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Criminal aspects of assisted reproduction
Paták, Milan ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The concept of assisted reproduction is widely discussed by both professional and lay public. New scientific discoveries in the fields of biology and medicine as well as the use of methods and procedures that enable the emergence of new life raise number of issues, not only the legal ones. The purpose of this thesis is to provide the comprehensive survey of criminal law relationships which may arise in the context of providing the assisted reproduction. The thesis examines whether the current legislation guarantees sufficient protection of relations, interests and values covered by the Criminal Code. Within the analysis of crimes the thesis deals with the need for criminal repression and gives proposals de lege ferenda. The thesis is composed of five chapters. The first chapter is subdivided into two parts. Part One defines the concept of assisted reproduction, describes the historical overview of the events that preceded the current interpretation of the concept and explicates basic medical terminology related to the chosen topic. Part Two presents the basic principles on which the Czech regulation is established and contains specification of the relevant sources of law. The second chapter briefly characterizes the criminal and medical law and clarifies their relationship. The third chapter deals with the...
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Criminal Liability of Legal Entities in Health Care
Kováčiková, Veronika ; Bohuslav, Lukáš (referee)
Criminal Liability of Legal Entities in Health Care Abstract The submitted diploma thesis deals with the institute of criminal liability of legal entities in health care. The main objective of this thesis is to define all the requirements and essential elements of criminal responsibility of legal persons, especially healthcare providers. We also look into the most critical aspects of providing healthcare services in which a criminal offense may be committed. Concepts of criminal law are considered in the context of medical law. Thesis is divided into five main chapters. The first chapter focuses on conditions of criminal liability taking into account the specifics of the topic. Attention will also be paid to attributability of a crime to a legal person as well as to legal regulation in United Kingdom and France. In the second chapter we describe the most common circumstances excluding illegality in medicine. We particularly focus on medical intervention, research and experiment. These are not only accepted but also beneficial. The third chapter deals with the main concepts of medical law. If healthcare providers comply with related legal provisions, they significantly reduce the risk of committing an act against the law. Special emphasis is placed on lege artis procedure as an objective measurement of...
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Criminal Liability of Legal Entities in Health Care
Kováčiková, Veronika ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Criminal Liability of Legal Entities in Health Care Abstract The submitted diploma thesis deals with the institute of criminal liability of legal entities in health care. The main objective of this thesis is to define all the requirements and essential elements of criminal responsibility of legal persons, especially healthcare providers. We also look into the most critical aspects of providing healthcare services in which a criminal offense may be committed. Concepts of criminal law are considered in the context of medical law. Thesis is divided into five main chapters. The first chapter focuses on conditions of criminal liability taking into account the specifics of the topic. Attention will also be paid to attributability of a crime to a legal person as well as to legal regulation in United Kingdom and France. In the second chapter we describe the most common circumstances excluding illegality in medicine. We particularly focus on medical intervention, research and experiment. These are not only accepted but also beneficial. The third chapter deals with the main concepts of medical law. If healthcare providers comply with related legal provisions, they significantly reduce the risk of committing an act against the law. Special emphasis is placed on lege artis procedure as an objective measurement of...
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The Criminal Offence of Failure to Provide Assistance in the Context of Healthcare
Cimlerová, Jana ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The Criminal Offence of Failure to Provide Assistance in the Context of Healthcare Abstract The diploma thesis deals with the specifics of the criminal offence of failure to provide assistance which arise when the perpetrator is a healthcare worker. The thesis analyses the conditions under which the obligation to provide assistance arises from affiliation to a healthcare profession applies, and the content of this obligation. Given that the exercise of a healthcare profession is an activity significantly regulated by non-criminal regulations, the obligation in question is interpreted in the context of the entire legal order. The initial proposition is that the obligation in question is narrower than literal interpretation of criminal law provisions may imply, if interpreted in isolation. Contrary to the general assumption, both the range of persons to whom the provision applies, as well as the conditions under which the obligation arises, and quality of the required level of the assistance, are limited. In its first part, the paper first deals with the definition of key terms (with focus on the concept of a healthcare worker) and defines the basic obligations that the legal system imposes on healthcare workers. The subsequent part is devoted to explications of the criminal offence of failure to provide...
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Criminal aspects of assisted reproduction
Škurlová, Dagmar ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Criminal aspects of assisted reproduction Abstract The work deals with one of the most dynamically developing medical disciplines - assisted reproduction, the introduction and development of their technologies are considered one of the greatest advances in medicine in the 20th century. The purpose of this thesis is to provide the consistent overview of criminal law relations which may arise within providing assisted reproduction and to analyze the individual facts of crimes related to assisted reproduction, which should verify whether their wording provides sufficient protection for relations, interests and values covered by the Criminal Code. The thesis is composed of six chapters. The first chapter presents the fields of criminal law and medical law and examines the relationship between criminal law and health care system. The second chapter lists the conditions of criminal liability of natural and legal persons and lists the ground establishing the absence of criminal liability. The third chapter defines the concept of assisted reproduction, characterizes its methods, provides a historical overview of events that preceded the current interpretation of the concept. The third chapter also provides an overview of the principles that apply in this field of medicine and a list of sources governing the issue....
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Criminal aspects of assisted reproduction
Paták, Milan ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The concept of assisted reproduction is widely discussed by both professional and lay public. New scientific discoveries in the fields of biology and medicine as well as the use of methods and procedures that enable the emergence of new life raise number of issues, not only the legal ones. The purpose of this thesis is to provide the comprehensive survey of criminal law relationships which may arise in the context of providing the assisted reproduction. The thesis examines whether the current legislation guarantees sufficient protection of relations, interests and values covered by the Criminal Code. Within the analysis of crimes the thesis deals with the need for criminal repression and gives proposals de lege ferenda. The thesis is composed of five chapters. The first chapter is subdivided into two parts. Part One defines the concept of assisted reproduction, describes the historical overview of the events that preceded the current interpretation of the concept and explicates basic medical terminology related to the chosen topic. Part Two presents the basic principles on which the Czech regulation is established and contains specification of the relevant sources of law. The second chapter briefly characterizes the criminal and medical law and clarifies their relationship. The third chapter deals with the...
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The obligations of health services providers
PRÁŠKOVÁ, Martina
This Bachelor´s thesis deals with duties of health care providers in the Czech Republic. The objective of the thesis was to find out whether, from the patient´s point of view, the providers respect their duties imposed by the law. The theoretical part defines health care providers, ways to obtain the authorisation for providing health care and other conditions related to providing health care according to Article 372/2011 ("zákon č. 372/2011 Sb., o zdravotních službách a podmínkách jejich poskytování"). For better orientation in the topic, the thesis analyses types of healthcare facilities, in which health care is provided. The thesis also mentions general terms for providers. Furthermore, it describes in detail and analyses discussed duties, such as informed consent, confidentiality, which can be related to healthcare documentation or to the issue of secret childbirth. The practical part includes a quantitative research based on a questionnaire survey. The questionnaire was filled in by 100 respondents coming from various regions in the Czech Republic. The questions were directed, so that the given hypotheses could be either confirmed or disapproved. Using the chi-squared test, all four hypotheses were confirmed on the basis of respondents´ answers. It has been found out that the providers respect the duties on providing health care with the patient´s informed consent and this notification is carried out in a comprehensible way. Next, the survey shows the respondents find correct to take a minor patient´s opinion on providing health care into consideration. Even the last hypothesis about respecting the patient´s privacy has been confirmed. The given objective of the thesis has been accomplished. The providers respect duties imposed by the law. The thesis defines providers´ duties patients may commonly experience, patients can also point out the non-performance of these duties. The thesis may help laymen to understand better the issue of providers´ duties and to realize their rights that they are not often aware of.
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Value added tax in health care
Melicharová, Eva ; Zídková, Hana (advisor) ; Kramata, Jakub (referee)
The aim of this diploma thesis is to practically analyse the application of a value added tax in healthcare services. The thesis focuses on a correct identification of the output tax in healthcare services. Since an accountant or a tax adviser can carry out this identification only in a cooperation with a doctor, the text is accompanied by summary tables for healthcare workers. The first chapter focuses on basic aspects of economy in a healthcare sector. The second chapter analyses related Czech and European legislations. The third chapter explains the correct identification of VAT in selected healthcare services. The last chapter analyses VAT in questionable healthcare services - medical reports based on german tax office interpretations.
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