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Criminal proceedings against legal entities
Novotná, Eva ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This diploma thesis discusses the criminal proceedings against legal persons. The main idea of this diploma thesis is to describe single juridical institute of criminal procedure which is specific for proceedings against legal persons. For better understanding is necessary to find and understate all the sources of law. The primary authorities which will be used in the criminal proceedings are above all Act of Criminal Procedure against Legal Persons, Rules of Criminal Procedure and also Constitution of the Czech Republic and Charter of Fundamental Rights and Freedoms. It is also important to looking the sources at international level. Fundamental source is European Convention on Human Rights. The thesis deals with institutes of criminal law specific for legal entities, like imputability, a person committing a crime or enumeration of criminal acts for which can be affected legal entities. The main chapter contains analysis of each section from special part of Act of Criminal Procedure against Legal Persons. Subchapters discuss some of elemental principles in criminal proceedings as local jurisdiction in criminal proceedings and principle of joint trial of a criminal case, then provisional and protective measures, procedure for the cancellation, termination and conversion of the legal entity during...
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First experiences of Act No. 45/2013 about crime victims in practice of assistance providers
Kořínková, Ivana ; Válková, Helena (advisor) ; Hulmáková, Jana (referee)
(in English): The aim of the work was to describe the experience of the providers of assistance to victims of crime with the use of the law in their practice. The experience and the views of the providers were obtained in the form of a questionnaire survey. As a source of data for addressing service has been utilized to view all registered entities providing their services to the victims of the crimes on the web site of the Ministry of justice. The work was focused on the practical application of selected provisions of act no. 45/2013 Coll. and from its results revealed that providers in your practice are finding that the provisions relating to particularly vulnerable victims, are defined too narrowly. Also the communication between the provider and the police is not yet ideally set.
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Issues of criminal liability of legal entities
Hudáková, Jana ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
Hudáková, J. Criminal liability of legal persons Criminal liability of legal persons is a significant change to the continental European law. It is a sensible breakthrough into the core principle of an individual criminal responsibility of individuals. In connection with the adoption of Act No. 418/2011 Coll., on the criminal liability of legal persons and proceedings against them, the thesis deals with main aspects of the criminal liability of legal persons in the Czech Republic. After defining of legal grounds of the criminal responsibility author subsequently discusses sanctioning of legal persons. At the same time, the author discusses legal regulation of moral person criminal liability in France. She outlines the principles of criminal liability of legal persons, as well as the conditions for imposing sanctions. The author tries to demonstrate, by means of the attached statistical surveys, the numerous application of this institute in the French legal practice. Finally, the author tries to compare Czech and French legislation in selected aspects.
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Fraud and Special Fraud Offences
Procházková, Zuzana ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
I The crime of fraud and special kinds of fraud ABSTRACT When choosing a subject matter for my diploma thesis I focused on what might be useful even from the point of view of my future practice. In this context, fraud of all different kinds is something we can meet with on daily basis and that is the reason why I decided to study in detail and treat this particular phenomenon. The entire thesis has been divided by me into six chapters with each of them splitting further into sub-chapters. I wished to treat the subject matter in most comprehensive way and so the thesis contains both historical and descriptive aspects as well as methodological ones, with an emphasis on the use and interpretation applied by courts and specific institutions. Chapter One stands for an introduction into the subject matter seen from a historical perspective. The first sub-chapter summarizes re-codification works of penal law from 1989 up to the present time while the subsequent sub-chapters deal with the very term of criminal offence of fraud in respect of its evolution and major amendments. The essence of Chapter Two consists of an analysis of legal attributes of the criminal offence of fraud pursuant to Art. 209, Penal Code (Art. 250, former Penal Code). The individual sub-chapters present general characteristics, definition of...
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Role of accounting in cases of property and economic crimes in the Czech Republic
Procházka, Tomáš ; Molín, Jan (advisor) ; Králíček, Vladimír (referee)
Diploma thesis focuses on property and economic crimes in the Czech Republic. There are presented selected property and economic crimes which are associated with accounting and in where accounting plays a role. The first part of the thesis presents basic definitions related to crimes according to criminal law. There are introduced definitions as a criminal act, facts of the case, subjects of criminal proceedings and stages of criminal proceedings. The second part of the thesis deals with accounting and its application in an investigation process. This part emphasizes connection between accounting and evidence check. The third part is focused on an analysis of property and economic crimes in the Czech Republic, referring to the recent studies concerning this issue. This part describes property offenses and economic crimes that can be associated with accounting. The final part of the thesis analyses selected property and economic crimes based on judicature of the Supreme Court of the Czech Republic.
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Men as victims of domestic violence
KUBIŠTA, Petr
This dissertation focuses on issues of domestic violence (also known as domestic abuse) against men. It looks into the issue why male victims are not taken seriously by the Czech police forces. Domestic violence against men is less common than domestic violence against women. However those males affected by domestic abuse often struggle to find support in society and in the Czech law. They are often left to deal with the problems on their own. In many cases male victims are not treated seriously by society and police forces. It is very important to highlight this issue in society and find support by the Czech government. Abuse against men should be taken as seriously as violence on female victims. The focus should be on early intervention and prevention.
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Economic offences
Vinklerová, Barbora ; Žák, Květoslav (advisor) ; Spirit, Michal (referee)
This bachelor thesis deals with the economic offences. First four chapters define basic terms of criminal law such as criminal act, kinds of criminal acts and punishment for them according to the Criminal Code. From the fifth chapter it focuses on the economic offences. The sixth chapter goes into details through some of the economic offences on the basis of the Criminal Code and last chapter deals with analysis and statistics of the economic offences compared with the total criminal offences and informs about the worldwide research of the economic crimes made in 2014.
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