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Criminal aspects of the public procurement
Novák, Martin ; Šámal, Pavel (advisor) ; Gřivna, Tomáš (referee)
147 Summary: The subject of this work, as it follows from its title, is the issue of crimes committed in connection with public procurement. The author emphasizes that it is a problem more than actual. Crime in connection with the public procurement has significant economic and social impacts and is subject of a long-term criticism and constant interest of media. The aim of this work is to present the main features of this form of crime, not only through a detailed analysis of the applicable criminal regulations, but also, using practical experience and analysis of the current case-law of general courts, through identification of the most significant legal or forensic problems in detection and investigation of this type of crime. The work is divided into five parts, which are further divided into sub-chapters and sections. The first part is dedicated to a valid criminal regulation. It defines in detail the various constituent elements of the relevant offenses and the most important legal concepts. The criminal liability of legal persons is not omitted. The second part, though still focused on the criminal regulation, has been concentrating on the applicable regulations of the Public Procurement Act, rather than the Criminal Code, with focus on legal concepts contained in this Act that are also normative...
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Criminal activity in connection with public procurement
Jiráček, Jan ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The author analyses the existing legislation regarding crime related to public procurement, focusing on those that directly relate to public procurement. The primary objective of this thesis is a thorough analysis of sections 248 paragraph 2 alinea 2, section 256 and section 257 of the Czech criminal code. Following a brief historical introduction this thesis describes some of the important legal instruments present in the new law regulating public procurement, emphasising the new ones that may have a strong impact on criminal liability. The main part of the thesis then analyses the three aforementioned crimes, putting emphasis on the recent decisions of the Czech courts in this matter. The author also provides practical examples of criminal conduct related to public procurement. The author also focuses on some other crimes that may not be directly related to public procurement, but are in practice more or less often committed in relation to public procurement or together with the three aforementioned crimes. The author has also carried out a detailed analysis of the available case-law related to the crimes described in sections 248 paragraph 2 alinea 2 and 257 of the Czech criminal code in a time period between its entry into force up to the date of submitting this thesis. The reason for this...
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Criminal aspects of the public procurement
Novák, Martin ; Šámal, Pavel (advisor) ; Gřivna, Tomáš (referee)
147 Summary: The subject of this work, as it follows from its title, is the issue of crimes committed in connection with public procurement. The author emphasizes that it is a problem more than actual. Crime in connection with the public procurement has significant economic and social impacts and is subject of a long-term criticism and constant interest of media. The aim of this work is to present the main features of this form of crime, not only through a detailed analysis of the applicable criminal regulations, but also, using practical experience and analysis of the current case-law of general courts, through identification of the most significant legal or forensic problems in detection and investigation of this type of crime. The work is divided into five parts, which are further divided into sub-chapters and sections. The first part is dedicated to a valid criminal regulation. It defines in detail the various constituent elements of the relevant offenses and the most important legal concepts. The criminal liability of legal persons is not omitted. The second part, though still focused on the criminal regulation, has been concentrating on the applicable regulations of the Public Procurement Act, rather than the Criminal Code, with focus on legal concepts contained in this Act that are also normative...
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Legalization of proceeds from crime
Kříž, Lukáš ; Hřebík, František (advisor) ; Markéta, Markéta (referee)
The thesis deals with issues of legalization of proceeds of crime in the Czech Republic. The theoretical part is focused on defining terms and analysis of the general characteristics of organized crime, including its development since the late 20th century to the present. Further detail is aimed at analysis of the crime of money laundering focusing on stages of the process of money laundering.
The practical part describes the recover the proceeds of crime and compares previous and amended legal provisions concerning this issue. Further analyzes the statistical data of economic crime in the Czech Republic between 2008 and 2015, with a forecast of the years 2016 to 2018 and describes the analysis of actual cases of money laundering. At the end of the work deals with a summary findings and compare the characteristic features of the process of money laundering with the real practices recorded on specific cases.
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