbacks for using administrative or criminal liability for the purposes of sanctioning environmental offences. The analysis carried out in the first part of the thesis, leads to conclusions on the employment of corporate criminal liability in environmental law, and some of the possible recommendations for the enforcement authorities. Finally, there is a comparative chapter about the corporate criminal liability in England and Wales.
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Corporate criminal liability and its criminological aspects
Náhlovská, Lenka ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This thesis deals with the topic of corporate criminal liability and its criminological aspects. When adopting a law, it is necessary to examine its impact on the society as well as the individual. However, the Czech Act No. 148/2011 Sb. on Corporate Criminal Liability was adopted, above all, because of the pressure exerted by European law. That is possibly the reason why there has never been, until now, much focus on the criminological aspects of corporate crime or the prevention of corporate crime. It follows that the elaboration of this kind of thesis is imperative. The first chapter of this thesis addresses the historical concept of white-collar criminality which was developed by one of the greatest criminologists of the 20th century - Edwin H. Sutherland. After exploring his work, and works of his followers, the author of this thesis aims to summarize the main characteristics of corporate criminality. In addition, the first chapter specifies the focus and the individual sections of this thesis. The second chapter is concerned with the etiology of corporate criminality, i.e. with the reasons why corporations commit crime at all. In this part of the thesis, the author analyses the data on corporate criminality collected abroad, nevertheless, the main focus is on the data coming from the Czech...
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