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Public liability of members of municipal bodies in public administration decision-making process
HRUBEŠOVÁ, Patricie
The thesis focuses on the issue of public liability of persons in relation to their membership and decision-making in elected bodies of local governments. The work presents theoretical background related to the issue of public liability of individual members of municipal bodies, while these theoretical findings are further applied in the practical part, which contains the characteristics of available statistics of crimes committed by persons in this position. The overall data is then supplemented by the data obtained in fifty municipalities of the South Bohemia Region, on the basis of which the current situation and developing tendencies in this area are derived, including a demonstration of the possible negative financial impact on municipal finances. The resulting conclusions are critically evaluated with suggestions of examples of adequate responses to the current situation and its improvement in the future.
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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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Administrative delicts committed by legal entities
Brandová, Tereza ; Prášková, Helena (advisor) ; Handrlica, Jakub (referee)
Topic of my diploma thesis is The Administrative punishment of legal persons. Lability of legal entities is considered to be very actual and controversial at the present time not only in the Czech republic, in connection with criminal law refom, but in the whole Europe. The solution of problematic question of effective sentencing legal persons and detering them from other illegal activities, has been a frequent issue of political profesional a nonspecialists discussion during the last ten years. This thesis describes czech system of public liability of legal entities, which is suffering from numerous imperfections. In the first chapter I define and specify administrative punishment and its basic principles, focusing on principle of humanity, principle of legality in its four forms (nulla crimen sine lege stricta, scripta, certa, praevia) and principle of subsidiarity of criminal repression. The following chapter is focused on administrative liability of legal person. The theory of legal persons as a mere fictions is obsolete and they are considered to be real and self-dependent legal subjects with potency to act. Unfortunatelly, very often they act unlawfully. The consequences of this conduct may often be huge and very difficult to restore. In this chapter I define legal entity, using civil and...
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