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National Repository of Grey Literature
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Selected Issues of Corporate Criminal Liability
Fabšíková, Tereza
;
Jelínek, Jiří
(advisor) ;
Vanduchová, Marie
(referee)
The submitted thesis comprehensively deals with selected issues of corporate criminal liability. The emphasis is mainly put on the Czech legislation, on the Act No. 418/ 2011 Coll., on Criminal Liability of Legal Entities and their Prosecution that became effective on the January 1, 2012. Foreign legislation concerning corporate criminal liability in selected countries within civil law legal system is taken into account in the thesis as well while focusing mainly on the French legislation. The aim of the thesis is to carry out a critical analysis of the Czech corporate criminality legislation and to point out its ambiguities, contentious parts and potential shortcomings. The thesis is divided into three parts. The first part deal with certain general issues related to the concept of criminal liability of legal entities, including its historical development. The second part focuses on the scope of the Act No. 418/ 2011 Coll., in particular it examines the characteristics of the entities that are subjected to the corporate criminal liability and the extent of criminalization of legal persons. Third part and the longest part examines (i) corporate criminal liability's establishment with emphasis put on the matter of imputability and (ii) the legal succession with regard to the transfer of the...
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