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Sanctioning of legal person
Hron, David ; Bohuslav, Lukáš (advisor) ; Tejnská, Katarína (referee)
1 Abstract This diploma thesis deals with the analysis of the issue of sanctioning of legal persons as well as with selected aspects of criminal liability of legal persons. The main reason why I chose this topic is my deep interest in analyzing the discussed issues together with the evaluation of the current state of the Act No. 418/2011 Coll., On Criminal Liability of Legal Persons and the Proceedings against them, and on the basis of this evaluation to submit proposals for improvement. At the beginning of this work, the reader will find a presentation of the basic structure, along with an outline of the main goals of the thesis, and then it will be divided into five basic chapters. The first chapter defines the basic concepts of criminal liability of legal persons related to their sanctioning. There is a theoretical definition of a legal person due to the absence of a definition of this term in czech criminal law. After defining the theoretical basis of criminal liability of legal persons, the development of this institute is outlined, together with the question of sanctioning the legal persons that are primarily involved in this work. The second chapter focuses on the development of criminal liability of legal persons. Due to the fact that origin of the criminal liability of legal persons is in the...
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Criminal liability of legal entities and possibility of their exculpation through compliance programmes
Doležal, Michal ; Galovcová, Ingrid (referee)
This master's thesis focuses on the topic of criminal liability of legal entities, particularly on the concept of exculpation within the meaning of Section 8 subsection 1 paragraph b) and subsection 5 of the Act No. 418/2011 Coll., Act on Criminal Liability of Legal Entities and Proceeding Against Them. The reason for our focus rests in fact that the legal rules regulating the concept of exculpation in this act are highly controversial among legal scholars and legal practitioners where there is usually no relevant case law providing answers for resolving such controversies so far. The aim of this thesis is to introduce to the domestic law a not very familiar instrument of a compliance program consisting of preventive, detective and reactive measures designed to prevent criminal behaviour within legal entities, to eventually detect such behaviour and to respond to such behaviour. Concurrently, an effective compliance program can fulfil conditions for the application of the exculpation provisions. Even though the focus of this thesis is on criminal liability of legal entities, it does not omit the context of administrative and civil liability. The thesis is divided into four chapters. The first chapter introduces the concept of criminal liability of legal entities in a broader historic, legal and...
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Economic crime and its prevention
Trešlová, Johana ; Zoubková, Ivana (advisor) ; Marešová, Alena (referee)
The main purpose of this thesis is to define the term "economic criminality" and the terms related; the role of economic crime within the legal doctrine itself as well as in the Czech legal system over the course of time; determining the specifics of economic crime while stressing the role of the offender, efficiency of punishment, control and prevention of this type of crime. This thesis consists of four chapters. The first part is dedicated to the definition of crucial terms on the national and international level. I also described the legislative evolution of economic crime and the protection of possession in the Czech legal system. I listed economic crimes de lege lata, while at the same time remembering the crimes that do not fall under the economic crimes section per se. Later on, I comment on some particular attributes of economic criminality with special focus on the profile of the perpetrator which is rather atypical. This fact unfortunately makes the efforts of the law enforcement authorities so much more difficult and it complicates their work especially towards construction of the adequate preventive measures etc. I also dedicate one section to the topic of corporate criminal liability which has a strong connection to the economic crime. The victims of economic crime find themselves in...
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Selected issues of the Criminal Liability of Legal Entities in the Czech Republic
Radová, Zuzana ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
1 Selected Issues of the Criminal Liability of Legal Entities in the Czech Republic Summary This thesis focuses on the selected issues of the criminal liability of legal entities in the Czech Republic, concretely the Act No. 418/2011 Coll. on Criminal Liability of Legal Entities and Proceedings against them. The main purpose of the thesis is to pick the most unclear provisions as well as the ones that cause that the criminal proceedings are not really effective. The first chapter analyzes the circumstances of ratification of the Act into the Czech legal system and the discussions connected to the ratification. The second chapter describes the chosen conception of the criminal liability of legal entities. Following chapters deal with the chosen pitfalls related to the application of the Act. The third chapter covers the § 7 of the Act and the extent of the crimes which are listed in this provision. The main problem regarding this provision is the fact, that on one hand we can find some crimes that can be hardly committed by legal entities and on the other hand we cannot find several offenses that could be expected to be committed mainly by the legal entities, e.g. infringement of the competition rules under the § 248/2 of the Criminal Act No. 40/2009 Coll. The fourth chapter focuses on § 8, firstly how the...
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Criminal liability of legal entities and possibility of their exculpation through compliance programmes
Doležal, Michal ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This master's thesis focuses on the topic of criminal liability of legal entities, particularly on the concept of exculpation within the meaning of Section 8 subsection 1 paragraph b) and subsection 5 of the Act No. 418/2011 Coll., Act on Criminal Liability of Legal Entities and Proceeding Against Them. The reason for our focus rests in fact that the legal rules regulating the concept of exculpation in this act are highly controversial among legal scholars and legal practitioners where there is usually no relevant case law providing answers for resolving such controversies so far. The aim of this thesis is to introduce to the domestic law a not very familiar instrument of a compliance program consisting of preventive, detective and reactive measures designed to prevent criminal behaviour within legal entities, to eventually detect such behaviour and to respond to such behaviour. Concurrently, an effective compliance program can fulfil conditions for the application of the exculpation provisions. Even though the focus of this thesis is on criminal liability of legal entities, it does not omit the context of administrative and civil liability. The thesis is divided into four chapters. The first chapter introduces the concept of criminal liability of legal entities in a broader historic, legal and...
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Criminal liability of legal persons in relation to public procurement
Suchomelová, Hana ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
7 Abstract Criminal liability of legal persons in the context of public procurements The presented thesis deals with criminal liability of legal persons who take part in procedure of public procurement. Thesis operates with Act No. 134/2016 Coll., Public Procurement Procedure Act (hereinafter also referred to as "PPP") taking in regard the former legislation Act No. 137/2006 Coll., Public Procurement Act. In context of future changes, it is dealt with Act No. 418/2011 Coll., Criminal Liability of Legal Persons and Proceedings against Them (hereinafter also as "TOPO"), whereas attention is focused on amendment of TOPO, which is the Act No. 183/2016 Sb., effective from 1st December of 2016. The Introductory chapter deals with public procurements and offers a brief insight into this subject matter. It defines the term of Public Procurement, specifies the term of contracting authority and gives a general overview of the procedure along with applicable principles. By the end the chapter summarizes some of the most significant changes brought by the new Act on PPP. The second chapter looks into some of the aspects of criminal liability of legal persons related to public procurements, which involves specific sanctions for legal persons from participation in public procurement procedure or sanction of...
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Criminal liability of entrepreneurs related to their business activity
HODKOVÁ, Kateřina
This diploma thesis concerns the theme of criminal liability of entrepreneurs relation to their business activity. It is focused on the criminal liability only in the Czech Republic. The first chapters descripe the criminal liability of natural persons, the criminal liability of legal entities, the comparison of the criminal liabilities of the two types of subjects and the analysis of selected criminal offences. The second part of this diploma thesis is focused on the analysis of selected case-law. Propositions de lege ferenda are included in this diploma thesis.
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Criminal Liability of Legal Persons
Marešová, Adéla ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Criminal liability of legal persons Abstract The author of the thesis deals with the issue of criminal liability of legal persons, from the position of her advocate. The purpose of the study is to stress the need to introduce this institute into the legal systems of democratic states, but at the same time to deal with the problems brought by its Czech substantive law. In the first part of the thesis the author discusses the legal aspect of criminal liability of legal persons, summarizes opinions for and against the introduction of criminal liability of legal persons, and examines the criminological aspects of corporate crime. The second part of the thesis focuses on the differences, advantages and disadvantages of three basic models of criminal liability of legal persons - true, false and administrative. The author commends that the Czech Republic has proceeded to introduce true criminal liability of legal persons. The third part explains the term legal person itself. In the pivotal fourth part of the thesis, the author deals critically with the individual substantive provisions of the Czech law implementing the criminal liability of legal persons and proposes a solution de lege ferenda. The last part evaluates the whole issue using statistical data on the number of convicted legal persons in the Czech...
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Criminological factors related to crime of legal entities
Freimannová, Anna ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
This thesis analyses criminological factors related to crime of legal entities. Criminal liability of legal entities has not been a subject of such extensive research as criminal liability of natural persons, let alone criminology of crime of legal entities - the origins of this field first appeared in the first half of 20th century, when the criminologist E. H. Sutherland introduced and described a white-collar crime phenomenon. Crime of legal entities is an up-to-date issue, being a phenomenon of a considerable danger and it is desirable to make it a subject of a comprehensive research in order to find the most suitable prevention or an adequate reaction to that crime. Understanding criminological factors related to crime of legal entities can help to prepare matching provisions which can serve as an efficient tool for prevention of and response to this type of crime. This thesis is divided into four chapters. The first one addresses the crime of legal entities in general - it describes the historical evolution of crime of legal entities in the Anglo-American judicial system and its variations in the continental judicial system. After that is presented the history of legal regulation in Czech Republic and its current state. The second chapter discusses the criminological factors related to crime...
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Issues of criminal liability of legal entities
Adamíra, Jiří ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
1 Abstract Issues of Criminal Liability of Legal Entities The aim of the thesis is to analyse and evaluate the current legal regulation of criminal liability of legal entities regarding the most problematic institutions of law contained in the Act No. 418/2011 Coll., on Criminal Liability of Legal Entities and Proceedings against Them, which came into effect on 1 January 2012. The subject of the thesis is current and still developing, based on the increasing amount of convicted legal entities. The regulation is affected by numerous amendments. Despite the lawmaker's effort, the act contains many problematic provisions criticized by experts. Therefore, new amendments can be expected in the near future. The thesis is composed of five chapters. Chapter One deals with the general issues regarding the criminal liability of legal entities, its progress in the Czech Republic, the process of passing the Act on Criminal Liability of Legal Entities and the arguments in favour of and against the enactment of the regulation. Chapter Two focuses on the substantive criminal law incorporated in the Act on Criminal Liability of Legal Entities and examines institutions of law contained in the aforementioned act, mainly its problematic parts. Chapter Three concentrates on sanctioning of legal entities, because the Act on...
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