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The liability and the guarantee for the acting of enterpreneurs
TVRDÍKOVÁ, Šárka
The aim of this thesis is to give an interpretation on the responsibility and liability of the statutory bodies of the company, as the statutory body presents a series of rights and obligations, the omission or improper performance can have on society and individuals far-reaching consequences. The thesis contains an analysis of the Act No. 418/2011 Coll. the criminal liability of legal persons and proceedings against them, defining the type of criminal liability of legal persons in Europe and comparison of Czech and Slovak legislation. At the conclusion are included proposals de lege designed law relating to the provisions of Act No. 418/2011 Coll.
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Criminal liability for breaching Competition Law
Najmanová, Nikola ; Boháček, Martin (advisor) ; Vozáb, Jakub (referee)
The aim of this paper is to analyze criminal liability for breaching competition law. The main part of this thesis is dedicated to criminalization of cartels in the Czech Republic analysis which uses comparison to other jurisdictions such as USA and EU because it is trying to answer the question whether criminalization of uncompetitive conduct in the Czech Republic has a potential to become an efficient mechanism for fighting cartels in particular. And this criminalization has a positive effect on other competition law enforcement systems. The first chapter is dedicated to the explanation of basic terms related to the competition and competition law. Second chapter explains what cartel agreements are and what types of public and private enforcement exists to fight them. Also it points out to the trend of cartel criminalization. Third chapter analyzes cartel enforcement in USA as a model country in this area of law. Chapter number four looks into the EU legislation since it applies to the Czech Republic. Also it looks at individual member states steps towards fighting cartels. The last chapter dealing with cartel agreement analyzes the Czech Republic's legislation. This analysis is supported by previously acquired knowledge of US and EU legislations which is used to make comparisons. Final chapter continues with the analysis of Czech legislation however this time with unfair competition in order to provide a complete picture of criminal liability when breaching the competition law.
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Criminal liability of legal entities - from the bill to the forceable enactment
Stachová, Monika ; Kuba, Jaroslav (advisor) ; Horký, Bohuslav (referee)
The Act on criminal liability of legal entities and proceedings against them became effective on 1 January 2012. Although it is a highly controversial law disrupting the established criminal law principles, the Czech Republic was one of the few European Union member states whose laws did not embed criminal liability of legal entities in its laws. An effort concerning solving this problem appeared as far back as 2004, the Chamber of Deputies, however, rejected the original bill. Perhaps due to the international pressure or due to the increase in crimes committed by legal entities, in 2011, the second bill was already approved. This thesis deals with the arguments and process of discourse, from which emerged the valid enactment, as well as an explanation of some of the principal provisions of the Act and also the international scheme of criminal liability of legal entities. It is difficult to anticipate the specific impact of the Act due to its short effect and therefore the thesis on criminal liability of legal entities is more of a theoretical than practical.
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Liability of the statutory body in the field of criminal law
Nemerád, Petr ; Moravec, Tomáš (advisor) ; Neděla, Radek (referee)
The bachelor thesis "Liability of the statutory body in the field of criminal law" deals with the characteristics of criminal liability of statutory body in current legal regulations (May 2012). The aim of this thesis is to provide overall information about criminal liability of statutory body. The thesis is divided into six chapters. The first one deals with the legal liability in general. The second chapter describes criminal liability. The following chapters characterize the position of the statutory body in criminal law and criminal liability of persons acting on behalf of legal entity. The last chapter focuses on potential offences of members of statutory body and analyses one of them.
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Health and social aspects of the decrease of age limit of the criminal responsibility
SCHAFHAUSEROVÁ, Martina
The name of the thesis is "Health and social aspects of the decrease of age limit of the criminal responsibility." The thesis describes the historical development of the criminal and legal liability of the youth and the present legal regulation, especially the Declaration of Basic Rights and Freedoms, Convention on the Rights of the Child, Act on Social and Legal Protection of Children, Family Act, Criminal Law, Penal Proceedings Act, Act on Judicial System in the Matters of Youth, Act on execution of institutional education or protective education in school facilities and preventively educational care in school facilities and Act on Probation and Medication Service as amended. Moreover it describes the age limit of the criminal liability in the Czech Republic and abroad. The thesis deals with cause and manifestation of youth criminality. The target number 1 was to find out, based on opinions of experts from the field of the social and legal protection of children and judicial system in the matters of youth, if the decrease of the limit of criminal liability would be suitable, or by how many years the limit of the criminal liability should be decreased. The target number 2 was to set and to characterise the possible health and social consequences of the possible decrease of the criminal liability limit. The research was performed by the qualitative method the base of which was a talk with experts from the branch of social and legal protection of children and judicial system in the matters of youth. The base was asking half-closed questions prepared in advance. The research file included: judge for the youth, state prosecutor, lawyer, 6 employees of probation and mediation service and 5 employees of the body for social and legal protection of children. It follows from the research that the prevailing part of the addressed experts agrees to the current legal regulations concerning the limit of criminal liability. Based on acquired information and achieved goals, the thesis could be a good contribution to the lasting discussion concerning preserving or decreasing the limit of criminal liability and bring arguments for the given statements especially from the health and social viewpoint.
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Criminal Responsibility of Legal Entities
Švepeš, Petr ; Boháček, Martin (advisor) ; Žák, Květoslav (referee)
The thesis deals with the legal institution of the criminal responsibility of legal entities and a feasibility of its implementation in the Czech law. The main objective of the thesis is to find an answer to the question if the implementation of the institution is neccessary in the Czech republic and eventually in which form and parameters. The first part of the paper describes the current state of legal regulation in the Czech republic and contains a comparative analysis of legal regulation in France, Austria, Germany, Slovenia, Slovakia, Great Britain and United States. In the end of the theoretical part the paper discusses relevant liabilities of the Czech republic arising from international treaties and european law. In the second part the paper focuses on scolarly debate on the possible implementation, its advantages and disadvantages. The core of the paper lies in the critical reflection of existing drafts of the law on criminal responsibility of legal entities and author's own speculation about a possible legal regulation in the Czech republic
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The Leniency programme in cartel law and its consequences in practice
Kolářová, Tereza ; Boháček, Martin (advisor) ; Vozáb, Jakub (referee)
The final thesis deals with the Leniency programme, as one of the most important instrument of the Office for the Protection of Competition and the European Commission for detecting of cartel agreements. The aim of the thesis is to analyze regulation of the Leniency programme in the Czech Republic, from the practical point of view find out how participants of cartel agreements use the programme and whether it is effective from the view of the Office for the Protection of Competition. The thesis should also involve formation and development of the programme and how it is influenced by European law. The thesis is divided into 4 parts. The first part deals with cartel agreements. The second part focuses on cartel law enforcement which is divided in term of law regulation into public and private enforcement. The third part is the core of the theoretical part of the thesis, it presents in detail the regulation of the Leniency programme within the European Union and in the Czech Republic, there are problems of the program and their possible solutions outlined as well. The fourth part concerns the practical point of view of the Leniency programme, its harmonization among the member states of the European Union and its application in the Czech Republic in decisions of the Office for the Protection of Competition.
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