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Chosen aspects of the Compliance management system in a business company
Jendrejovská, Lucie ; Bohuslav, Lukáš (advisor) ; Richter, Martin (referee)
The subject of this rigorous thesis is the introductory analysis of selected issues related to the criminal liability of legal entities, which is a necessary prerequisite for fulfilling the main goal of this work - compliance programs in terms of their significance for potential exoneration of a legal entity from criminal liability under § 8 para. 2 letter b) of the Act on Criminal Liability of Legal Entities (ZTOPO), or § 8 para. 5 of the ZTOPO, and at the same time as a tool to prevent criminal activity. The thesis is also focused on practical recommendations for setting up a functional compliance program in a company, including reporting systems (whistleblowing) and briefly deals with the specifics of competition compliance. The rigorous thesis is divided into four interrelated chapters. In the first chapter I dealt with the fundamental concepts of the law, such as the scope of the ZTOPO, the extent of criminalization, the structure and conditions of attributability of criminal liability to a legal entity, and other selected institutes of criminal liability of legal entities, including their sanctioning and circumstances causing the extinction of criminal liability. The essence of the thesis is captured in the second chapter, where the attention is paid to the compliance program and compliance...
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Decision-making practice of the Court of Appeal and the Constitutio Criminalis Josephina (1687-1727)
Vacek, Josef ; Starý, Marek (advisor) ; Kindl, Vladimír (referee) ; Knoll, Vilém (referee)
ROZHODOVACÍ PRAXE APELAČNÍHO SOUDU A CONSTITUTIO CRIMINALIS JOSEPHINA (1687-1727) Disertační práce JUDr. Josef Vacek Keywords: court of appeal; legal history; 17th century; criminal law; decision-making practice; sources of law; early modern period Abstract This thesis deals with the change in the decision-making practice of the Prague Court of Appeal in criminal cases in connection with the new criminal code Constitutio Criminalis Josephina of 1707. The thesis first analyses the current state of research, followed by an analysis of the internal structure of the court, including the mechanisms of selection and recruitment of new councillors. Significant space is also devoted to the relevant legislation for the work of the Court of Appeal and for criminal law in general in the period from the late 16th century, when the Koldin's Municipal Code was published, to the early 18th century, when Josephina was published. The focus of the work is an analysis of the thousands of decisions handed down by the Court of Appeal in criminal cases, in three areas: offences against life, property crime and sexual offences. The basic source were the orthels bücher, books kept at the Court of Appeal, from which decisions (sentences) were recorded, especially in criminal cases - thousands of entries in Czech, German and...
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Prostitution from a criminal law perspective
Stašáková, Anežka ; Hořák, Jaromír (advisor) ; Bohuslav, Lukáš (referee)
Prostitution from a criminal law perspective Abstract In view of the existing jurisprudence, prostitution can be understood not only as sexual intercourse with other persons for remuneration in the form of coitus, but also as all other forms of exhibition of the sexual drive of another person of the same or opposite sex by physical intercourse. However, when defining prostitution, it is necessary to take into consideration the element of voluntariness, i.e. whether prostitution is provided voluntarily or involuntarily. The aim of the rigorous thesis was to describe both of these forms, i.e. both the issue of voluntary prostitution and the issue of involuntary prostitution. The differentiation of prostitution according to the element of voluntariness can also be observed at the level of international legislation, which tends to focus on forced prostitution. The same is the case at the legal level, where the current approach to prostitution in the Czech Republic can be described as abolitionist, i.e. prostitution as such is not punished, but only the accompanying phenomena or prohibited forms of prostitution. In this context, the rigorous thesis analyses the offence of prostitution endangering the moral development of children according to Section 190 of the Criminal Code, the offence of pimping according to...
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Problematics of Child Pornography in Criminal Law
Sveykovská, Barbora ; Říha, Jiří (advisor) ; Bohuslav, Lukáš (referee)
The thesis focused on the problematics of child pornography in criminal law. Its goal was to describe the relevant legal regulations concerning child pornography in the Czech Republic and subsequently compare them with the legal framework of the United States. The thesis aimed to highlight problematic aspects in the current context that lawmakers should address in potential amendments. Specific modifications to the current Czech legal framework were also detailed in the text. The structure of the thesis includes an introduction, six chapters further divided into sub- chapters, and a conclusion. Given the thesis's topic, the prevailing method is description, and in individual sections, optionally, the methods of analysis, comparison, and synthesis are used. In the first chapter, the author focused on significant milestones in the historical development of pornography, ranging from ancient Roman mentions through the invention of the printing press to the emergence of the internet. However, the focus remained on pivotal moments of historical background, rather than an exhaustive history of child pornography. The second chapter, the most extensive one, analyzed the legal regulation of child pornography. It comprised four sub-chapters, progressively presenting the most crucial aspects of international...
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The application of legal standards in materials engineering
Večeřa, Petr ; Pantělejev, Libor (referee) ; Pavloušková, Zina (advisor)
The thesis describes points where the basic universal prescriptive system of law interferes with the questions of materials engineering. The main part of the thesis concerns legal liabilities, mainly civil liability represented with liability for defects. Basic analysis of chosen topics concerning liability for defects is done, defects are divided into groups as far as both technical and legal point of view is concerned. Consequently, the most common methods, principles and tests used for recognition and assessment of materials characteristics, both destructive and non-destructive, are described. Chapter, which deals with degradation processes follows. Integral part of the thesis are thoughts of possible types of legal liabilities, which could be important for materials engineers, with basic recommendations for contracting, as well as chosen problems connected with judicial proceedings and out of court settling of disputes. Technical standards are described with high attention, because both technical and legal public is not familiar with the legal background of technical normalisation.
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Visualisation of crime in the Normalization cinema
Škopková, Andrea ; Urban, Michal (advisor) ; Agha, Petr (referee)
67 Visualisation of crime in the Normalization cinema Abstract The thesis deals with the question to what extent and in what way the Czechoslovak Normalisation through state-controlled cinema influenced the portrayal of crime/criminality in crime and detective films. The present work attempts to capture the schemes and boundaries within which the dramaturgy of Czech film genre production moved during the so-called Normalisation. The work is based on comparing available data and studies on real crime with its filmic portrayal. The thesis includes a chapter devoted to interdisciplinary, especially sociological, contexts of researching crime and its reflection in society. Another part of the text includes the historical and legal-historical context of the topic under study and the transformations of criminal law. Together with a description of some selected motifs of the film narratives and with an assessment of the extent to which and in what ways selected criminological topics (e.g. recidivism, the problem of social pathologies) are reflected in contemporary professional literature (or statistics) and film, the thesis illustrates with specific examples the ways in which the ideology of Normalization may manifested itself in film productions primarily for the entertainment of the audience (the public). The...
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Comparative analysis of Criminal Liability of autonomous driving and strong artificial intelligence
Nanos, Andreas ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee) ; Šcerba, Filip (referee)
XXV Abstract: The rapid development of artificial intelligence (AI) has raised important legal and ethical questions regarding the potential criminal liability of AI systems. This comparative analysis explores the distinctions in criminal liability between weak and strong artificial intelligence, considering their varying levels of autonomy and decision-making capabilities. The study begins by defining weak and strong AI, with weak AI referring to systems that are narrowly focused and exhibit limited autonomy, while strong AI denotes systems capable of general intelligence and independent decision-making. It then delves into the legal frameworks governing criminal liability and encompassing traditional legal principles and legislation. Drawing on relevant case law, the analysis examines the challenges of attributing criminal responsibility to weak AI. Due to their limited autonomy and reliance on human input, weak AI systems are typically treated as tools rather than independent agents. Consequently, liability is more likely to be assigned to the human actors responsible for designing, operating, or utilizing the AI system, rather than the AI system itself. In contrast, strong AI presents unique legal and ethical complexities. With their potential to exhibit cognitive abilities akin to human intelligence,...
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Hospodářská a majetková trestná činnost v lesním hospodářství
Drápelová, Tereza
The bachelor thesis deals with economic and property crime in forestry. The thesis will be solved on the basis of analysis and subsequent synthesis of case law dealing with forestry crimes according to the most frequently identified types of crimes. The issue will be put into practice, when a questionnaire will be sent to the Ministry of Justice of the Czech Republic and also to individual forest enterprises and commercial companies, so that the thesis can also work with these answers. The draft part will also include a possible modification of the methodology for recording statistics on crimes in forestry.
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Seizure of property and seizure of part of the property in the current legislation
Blažek, Jiří ; Richter, Martin (advisor) ; Vokoun, Rudolf (referee)
Criminal Code Act No. 40/2009 Coll. distinguishes criminal sanctions into penalties and protective measures. This distinction is called dualism of criminal sanctions. Protective measures are broadly subdivided into protective measures restricting personal liberty and protective measures affecting property. These 'property protection measures' have long been represented by the protective measure of seizure of property under Section 101 of the Criminal Code, which was linked to similar protective measures in previous substantive criminal law. Amendment No. 55/2017 Coll. to the Criminal Procedure Code, in response to the so-called Confiscation Directive 2014/42/EU, introduced a new protective measure of seizure of part of the property pursuant to Section 102a of the Criminal Procedure Code. An alternative solution with significant doctrinal support was considered, including the creation of a special regulation for a more comprehensive solution to the confiscation issue and a more appropriate settlement with the principles contained in general criminal law. The seizure of property serves to seize an item through which there is a threat of committing or supporting criminal activity. The seizure of part of the property, similarly to the provisions of Section 101 of the Criminal Code, aims at the...
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The Concept of a criminal offence in the Czech Criminal Code
Novotný, Pavel ; Jelínek, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
The Concept of a criminal offence in the Czech Criminal Code Abstract The diploma thesis examines the concept of a criminal offence in Act No. 40/2009 Coll., the Criminal Code. With the enactment of the new Criminal Code, a transition from a formal- material concept of a criminal offence to a formal concept has been made. With the enactment of Act No. 40/2009 Coll., the Criminal Code, the recodification work, which had lasted almost twenty years, was completed. The most discussed topic at the time of the preparation of the Criminal Code was precisely the concept of a criminal offence. The first chapter of the thesis introduces the general regulation of the concept and conception of a crime in separate and combined form and the most important terms related to the criminal offence. The second chapter presents the development of criminal law in the Czech lands from the 19th century beginning with the Code of Crimes and Serious Police Offences, through the preparation of the outlines of the Criminal Code in 1926 and 1937 up to the Criminal Act No. 140/1961 Coll. The third chapter presents the situation after 1989 on the way to the new penal code. It describes the substantive intention of the Criminal Code, with regard to possible alternatives to the concept of a criminal offences, which was approved by the...
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