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Delictual liability of legal entities and individuals undertaking business within environmental protection
Timková, Lucia ; Damohorský, Milan (advisor) ; Sobotka, Michal (referee)
This rigorous thesis deals with delictual lialibility of individuals undertaking business and legal entities within environmental protection. Under delictual liability we mean certain secondary liability to suffer the consequences of one's actions which arises in case of a violation of certain primary liability, usually set by a legal norm. Within the protection of environment, we encounter the term ecological-legal liability. Delictual liability can be specified as liability within administrative and criminal law, accompanied by environmental liability. There is no unified amendment for the first one within environmental protection and particular actus reus of regulatory offence can be therefore found in particular component laws. Administrative delicts of legal entities and individuals undertaking business then form an independent part of law and they are punished more severly than deliquencies of individuals. As far as criminal liability is concerned, its amendement is incorporated into the criminal code. Also, the criminal liability law for legal entities came into effect in 2012. The thesis also comprises the comparison with the Slovak legislation.
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Law Dealing with Environmental Crime in the Area of Illegal Trading of Fauna and Flora
Bareš, David ; Stejskal, Vojtěch (advisor) ; Franková, Martina (referee)
This thesis deals with legislation with the task of dealing with environmental crime in the area of illegal trading of flora and fauna in the Czech Republic. Of key importance for this thesis is the examination of domestic criminal legislation, it is supplemented by an excursion into related regulations of international law and European Union law. Introduce also the actual phenomenon of illegal trading of fauna and flora, its characteristic features, historical development, the articles most frequently traded, and other specific features that are typical of this type of illegal human activity. The theoretical bases of the thesis are enhanced by an examination of related practice in the form of practical examples, court rulings, and statistical data. Finally, this thesis also contains a few proposals for improving the existing legislation and raises some objections to practical application.
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Actual problems of criminal liability in medical treatment in connection with advance directives
Franková, Petra ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Title of thesis: Actual problems of criminal liability in medical treatment in connection with advance directives Abstract The main aim of this thesis is to analyze the topic of advance directives, recent institute in Czech legislation, its problems and mainly criminal liability in medical treatment, which is not summarized complexly in Czech professional literature. This thesis is composed of seven chapters, which are divided into sections and subsections. Chapter One is introductory and is dedicated to moral rights of a patient, which provide the basic starting points of this thesis. The chapter is subdivided into two parts. Part One describes evolution of rights of patients and part Two presents right to life, right to self-determination and finally right to protection of human dignity. Chapter Two analyzes advance directives. This chapter is subdivided into five sections. The basic characteristic is processed with respect to legislation, particular types, issues and critical aspects of advance directives. Chapter Three discusses the legal liability in healthcare. Chapter is divided into four sections; each is devoted to one of the civil, labor, administrative and disciplinary liability. Chapter Three is related to the following chapter, which deals with criminal liability and represents, with respect to...
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Protection of environment in criminal law
Gříbková, Andrea ; Humlíčková, Petra (advisor) ; Stejskal, Vojtěch (referee)
The final thesis is focused on the environmental protection in the Czech republic in the field of criminal law. Chapters are concentrated on the explanation of the basic elements, relations and principles for better orientation in the issue of criminal law environmental protection (Chapter 2). It also analyzes the evolution of the environmental protection in the Czech republic, in the European Union and on the international level in general (Chapter 3). The final thesis is mostly focused on the subject of the substantive criminal law (Chapter 4). The elements of a crime are defined and analyzed. Furthermore the attention is directed towards a criminal liability and sanctions in case of a violation of the environmental protection rules covered by criminal law justice. In its final chapter, the thesis concentrates on the procedural part of the criminal law (Chapter 5).
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Criminal liability in sports area
Šír, Roman ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
This thesis is dealing with the issue of a sportsman criminal liability in situations where he causes or attempts to cause injury and commits the offence against the health and life of a person. The thesis aims to describe and explain fundamental terms of the issue together with its the historical review, with regards to the autonomy of sport, the relationship of the sport rules with the legal rules of criminal law. The core part of the thesis devoted to the research of the issue with respect to relevant statutes, sport self governing rules, legal literature and judicial decisions. First part of the thesis is consisted of legal analysis on whether injury caused during sport can amount to criminal offence. Such legal analysis is conducted in a manner whereby the the individual ingredients of an offence are confronted with conduct of sportsmen. The author does not forget to apply circumstances excluding criminal liability in the field of sport injuries. The applicable circumstances are the consent of the injured, excusable risk, exercise of rights and permitted activity. The conditions for individial circumstances to apply are thoroughly analysed. These condition are confronted with the circumstances in sport`s field in light of sport injury. The thesis also deals with the theories of the criminal...
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Criminal liability in environmental protection
Turečková, Lucie ; Stejskal, Vojtěch (advisor) ; Humlíčková, Petra (referee)
75 Abstract Criminal liability in environmental protection Presented dissertation deals with a very current topic, which is environmental protection through the criminal law standards. It mostly deals with criminal environmental protection instruments in the Czech Republic and puts them into the international and European context. It describes the conditions of a criminal liability with an emphasis on the criminal liability of the legal persons, a new element in Czech law. A big part of this dissertation is dedicated to the individual environmental crimes, which can be found in the criminal code in a part VIII or in another parts within the special part. Two chapters are dedicated to analysis of the two crimes in detail - Damage and threats of the environment (including its negligent forms) and Animal abuse including the historical development of it. The aim of this dissertation is an analysis of actual and efficient legal regulation.
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Criminal liability of legal entities for environmental protection
Plešmíd, Ondřej ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee)
This thesis deals with the criminal liability of legal entities in the environmental law. The new law on criminal liability of legal persons represents a big change in the existing conception of Czech criminal law. The first three chapters talk about basic concepts with which this thesis works. The Czech Republic is active subject in the field of international and EU law, therefore the following chapter is dedicated to the legislation of this issue in international and EU context. Chapter seven of this thesis direct talks about current Czech legislation of the criminal liability of legal entities. The chapter describes the historical development and current condition of the law of the Czech Republic and comparison of Czech and Austrian legislation. The end of this thesis describes the characteristics of several crimes against the environment, which, according to current legislation, legal entities can commit.
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Selected problems of the sport from the perspective of criminal law
Bauer, Petr ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The thesis deals with the issue of criminal liability for actions occurring in the field of sport. Specifically, it chooses and examines the fields of sports injuries caused between athletes and corruption in sport. In its broadest conception it is divided into three parts. In the initial part the specifics of the society-wide phenomenon sport and substantial "non-legal" concepts of issues are described, in particular concept of sport, its category, the autonomy of sport and sport rules are defined here. The main part deals with the issue of criminal liability of athletes for causing injury to another. Whether certain actions involving a sports injury meets the definition of a crime is discussed in the context of current legislation. Followed by the research of the possible application of the concrete legal defenses for mentioned actions. For example researched legal defenses are consent of the victim or excusable risk. In this section are most mentioned and analyzed the selected theories of sports and legal doctrines that are often based on similar concepts as concrete legal defenses. Maybe the most substantial de lege ferenda considerations follow that describe possible solutions involving the definitions of sports excess and the special legal defense - sports risk. The interesting practice of...
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Delictual liability of natural persons within environmental protection
Žejšková, Pavlína ; Stejskal, Vojtěch (advisor) ; Sobotka, Michal (referee)
Delictual liability of natural persons in the environmental protection I have chosen the subject delictual liability of natural persons in environmental protection for topic of my Master's degree thesis. The first reason why I have opted for this subject is due to the fact the environment is present everywhere and is a resource that needs to be protected as it is necessary to the human kind to survive. The law is one of the most powerful tools that can help protecting the environment. The second reason is that it does allow me to link several other law areas of interest which are administrative, criminal and environmental. The thesis contains three main parts. The first one is mainly dedicated to the legal liability while focusing on the responsibility in the environmental law. Also are mentioned the fundamental principles of the delictual liability in the Constitution. The second part relate to the criminal liability of natural persons in the environmental protection, starting from the basics of the international and European Union law. Further to this I have reviewed the past history in the Czech Republic, with supporting dated examples, showing how effectively the environment has been preserved by the criminal law. I have continued with a review of the current situation of how the environment is being...
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Criminal aspects of sport
Měchura, Marek ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
Master's degree thesis: Criminal aspects in sport SUMMARY The purpose of my thesis is to analyse relationship between sport and Penal Law, especially criminal aspects in sport such as causing injury to another person in sports and bribery in sports. The thesis is composed of six chapters, each of them dealing with different issues. Chapter One concentrates on historical connexion in ancient Greece and Rome. There is a big difference between current sport and sport in that ages, so the opinion of Platon or Solon in this area are really interesting. The chapter Two is subdivided into three parts. Part One describes position of sport in legal order and explains relationship between sport and Penal Law. Part Two deals with specific definition of relation between legal rules and sports rules. Part Three explains the function of sports rules for the purpose of Penal Law. Chapter Three examines criminal lability of sportsmen for causing injury. The chapter consists of four parts. Part One focuses on theories in this area, unfortunately none of them is not global. Part Two describes the legal solutions in Cuba and Ecuador. These state have special legal regulation . Part Three tackles the issue of formal element of crime in sports injury and part four explains which sports misconducts could be classified as crime....
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