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Selected issues of criminal liability of legal entities
Slobodník, Martin ; Jelínek, Jiří (advisor) ; Bohuslav, Lukáš (referee) ; Fryšták, Marek (referee)
Název disertační práce v anglickém jazyce, abstrakt v anglickém jazyce a 3 klíčová slova v anglickém jazyce Název disertační práce v anglickém jazyce: Selected issues of criminal liability of legal entities Abstrakt v anglickém jazyce: The author of the propounded thesis is dealing with a controversial issue of criminal sanctioning of legal entities in selected countries of the European Union. With the presented topic of criminal liability of legal entities is not only engaged the specialized public in the Czech Republic, but it is also a controversial theme among other European states. The topic remains current, as is witnessed not only by the frequent expert conferences, but also by the legislative activity in the Czech Republic, neighbouring countries and other parts of Europe. It is clear that individual legislators are still seeking the optimal embedding of effective sanctions against legal entities, including related penal institutes. The second chapter of this thesis is devoted to valid and effective international and transnational documents, which are closer examined. Due to the fact that each of the sources contains just general requirements, a number of states are positively assessed when implementing the transnational and international commitments, because these states, except few of them,...
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Criminal Liability of Legal Entities
Šelleng, Dalibor ; Jelínek, Jiří (advisor) ; Ivor, Jaroslav (referee) ; Bohuslav, Lukáš (referee)
It is more than 6 yeas as of the moment when Act No. 418/2011 Coll., on penal liability of legal entities and proceedings against them, entered into effect, however, in spite of it inland legal regulation still offers a number of key application and conceptional issues. The achieved objective of the dissertation work submitted was to provide comprehensive and detailed interpretation of the existing legal regulation of the conditions when criminal liability of legal entities is established and to point out, in that interpretation, to some of its particularities, deficiencies or ambiguities in the interpretation. In order to achieve that objective, the author dealt with not only Czech legal regulation as such, however, also with wider topics that clarify the origination of this form of penal liability but that can also help interpreting problematic legal institutes or be the basis for next amendments to the law, if any. For this purpose, the presented dissertation work is divided in four main chapters. The first part contains introductory and fundamental issues of the criminal liability of legal entities. As the sine qua non condition of the topic under investigation, it defines the term of "legal entity" and outlines the historical development of the concept of penal liability of legal entities in...
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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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Issues of criminal liability of legal entities
Šťastný, Jakub ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The topic of this Master's thesis is the analysis of criminal liability of legal entities in the Czech republic that is contained in the Act no. 418/2011 Sb., on Criminal Liability of Legal Entities and Procedure against them, which was adopted on 22. 12. 2011. It is a topical isuue, which still contains a lot of unanswered questions. The aim of the thesis is to familiarize the reader with this new institute in the Czech legal system, with which there are not many practical experiences yet. Taking into account the extent of the thesis, it does not include a comprehensive analysis, but it focuces on key issues in the legal regulation. The work is also dedicated to the regulation of this institute in the Spanish legal system. The thesis is divided into three chapters. The first chapter deals with general issues that are related to the criminal liability of legal entities. It presents the historic development, models of liability of legal entities for offences, international regulation, corporate criminal liability in the Common law system and the reasons for and against introducing criminal liability of legal entities into legal system. The second chapter is devoted to the analysis of current legislation criminal liability of legal entities in the Czech Republic. It is focused on the nature of the...
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Criminal liability of legal entities
Žižková, Anna ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Resume Criminal liability of legal entities is relatively new institute in continental legal culture and the Czech republic was one of the last countries in Europe that accepted this concept. In addition, this concept was introduced not by the conviction of its necessity, but for reasons of international policy. Criminal liability of legal entities, however, was introduced to Czech law by Act no. 418/2011 Sb., on Criminal Liability of Legal Entities and their Prosecution. Therefore it is necessary to deal with this issue. The aim of this thesis is to make a comprehensive analysis of the Act on Criminal Liability of Legal Entities and their Prosecution, to analyze its most important provisions, as well as to define the provisions which are considered problematic, together with proposals for amendments and further innovation of current legislation. The first chapter defines the concept of legal entity that the Act on Criminal Liability of Legal Entities and their Prosecution doesn't define itself. The second chapter contains a summary of the events that led to the adoption of the Act, further consideration about the models of liability of legal entities and mentions the main arguments for and against adopting the Act. The third chapter provides an analysis of the Act, its structure and defines new principles...
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Criminal liability of corporations in selected countries of the European union
Slobodník, Martin ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
The author of the propounded thesis is dealing with a controversial issue of criminal liability of legal entities in various countries of Central Europe, i.e. the Federal Republic of Germany, the Republic of Austria, the Slovak Republic, the Republic of Poland and attention is dedicated to their comparison with each other or with the relevant legal provisions of the Czech Republic. The criminal liability of legal persons is not perceived by the experts of criminal law as mere complement of the criminal liability of individuals, but as an equal branch of penal responsibility side by side with the liability of natural persons. For this reason, the author deems its closer examination to be beneficial. This work refers to legislative activities in the Czech Republic, but also in the Slovak Republic and the Federal Republic of Germany, which clearly show that the legislation of these countries is constantly evolving and that their legislators are still looking for the optimal embedding of effective sanctioning of legal entities, including the related penal institutes. In the introduction, the author points out the common international and European obligations of particular researched countries and also provides evaluation of the implementation of commitments by member states to the European Union or to...
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The criminal liability and sanctioning of legal person
Hanušová, Zuzana ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
This thesis mainly deals with the analysis of the substantive aspects of criminal liability and sanctioning of legal entities within the meaning of the Act No. 418/2011 Coll., on criminal liability of legal persons and proceedings against them (hereinafter "ZTOPO"), entered into force on January 1, 2012 in the Czech Republic. The law governing the criminal liability of legal persons is effective for almost five years, yet this topic is still very controversial and debated. The aim of this study is to provide a comprehensive brief overview the issue of criminal liability and sanctioning of legal persons in the Czech Republic. The third chapter, which deals with the substantive provisions of ZTOPO regarding the criminal liability of legal persons, is the main content of this work and then also the fourth chapter, which is devoted to the question of delimitation of sanctions, that can be imposed to condemned legal person. This work deals with legal regulation of legal entities, comparisons of the criminal liability legislation of legal entities in France, the Slovak Republic and in Germany, the development of criminal liability of legal persons in the Czech Republic and in particular analysis of selected substantive provisions of ZTOPO. It is also pointed out some of the major shortcomings of the...
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The criminal liability of legal persons
Šperl, Milan ; Herczeg, Jiří (referee) ; Tlapák Navrátilová, Jana (referee)
The aim of this thesis is to analyze the effectiveness of the existing Act on Criminal Liability of Legal Entities and their Prosecution (Act No. 418/2011 Coll.). It focuses on particular key provisions, rather than provides a comprehensive analysis of the extent to which the Act is applicable. The primary purpose of the thesis is to present new ideas and findings, which could be useful for those interested in the topic and participated in professional discussions on this recent and significant issue. The thesis reveals some of imperfections of the Act. These are related to the legal terminology, the extent of criminalization, the imputability of a crime to a legal entity, the principle of transfer of criminal liability to an entity's legal successor, and the punishment of legal entities.
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Problems of criminal liability of legal etities
Šelleng, Dalibor ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This master's thesis is concerned with an issue of criminal liability of legal entities. Emphasis is put on the czech legislation, more precisely on the act no. 418/2011 Sb., on Criminal Liability of Legal Entities and their Prosecution, that came into force on 1. 1. 2012. This act was adopted in response to the obligations under international law that are binding on the Czech Republic. The main aim of this thesis is to make its readers possible to get acquainted with the regulations of the establishment and termination of criminal liability of legal entities in the Czech Republic and to point out some problematic parts of the law. The thesis is divided into three parts. The first part deals with the general questions of criminal liability of legal entities, in particular with the historical development of such a conception, its possible models, definition of the legal entity and with the reasons for and against criminal liability. The second and the most extensive part of this thesis is dedicated to the analysis of the current Czech legislation. It focuses attention on the issues concerning the scope of the Act, extent of the criminalization of corporations, requirements of the imputability of the criminal act to the corporation and concerning the issue of transferring criminal liability to the...
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Criminal Proceedings against Legal persons
Chovanec, Štěpán ; Herczeg, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
Chovanec, Š. Criminal proceedings against legal entities Criminal proceedings against legal entities represent a significant innovation for Czech criminal procedure law. Adoption of Act nř 418/2011, about Criminal liability of legal entities and criminal proceedings against them, is considered as acceptance of the world's phenomenon of enactment of the institute of Criminal liability of legal entities. The lawmaker had chosen a special regulation for criminal proceedings against legal entities which however does not describe the issues solely. So the Penal Code is considered subsidiary applicable regardless it does regulate criminal proceedings against a natural person. The author of this text deals with risks and potential problems connected to this construct. The author of this text describes selected aspects of criminal proceedings against legal entities from its beginning to the enforcement proceeding.
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