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Criminal proceedings against legal persons
Gebauer, Jan ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
1 Abstract The thesis deals with selected procedural issues of criminal proceedings against legal persons, especially those procedural institutes that are controversial in theory or application. The aim of this thesis is to point out and analyse these procedural shortcomings, which stem not only from the strict legal regulation of Act No. 418/2011 Coll., on criminal liability of legal persons and proceedings against them. To this end, the legal regulation is evaluated and the author bases his interpretation on the opinions of the professional public. To achieve this goal, the method of description, analysis, including linguistic interpretation is used. This thesis is divided into 4 parts in which the author elaborates on the procedural aspects of criminal proceedings against legal persons. The introductory part describes the basic concepts that are necessary to grasp the procedural issues and without which the interpretation would not be complete. The second part is devoted initially to the substantive law institute of "evolving from criminal liability" of a legal person, which, however, has an overlap into the procedural law context and thus deals in detail with the problem of shifting the burden of proof to a legal person, and in its conclusion states that it cannot be accepted in criminal proceedings...
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