|
| |
|
|
Sanctioning of Legal Persons
Březinová, Kristýna ; Tlapák Navrátilová, Jana (advisor) ; Ivor, Jaroslav (referee) ; Stibořík, Vladimír (referee)
The purpose of this Dissertation Thesis is to comprehensively set forth the issue of sanctioning of legal persons and also to critically evaluate it. The present Thesis is divided into five chapters. Firstly, the basic terms related to sanctioning of legal persons are defined and the institute of criminal liability of legal persons is expounded including evolution of the legislative in task as well as exposition of the legislation in force. The core of this Dissertation Thesis constitutes detailed analysis of sanctioning of legal persons. Attention is payed not only to stipulations on sanctioning of legal persons included primarily in the Czech Act on Criminal Liability of Legal Persons and Proceedings against Them, but above all the attention is drawn to suggestions on legislative changes de lege ferenda in relation to sanctioning of legal persons. The Author suggests incorporation of new sanctions such as pecuniary punishment against registered capital or supervision over legal entities executed by insolvency administrators or for example integration of a new provision covering mitigating and aggravating circumstances related specifically to legal persons. This Dissertation Thesis also covers current statistics regarding the imposition of sanctions on legal persons and draws interesting...
|
|
|
Circumstances excluding punishability
Kabát, Robert ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee) ; Stibořík, Vladimír (referee)
214 SUMMARY Circumstances excluding punishability 1. The main purpose of this thesis is to analyze the nature of the circumstances, which are standardized in Czech criminal law, as circumstances excluding unlawfulness. Main focus is on two of them that, in both historical and international comparison, are not in all circumstances conceived as so-called justification (circumstance excluding unlawful- ness), but also as a reason for excluding subjective criminal liability (excuse). 2. The concepts of criminality, criminal liability and anti-legality in their various con- cepts, which can be found in the theory of criminal law, are first analyzed. Thus, in par- ticular, the concepts of formal and material criminality, formal and material unlawfulness, so-called criminal unlawfulness and special unlawfulness are clarified consecutively. The result of this investigation is the conclusion that unlawfulness is only one and expresses a contradiction with the whole legal order. This concept should be distinguished from the concepts of criminality (as attribute) and criminal liability. Unlawfulness is their condi- tion. In this general part, the place of unlawfulness in the system of elements of crime, and its functions in that system are analyzed. 3. In the second part, the thesis focuses generally on the...
|
|
|
Criminal and criminological aspects of the criminal offence of rape
Josef, Filip ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee) ; Stibořík, Vladimír (referee)
Even though it may not seem like it at first glance, the phenomenon of rape conceals in fact much more than anyone who has ever faced this problem we are dealing with could say about it. Worse, it is these people, the vast majority of them men, where the tendency is to downplay this crime and, under the influence of ignorance and myths associated with rape or even religion and ideology, often see it as made up by the victims or as completely removed from the intentions of the offender. And because the aim of this work is not only to provide a view of rape in terms of criminal law, but also from a criminological, i.e. view of a number of other scientific disciplines, that this is indeed the case, that rape cannot be seen in this manner, this is also - and no less important - the task of this work. The fundamental part of this work, as a work looking at the issue addressed especially in terms of criminal law, and its main investigative contribution provide not only an analysis of the various elements of the crime of rape, but primarily an attempt within it to completely categorize all hitherto considered and neglected forms of sexual behavior within individual - prescribed by law - forms of sexual intercourse. The same is true then and the main investigative contribution of this work can be...
|
|
| |
|
| |
|
| |
|
| |
|
| |
|
| |
guest ::
