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Criminal liability of legal entities - comparison of legal regulations in the Czech Republic and Poland
Sýkora, Petr ; Jelínek, Jiří (advisor) ; Heranová, Simona (referee)
Criminal liability of legal entities - comparison of legal regulations in the Czech Republic and Poland Abstract The criminal liability of legal entities still raises emotions and is still the subject of both expert discussions and lay comments. Moreover, the application of the Law on the criminal liability of legal entities in practice is still problematic and law enforcement bodies are not only unsure how to apply individual institutes and when to consider bringing charges against a legal entity but often still do not initiate proceedings against legal persons because they consider such course of action a complication in proceedings against an individual. Thus, the greatest application problems relate firstly to assessing whether the legal conditions for initiating criminal proceedings against a legal entity are met, and then the question of the so-called exculpation and the problem of the possible transfer of the evidence obligation to a legal entity. Last but not least, from the point of view of the application practice, the limitation of the legal entity's right to choose a legal representative. Despite the fact, how critically it is possible to look at the regulation of criminal liability of legal entities, it cannot be overlooked, that one of the closest neighbors, Poland, has even greater problems...
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The Question of Self-induced Insanity
Jechová, Veronika ; Tejnská, Katarína (referee)
The Question of Self-induced Insanity The aim of this thesis is to cover the question of self-induced insanity in its complexity. The thesis is divided into eleven chapters, in which this part of criminal law is analysed. The topic of criminal liability of insane offenders (even those insane due to their own conduct) represents an interesting part of criminal law. One of the main reasons is the fact that the solution to the problem of criminal liability of insane offenders can lead to the breach of one of the main principles of criminal law - the principle of culpability - on one hand, or to the failure of one of the main functions of the criminal law - the protection of society and its interest and values against the most dangerous conduct prohibited by the law - on the other. The text is concerned mainly with the current legal arrangement of self-induced insanity in the Czech Republic. The legal arrangement in effect adopted the theoretical concept of a special criminal offense and a full criminal liability for the actio libera in causa construction. These provisions deal with situations, where the offender through the voluntary application of addictive substances caused his own insanity and in this state committed an act which would constitute a crime were it not for the absence of the...
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Criminal Liability of Legal Entities
Šťastný, Petr ; Musil, Jan (advisor) ; Bohuslav, Lukáš (referee) ; Kuchta, Josef (referee)
CRIMINAL LIABILITY OF LEGAL ENTITIES Abstract Although it has been more than seven years since the adoption of Act No. 418/2011 Coll., on the criminal liability of legal entities and proceedings against them, by criminal liability of legal entities which the Czech legislators introduced, it remains a controversial issue. Thus the aim of this thesis is not only to analyse this legislation and provide a comprehensive and clear interpretation, including a critical evaluation of selected institutes, but also to introduce the process leading to its adoption, including a comparison of the arguments in favour of adopting such a decision with the arguments presented by the opponents of the criminal liability of legal entities. An equally important aim of the thesis is an analytical evaluation of application knowledge and the presentation of potential de lege ferenda proposals. However, such considerations require a sufficient command of terminology, as well as of the basic principles of criminal law, which is the content of Chapter One of the thesis. Chapter Two is dedicated to the fundamental change in the concept of legal entities brought about by the new Civil Code, which leans towards the theory of fiction, thereby causing considerable tension. On a global scale, the institute of the liability of legal entities...
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Criminal Liability of Legal Entities in Healthcare
Janatová, Pavla ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The aim of the diploma thesis is to define presumptions of the criminal liability of healthcare providers and answer the question in which circumstances and under what conditions can healthcare providers can be criminal liable. The diploma thesis is divided into nine chapters. The first chapter deals with legal entities, particularly their history and definition in Czech legal order. In second chapter I envisage with the basic medical law terms importing in relation with the subject of the diploma thesis, especially I mentioned health related services, healthcare, services to promote and maintain health, healthcare provider and patient. In the third chapter I define in general the fundamental types of legal liability in the health care sector and in the subchapter I analyse the institute of the informed consent, which is in my opinion an important aspect in defining legal liability in healthcare. Further in the fourth chapter I focus specifically on criminal liability, which I first define as such, including the individual circumstances that exclude unlawfulness, then I deal with the criminal liability of legal entity and its possible criminal conduct in relation with the provision of healthcare. I also analyze the terms of lege artis and vitium artis procedure, which are usually the necessary...
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Child Soldier in International Law
Kučerová, Zuzana ; Hýbnerová, Stanislava (advisor) ; Honusková, Věra (referee)
Zuzana Kučerová: Child Soldier in International Law Abstract This thesis deals with child soldiers from the perspective of the international law. It is predominantly concerned with two questions: protection of children from recruiting and their possible criminal responsibility for international crimes. After a short introductory chapter, which covers a brief history of child soldiers, the second part gives an overview of international legal instruments which aim at preventing the underaged from being recruited into armed groups, as well as from taking part in hostilities. Those instruments belong to three different branches of international law: humanitarian law, human rights law and international criminal law. The author concludes that international criminal law in particular is the best instrument to protect children from becoming child soldiers. The reason is that international criminal law applies directly to individuals, including non-state actors such as commanders of paramilitary forces. It is also in force at the times when there is no armed conflict as defined by international humanitarian law. The third part of the work focuses on criminal responsibility of children for international crimes. The major question in this field is whether we can prosecute children for those crimes at all. On the one...
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Economical aspects of criminal sanction of legal persons
FUČÍKOVÁ, Adéla
This bachelor thesis deals with selected issues of corporate criminal liability. The emphasis is primarily put on the Czech legislation, mainly on Act No. 418/ 2011 Coll., on Criminal Liability of Legal Entities and their Prosecution. The aim of this bachelor is to find out which criminal action is committed the most and how the penalties from Act No. 418/2011 affects the economy of companies. The bachelor is divided into two parts. The first part includes a description of the legal person, then general issues related to the concept of criminal liability of legal entities, including its historical development, and last chapter is the scope of the Act No. 418/2011 Coll., in particular it examines the extent of criminalization of legal persons and the characteristics of the entities that are subjected to the corporate criminal liability. The second part is focused on the analysis of criminal actions into categories and a position of the Czech Republic in the world.
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The crime of robbery in comparison with selected crimes against personal freedom
Wachtlová, Nikola ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
The crime of robbery in comparison with selected crimes agains personal freedom This rigorous work focuses on the crime of robbery comparison with selected crimes against personal freedom. It deals primarily with the crime of robbery in terms of the criminal law. This thesis is systematically classified so that it contains the historical context of legal regulation of robbery in the territory of today's Czech Republic. In addition, the basic concepts, which are in the main a crime as such and freedom, like freedom, not only as the freedom of an individual, but also the protection of property, including the very innocuousness of the dwelling, which, of course, is part of the concept of freedom. After a historical excursion and general interpretation, a more detailed analysis of the crime of robbery de lege lata follws, i.e. in accordance with the applicable law, namely robbery and robbery qualified. The next chapter of this work deals with criminal liability and the associated fault and the same time in this chapter we find a brief description of the circumstances excluding illegality, which are related to criminal law. In the following chapter, the thesis deals with the descripsion of the obligatory features of the facts of each crime, which are the object, the objective page, the subject, the...
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Criminal Liability for Transmission of HIV infection
Stavrovský, Tomáš ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
The goal of my master thesis is to introduce the subject of criminal liability for spreading the HIV virus and to prompt the discussion of the expediency level of current legislation. Furthermore, it is also to introduce individual concepts of punishment for spreading the HIV virus and offer alternatives which are in this context self-evident. My thesis begins with the introduction, it then continues with three general chapters, two analytic chapters and a conclusion. The introduction presents the core sources of work and the methodology. The second chapter following the introduction is the explanation of the basic general connections to the phenomena of HIV and AIDS, in regards to new research which concerns curing and preventing the spread of the HIV infection, along with the historical context in which the debate about HIV and AIDS evolved, especially in Czechoslovakia, more specifically the Czech Republic. Furthermore it lists individual concepts of understanding this issue in specific countries as practical examples. The third chapter introduces the legislation that establishes the criminal liability for spreading HIV. I paid special attention to domestic legislation and particularly the law concerning public health, and the Criminal Code. The fourth chapter introduces in greater detail...
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Criminal Liability of Legal Entities and Compliance Program
Bureš, Richard ; Bohuslav, Lukáš (advisor) ; Tejnská, Katarína (referee)
The author of this thesis discusses the subject of criminal liability of legal persons and focuses primarily on the analysis of the most important substantive provisions of the Act. No. 418/2011 coll., which describe criminal liability of legal entities and proceedings against them (hereinafter ZTOPO) and entered into force on 1st January 2012. This act is still well- discussed and current even after 6 years of being in force, which can be seen by the number of amendments done to it since it became effective. This thesis aims to offer a comprehensive overview of the issue of criminal liability of legal persons and at the same time tries to capture the most important changes that have been made due to these 9 amendments. The thesis is divided into five parts. In the first part, the author deals with the historical background of criminal liability of legal persons. This part also contains path to the adoption of ZTOPO. The second and the third parts are the core of this paper. In the second part, the author analyses the imputability and the structure of criminal liability of legal entities in the Czech Republic. One part of this section is dedicated to the scope of criminalization of legal entities. The third part of the thesis deals with the possibility of legal entity to be exculpated through the...
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Criminal Liability of Legal Entities
Šelleng, Dalibor ; Jelínek, Jiří (advisor) ; Ivor, Jaroslav (referee) ; Bohuslav, Lukáš (referee)
It is more than 6 yeas as of the moment when Act No. 418/2011 Coll., on penal liability of legal entities and proceedings against them, entered into effect, however, in spite of it inland legal regulation still offers a number of key application and conceptional issues. The achieved objective of the dissertation work submitted was to provide comprehensive and detailed interpretation of the existing legal regulation of the conditions when criminal liability of legal entities is established and to point out, in that interpretation, to some of its particularities, deficiencies or ambiguities in the interpretation. In order to achieve that objective, the author dealt with not only Czech legal regulation as such, however, also with wider topics that clarify the origination of this form of penal liability but that can also help interpreting problematic legal institutes or be the basis for next amendments to the law, if any. For this purpose, the presented dissertation work is divided in four main chapters. The first part contains introductory and fundamental issues of the criminal liability of legal entities. As the sine qua non condition of the topic under investigation, it defines the term of "legal entity" and outlines the historical development of the concept of penal liability of legal entities in...
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