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Criminal liability of legal persons for corruption offences
Procházka, Tomáš ; Vokoun, Rudolf (advisor) ; Pelc, Vladimír (referee)
Thesis entitled "Criminal liability of legal persons for corruption offences" focuses on the criminal liability of legal person in relation to corruption offences in the Czech Republic and in other selected countries. Despite the fact that the Act on Criminal Liability of Legal Persons was enacted several years ago, it is still subjected to public discussions. The thesis is divided into four main chapters. First, introductory, chapter defines selected basic terms, e.g. criminal liability, legal persons, and provides a brief comprehensive overview of historic development with focus on main approaches to legislation. The chapter also analyzes the Czech legal rules on the criminal liability of legal persons and the sanctioning of legal persons in the enforcement practice. Second chapter focuses on the general context of corruption and on measures undertaken by the international organizations in order to support the fight against corruption. It also analyzes the Czech legislation on selected criminal offences that are connected with corruption and bribery. Third chapter describes legislation of other selected countries, e.g. USA and the United Kingdom, in order to compare it with the Czech legal rules. In addition, the thesis aims to illustrate results of OECD's stocktaking report on the criminal...
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Criminal Liability of Legal Persons in the Czech Republic and in Selected Countries around the World
Březinová, Kristýna ; Tlapák Navrátilová, Jana (advisor) ; Bohuslav, Lukáš (referee)
The purpose of the Rigorosum Thesis named Criminal Liability of Legal Persons in the Czech Republic and in Selected Countries around the World is to comprehensively set forth the issue of the criminal liability of legal persons. The Rigorosum Thesis is divided into five chapters. In the first place the basic terms related to this topic are defined and also the theories of attributing criminal liability to legal persons are set forth. Subsequently the thesis examines the criminal liability of legal persons in the Czech Republic including the evolution of the legislative process and current law in force, the Act n. 418/2011Coll., on Criminal Liability of Legal Entities and Proceedings Against Them. Following chapters are dedicated to the exposition of the foreign legal frameworks, namely legislations in the common law countries and in selected European, Asian and South American countries. The Rigorosum Thesis points out the shortcomings and weaknesses of the legislations concerned and at the same time the author attempts to propose rectifications and improvements. When the legal regulations are explained, the author especially focuses on the most typical and characteristic instruments in the legal frameworks analysed as well as on the institutes, which are unknown to the Czech criminal law....
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Sanctioning of legal persons
Kurečková, Hana ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
This thesis deals with sanctioning of legal persons under the Act No. 418/2011 Coll., on Criminal Liability of Legal Entities and Legal Proceedings against them (hereinafter referred to as "Act"). The main part of the paper consists in detailed analysis of the sanctions that may be imposed on legal persons. The main goal of the thesis was to evaluate this relatively new area of legislation which has not been amended to this day in any significant way. Special focus was given to the evaluation of whether the effective legislation in question is complex, sufficient and flawless or whether any amendment is necessary. The preface introduces the main topic, goals and the structure of the thesis. The thesis in general is divided into four parts. The second part deals with the basic institutes related to the criminal liability of legal persons and their sanctioning. The character of legal persons is defined, as well as the range of relevant legal entities on which the legislation in question is applicable. Also different approaches to the sanctioning of legal entities are introduced followed by brief analysis of the basic principles of the criminal liability of legal persons in Czech Republic in accordance with the principle of imputability of a crime to a legal person. The focal point of the thesis can...
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Selected issues of sanctioning of legal persons
Tibitanzlová, Alena ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This thesis deals with selected issues in sanctioning of legal persons. In particular, it focuses on sanctions applicable to legal persons under the act on criminal liability of legal persons. I selected this topic since I am interested in criminal law, especially in criminal liability of legal persons. I decided to focus on sanctioning of legal persons, or more precisely on selected issues thereof, since there are many reasons why this topic is subject of passionate discussions about the act. Based on theoretical and practical findings, this thesis aims to analyze whether the current state of law in the area of sanctioning of legal persons in the act on criminal liability of legal persons is perfect and fully sufficient, or whether it requires amending. The preface introduces the topic of sanctioning of criminal persons and the structure and the main goals of this thesis. Subsequently, the thesis is divided into seven chapters. The first chapter deals with theoretical issues. It covers different approaches to sanctioning of legal persons throughout Europe and key arguments both in favor and against the introduction of new regulation of sanctioning of legal persons in the Czech Republic. The second chapter covers basic provisions of sanctioning of legal persons in the act on criminal liability of...
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