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Environmental offenses committed by legal entities
Javorská, Kateřina ; Pelc, Vladimír (advisor) ; Tejnská, Katarína (referee)
Environmental offences committed by legal entities Abstract This thesis deals with the Czech criminal law protection of the environment and its development in relation to legal entities. The main importance for this thesis is found in Act No. 418/2011 Coll., on Criminal Liability of Legal Entities and their Prosecution effective since the January 1, 2012, which brought new institute of criminal liability of legal entities into the legal system of the Czech Republic. Although, there had been several changes, imperfections still occur in connection with this institute. Furthermore, this thesis concerns on Act No. 40/2009 Coll., Criminal Code and international and EU regulations related to the environment. The aim of this thesis is to evaluate whether the criminal liability is a suitable and effective tool to protect the environment. The thesis is divided into four chapters. The first chapter provides explanation of concepts essential for the thesis, especially the concept of legal entity in the applicable law and the concept of environment, it also deals with environmental protection and it sources in national, EU and international regulation. The second chapter focuses on adoption of Act No. 418/2011 Coll., on Criminal Liability of Legal Entities and their Prosecution and the circumstances before the...
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Criminal liability of legal persons in the environmental protection
Süssmilchová, Nela ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee)
This thesis is concerned with the topic of corporate criminal liability in the environmental contexts. The main purpose of the text is to describe possible ways for application of this phenomenon for the purposes of the environmental protection in practice and to evaluate its functioning so far. The first two chapters of the thesis focus on a general introduction to the topic of liability for environmental offences, and the background process for introducing corporate criminal liability into the Czech legal system, including the international incentives. The third chapter of the work aims to analyze some of the relevant sections of Act. No. 418/2011 Coll. and their capability to contribute to effective environmental protection. The importance of the fourth chapter lies in comparison of the advantages and drawbacks for using administrative or criminal liability for the purposes of sanctioning environmental offences. The analysis carried out in the first part of the thesis, leads to conclusions on the employment of corporate criminal liability in environmental law, and some of the possible recommendations for the enforcement authorities. Finally, there is a comparative chapter about the corporate criminal liability in England and Wales.
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Law Dealing with Environmental Crime in the Area of Illegal Trading of Fauna and Flora
Bareš, David ; Stejskal, Vojtěch (advisor) ; Franková, Martina (referee)
This thesis deals with legislation with the task of dealing with environmental crime in the area of illegal trading of flora and fauna in the Czech Republic. Of key importance for this thesis is the examination of domestic criminal legislation, it is supplemented by an excursion into related regulations of international law and European Union law. Introduce also the actual phenomenon of illegal trading of fauna and flora, its characteristic features, historical development, the articles most frequently traded, and other specific features that are typical of this type of illegal human activity. The theoretical bases of the thesis are enhanced by an examination of related practice in the form of practical examples, court rulings, and statistical data. Finally, this thesis also contains a few proposals for improving the existing legislation and raises some objections to practical application.
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