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Selected Issues of Criminal Proceedings against a Legal Entity
Čabrádek, Josef ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Selected Issues of Criminal Proceedings against a Legal Entity Abstract As the name implies, this work deals with selected issues of criminal proceedings against a legal entity. In the presented work, the author aims to draw attention to some difficulties that may arise in criminal proceedings due to the typical nature of legal entities, and to the selected institute of criminal procedural law comparison of the application of principles of criminal proceedings between natural person and legal entities. In fact, the initial problem may be that the current criminal law relating to legal entities is launched briefly. Therefore, this work reflects the current special legislation governing criminal proceedings against legal entities in the sense of Act No. 418/2011 Coll., of criminal liability of legal entities and proceedings against them, applying the relationship of subsidiarity to the general legislation of criminal procedural law, namely Act No. 141/1961 Coll., of Criminal Procedure. At first, the author briefly addresses the question of whether the principles of criminal proceedings apply to criminal proceedings against a legal entity. For the purposes of further formulation of this work, the author simultaneously discusses in the first chapter the principle of equality before the law. In other parts of...
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Criminal Proceedings against Legal Entities
Košňar, Václav ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Criminal proceedings against legal entities Abstract Regarding the character of a legal entity as a fiction, criminal proceedings against legal entities differ in many ways in comparison with standard criminal proceedings against a natural person. The aim of this work is to analyze certain specific institutes, whose interpretation and application is problematic with respect to the interweaving of the procedural regulation contained in Act No. 418/2011 Coll. on penal liability of legal entities and proceedings against them, with the classic regulation contained in the Criminal Procedure Act. This thesis is divided into two main parts. The theoretical one, which serves as the introduction of the whole work, briefly discusses traditional topics related to the substance of penal liability of legal entities, i.e. reasons for its adoption, its concept, its sources and legislation, including their ongoing changes. The merit of the work is, however, its special part, which in six chapters deals with specific institutes and issues of criminal proceedings against legal entities. Gradually, in the special part of this thesis, the issue of the representation of a legal entity in proceedings is analyzed and individual subject that can perform acts on behalf of a legal entity in criminal proceedings are discussed....
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Criminal Liability of Legal Entities in Health Care
Kováčiková, Veronika ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Criminal Liability of Legal Entities in Health Care Abstract The submitted diploma thesis deals with the institute of criminal liability of legal entities in health care. The main objective of this thesis is to define all the requirements and essential elements of criminal responsibility of legal persons, especially healthcare providers. We also look into the most critical aspects of providing healthcare services in which a criminal offense may be committed. Concepts of criminal law are considered in the context of medical law. Thesis is divided into five main chapters. The first chapter focuses on conditions of criminal liability taking into account the specifics of the topic. Attention will also be paid to attributability of a crime to a legal person as well as to legal regulation in United Kingdom and France. In the second chapter we describe the most common circumstances excluding illegality in medicine. We particularly focus on medical intervention, research and experiment. These are not only accepted but also beneficial. The third chapter deals with the main concepts of medical law. If healthcare providers comply with related legal provisions, they significantly reduce the risk of committing an act against the law. Special emphasis is placed on lege artis procedure as an objective measurement of...
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Sanctioning of legal entities
Gvozdek, Filip ; Jelínek, Jiří (advisor) ; Bohuslav, Lukáš (referee) ; Fenyk, Jaroslav (referee)
Abstraktv anglickém jazyce The subject matter and aim of this thesis is to analyse the positive criminal law regulation of sanctioning of legal entities in the light of the Act No. 418/2011 Coll., Act on Criminal Liability of Legal Entities and Proceedings Against Them (hereinafter as "the Act"), its critical assessment and possible de lege ferenda suggestions. As a result, this thesis can be perceived as a comprehensive assessment of issues related to sanctioning of legal entities in the Czech Republic. The dissertation thesis is divided into eleven parts. The first part takes into account the international legal aspects of corporate liability, the concept of criminal liability of legal entities, arguments for and against the adoption of the Act and the legislative process leading to the adoption of the Act. Issues related to sanctioning of legal entities are dealt with in parts 2 to 11, which at the beginning discuss the basic terms of sanctioning, then analyse individual punishments and protective measures which can be imposed on legal entities, then also analyse abandonment of punishment, enforcement of punishments and effacement of conviction. Particularly interesting is the eighth part, which in addition to the treatise on the Criminal Register contains statistical overviews of the current application...
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Taxation of Legal Entity’s Incomes
Pančušková, Kristýna ; Svirák, Pavel (referee) ; Kopřiva, Jan (advisor)
This bachelor thesis deals with the issue of corporate income tax. The aim of the thesis is to reduce the tax of a chosen legal entity. The first chapter deals with the theory that is needed for elaboration of the practical part of this thesis. The second chapter is about the chosen company and contains analysis of the company. The third chapter states suggestions of tax optimalization options.
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Criminal Proceedings against Legal Entilities
Kajnová, Adéla ; Mulák, Jiří (referee)
This diploma thesis is focused on a comprehensive analysis of criminal proceedings against legal entities using Act No. 141/1961 Coll., On Criminal Procedure (Criminal Procedure Code) in combination with Act No. 418/2011 Coll., On Criminal Liability of Legal Entities and Proceedings against them. The adoption of Act No. 418/2011 Coll., On Criminal Liability of Legal Entities and Proceedings against them, introduced criminal liability of legal entities into the legal order of the Czech Republic since 1st January 2012 but the institute of criminal liability of legal entities is constantly evolving to respond to the needs of society. The diploma thesis is conceived from a procedural point of view with the current use of the substantive bases of the issue of criminal liability of legal entities. The thesis further explains important terms and outlines the development of criminal liability of legal entities in the Czech Republic. The aim of the thesis is to provide a comprehensive view of phases of criminal proceedings against legal entities and to evaluate selected problematic aspects of the legal regulation which are accordance with the interpretation of the professional public and with the developing jurisprudence of the domestic courts. The thesis is divided into five chapters. The first three are...
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Criminal Proceedings against Legal Entilities
Kajnová, Adéla ; Mulák, Jiří (referee)
This diploma thesis is focused on a comprehensive analysis of criminal proceedings against legal entities using Act No. 141/1961 Coll., On Criminal Procedure (Criminal Procedure Code) in combination with Act No. 418/2011 Coll., On Criminal Liability of Legal Entities and Proceedings against them. The adoption of Act No. 418/2011 Coll., On Criminal Liability of Legal Entities and Proceedings against them, introduced criminal liability of legal entities into the legal order of the Czech Republic since 1st January 2012 but the institute of criminal liability of legal entities is constantly evolving to respond to the needs of society. The diploma thesis is conceived from a procedural point of view with the current use of the substantive bases of the issue of criminal liability of legal entities. The thesis further explains important terms and outlines the development of criminal liability of legal entities in the Czech Republic. The aim of the thesis is to provide a comprehensive view of phases of criminal proceedings against legal entities and to evaluate selected problematic aspects of the legal regulation which are accordance with the interpretation of the professional public and with the developing jurisprudence of the domestic courts. The thesis is divided into five chapters. The first three are...
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Acting on behalf of a legal entity
Čápová, Martina ; Dvořák, Jan (advisor) ; Lederer, Vít (referee)
Acting on behalf of a legal entity Abstract The rigorous thesis deals with acting on behalf of a legal entity after the recodification of private law. This recodification has brought a number of changes which is not different in the area of acting on behalf of a legal entity as well. The concept of a legal entity as a fictitious subject of law is intertwined with the whole concept of the institute of acting on behalf of a legal entity. The content of the thesis is structured into seven main chapters, which are elaborated in more detail in subchapters. After the introduction, which clarifies the reason for choosing the topic of this work and it's outline, in the first chapter I deal to a general and necessary extent with basic terminology related to the topic of the work and then the legal proceedings themselves. The second chapter is devoted to a general description of legal entities, theories applied to the concept of legal entities and the basic division of legal forms of legal entities in our private law, not only in o.z., but also in ZOK. In the third chapter I approach the basic topic of this work, ie acting on behalf of a legal entity. I have divided this chapter into a general introduction to the actions of a legal entity in relation to representation and actions prior to the establishment of a legal...
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Sanctioning of legal entities
Gvozdek, Filip ; Jelínek, Jiří (advisor) ; Bohuslav, Lukáš (referee) ; Fenyk, Jaroslav (referee)
Abstraktv anglickém jazyce The subject matter and aim of this thesis is to analyse the positive criminal law regulation of sanctioning of legal entities in the light of the Act No. 418/2011 Coll., Act on Criminal Liability of Legal Entities and Proceedings Against Them (hereinafter as "the Act"), its critical assessment and possible de lege ferenda suggestions. As a result, this thesis can be perceived as a comprehensive assessment of issues related to sanctioning of legal entities in the Czech Republic. The dissertation thesis is divided into eleven parts. The first part takes into account the international legal aspects of corporate liability, the concept of criminal liability of legal entities, arguments for and against the adoption of the Act and the legislative process leading to the adoption of the Act. Issues related to sanctioning of legal entities are dealt with in parts 2 to 11, which at the beginning discuss the basic terms of sanctioning, then analyse individual punishments and protective measures which can be imposed on legal entities, then also analyse abandonment of punishment, enforcement of punishments and effacement of conviction. Particularly interesting is the eighth part, which in addition to the treatise on the Criminal Register contains statistical overviews of the current application...
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Criminal liability of legal entities
Filipovičová, Gabriela ; Jelínek, Jiří (advisor) ; Tejnská, Katarína (referee)
Criminal lability of legal entities Abstract The diploma thesis is focused on criminal lability of legal entities, which was incorporated into Czech law by Act No. 418/2011 Coll, on Criminal Liability of Legal Entities and Proceeding Againts Them (hereinafter "the Act"), which came into effect on 1 January 2012. The phenomenon of criminal liability of legal entities is a controversial topic, because it conflicts with many traditional principles of criminal law in the continental legal culture, which also includes the Czech Republic. Even after eight years since the introduction of criminal liability of legal entities into the Czech legal order, this topic is given constant attention in the field of doctrine and practice. The aim of the diploma thesis is to present a complex issue of the rise and expiry of criminal liability of legal entities in the Czech Republic and to evaluate the practical and theoretical problems that this law institute brings. The diploma thesis is divided into five chapters. The first chapter presents the reasons that led the legislature to introduce criminal liability of legal entities and presents also counter-arguments of opponents that the legislature had to deal with. The circumstances of the legislative process of the adoption of the Act and its subsequent amendments are also...
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