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Issues of criminal liability of legal entities
Šťastný, Jakub ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The topic of this Master's thesis is the analysis of criminal liability of legal entities in the Czech republic that is contained in the Act no. 418/2011 Sb., on Criminal Liability of Legal Entities and Procedure against them, which was adopted on 22. 12. 2011. It is a topical isuue, which still contains a lot of unanswered questions. The aim of the thesis is to familiarize the reader with this new institute in the Czech legal system, with which there are not many practical experiences yet. Taking into account the extent of the thesis, it does not include a comprehensive analysis, but it focuces on key issues in the legal regulation. The work is also dedicated to the regulation of this institute in the Spanish legal system. The thesis is divided into three chapters. The first chapter deals with general issues that are related to the criminal liability of legal entities. It presents the historic development, models of liability of legal entities for offences, international regulation, corporate criminal liability in the Common law system and the reasons for and against introducing criminal liability of legal entities into legal system. The second chapter is devoted to the analysis of current legislation criminal liability of legal entities in the Czech Republic. It is focused on the nature of the...
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Crime of murder and manslaughter under section 140, 141 of the criminal code
Kočka-Amort, Václav ; Hořák, Jaromír (advisor) ; Vokoun, Rudolf (referee)
Resumé This Master's thesis concerns murder and manslaughter under ss. 140 and 141 of the Czech Penal Code. It is impossible to solve this problem globally, because it is a very broad topic. The thesis focuses on s. 140 (3), which covers qualified murders. The author tries to describe qualified elements in such murders on the background of jurisprudence and court decisions; then he considers them. The qualified elements under s. 140 (3) of the Czech Penal Code are divided into seven chapters. The author not only describes the elements in each chapter, he also tries to analyse the possibility of legal qualification of manslaughter in situations, where qualification elements under s. 140 (3) of the Czech Penal Code are formally satisfied. Each of the chapters contains a brief comparison with German law, too. The thesis is composed of ten chapters. Chapter One is the introduction to murders and intentional killings generally. It provides the system of intentional killings under the Czech Penal Code, Czech legal history of such crimes, obligatory elements in murders and it deals with differences between affective and premeditative murders. Chapter Two introduces legal regulation of qualified elements under s. 140 (3) of the Czech Penal Code. The following seven chapters are the main part of the thesis. Chapter...
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Criminal liability of legal entities
Žižková, Anna ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Resume Criminal liability of legal entities is relatively new institute in continental legal culture and the Czech republic was one of the last countries in Europe that accepted this concept. In addition, this concept was introduced not by the conviction of its necessity, but for reasons of international policy. Criminal liability of legal entities, however, was introduced to Czech law by Act no. 418/2011 Sb., on Criminal Liability of Legal Entities and their Prosecution. Therefore it is necessary to deal with this issue. The aim of this thesis is to make a comprehensive analysis of the Act on Criminal Liability of Legal Entities and their Prosecution, to analyze its most important provisions, as well as to define the provisions which are considered problematic, together with proposals for amendments and further innovation of current legislation. The first chapter defines the concept of legal entity that the Act on Criminal Liability of Legal Entities and their Prosecution doesn't define itself. The second chapter contains a summary of the events that led to the adoption of the Act, further consideration about the models of liability of legal entities and mentions the main arguments for and against adopting the Act. The third chapter provides an analysis of the Act, its structure and defines new principles...
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Europeanization of Criminal Law
Polách, Marek ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Europeanization of Criminal Law This thesis deals with Europeanization of Criminal Law. The topic itself is broad, selected issues of Europeanization of Criminal Procedural Law are therefore emphasized. In the introduction, certain problems which accompany the Europeanization in a Criminal Law field are presented. The biggest obstacle is a close connection of Criminal Law with state sovereignty, which is something that states are reluctant to restrict in favour of European Union. Another hindrance to Europeanization is a difference among national criminal regulations, which make an achievement of a compromise regarding the harmonization harder. The first chapter concentrates on the terms Europeanization of Criminal Law, European Criminal Law and Criminal Law of the European Union. Their definition and differentiation is provided. The second chapter discusses in brief the evolution of Europeanization of Criminal Law prior to the adoption of Schengen treaties. The informal cooperation in criminal matters took place in this era. Unlike the one in the chapter three, which already addresses the formal cooperation in criminal matters. It describes gradual development from Schengen cooperation, through the cooperation under Maastricht, Amsterdam and Nice Treaty, up to the cooperation on the basis of...
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Bribery and its topical problems
Janoušková, Nikola ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
Title: Bribery and its topical problems This diploma thesis is mainly focused on bribery, its topical problems and their possible solutions for the future. The text is divided into six chapters. The opening chapter deals with the definition of corruption which is a very extensive term. It also clarifies its relation to bribery which is essential for clarity and coherence of this thesis as these two terms are often interchanged. The second chapter focuses on demonstrating the severity of this criminality by pointing out selected criminological aspects of corruption, specifically the extent of corruption and the causes of corruption in general. The following chapter is dedicated to the legal regulations of bribery in the substantive criminal law. The attention is paid to fundamental terminology such as bribe, public official, the concept of general interest and elements of relevant criminal offences. The thesis would not be complete without a description of the procedural part. Therefore, the fourth chapter illustrates the actual problems of the Police, public prosecution system and court system and the need for the establishment of special departments dealing with corruption. The fifth chapter describes legal instruments that support successful detection and proving of bribery. It contains an...
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Issues of punishment for traffic offences
Hejda, Petr ; Říha, Jiří (advisor) ; Bohuslav, Lukáš (referee)
Road transport intervene in life perhaps each of us. Road transport play to journey to work, spending, medical care, no matter what already like drivers or co - driver or embarkment agents collective transport persons. At present is already quite common that the family personal two car, sometimes and more. S crescendo number vehicles in our households thereby fall and in - service on way, shoot up number enmity on roads, that often end in accident. Accident are also most frequent case offences or punishable act in road transport. Most accidents hasn't calamitous consequences, every day we're news media, especially television and internet, confronted with tragic aftermath serious accidents, that happen in all limits Czech republic. Unfortunately like general prevention these jerked - in - fillings and news malfunction so always speed ill general drift on the up grade of the number of accident stop. In his work first delimitate conception transport and road transport, try to explicandum punishable act in transport and will describe individual punishable act, that come into question like punishable act in transport. Most extensive volume of work will devoted punishments attempt life behind punishable act in road transport, when first carry out common expose punishments and purpose punishment and after it take...
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Euthanasia
Mrkvová, Kateřina ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
In this thesis, I examined the definition of euthanasia and its different forms, as well as the legal evolution of this term and its constitutional foundations in the Czech Republic. Furthermore, I focused on the legislative treatment of euthanasia in the Czech criminal law, and compared it to the legislative treatment of euthanasia in Australia, Colombia, and England. In every individual state, I tried to capture the most important moments concerning the legal regulation of euthanasia and assisted suicide. In Australia, I focused mainly on the very first legal regulation of euthanasia, in Colombia, progression of an application of the Constitutional Court judgment on active euthanasia and in England, the evolution of relevant case law, usually related to assisted suicide. The most detailed explanation, of course, focuses on the Czech Republic. In my analysis, I used a variety of Czech and foreign legal sources, including modern sources such as video conferencing. By comparing the approaches, I provided a general overview of differentiation of euthanasia and its potential criminal impact. I subsequently listed some foreign legal examples of judicial treatment and legal regulation of euthanasia and assisted suicide, currently unrecognized in the Czech legal literature. The main contribution and...
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The crime of rape under s. 185 of the Criminal Code
Dohnálková, Zuzana ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The diploma thesis The crime of rape under s. 185 of the Criminal Code consists of two major parts, which are divided into further subsections - first part consists of four main chapters and second part consists of six main chapters. The first part of the thesis, dealing with the criminal-law point of view, starts with a brief discussion of the sources of criminal law. The chapter then presents a comprehensive description of the development of the offence of rape in the Czech territory since antiquity up to the 20th century. The changes of elements of a crime and the very perception of punishability of rape may serve as a demonstration of advancement of personal freedom. Subsequently, more attention is devoted to the analysis of the current version of rape in the Criminal Code, Act No. 40/2009 Sb., which is currently included in Title III of the special part of the Criminal Code called Criminal Offences against Human Dignity in Sexual Sphere. The criminal law part concludes with a brief summary of the basic features which discriminate rape from sexual coercion and sexual abuse. The second part of the thesis focuses on criminology. First moral criminality, which subsumes rape, is defined in general terms. The definition is followed by statistical summaries, presented in graphs and tables, and by a...
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The Crime of Dangerous Stalking under Section 354 of the Criminal Code
Kuřinová, Jana ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Resumé v anglickém jazyce The issue of this thesis is the crime of dangerous stalking, which is set out in section 354 of the Act No 40/2009 Coll., Criminal Code and which criminalizes behavior commonly known under the term of stalking. The thesis aims not only at clarification of the criminal-law aspects of this crime, but also at its presentation in a more complex approach. So the thesis is divided into three parts, which are comprised of seven chapters. The first part, which is comprised of first two chapters, deals with stalking and its victims. This part addresses both the contemporary concept and historical development of this pathological phenomenon, frequency of its incidence, its possible manifestation, impact on pursued individuals and risk, which follow to them from stalking. The second part, which is comprised of third, fourth and fifth chapter, deals with issue of the crime of dangerous stalking itself. This part addresses the process of its implementation in the Czech criminal law and also its criminal- law aspects. So this part analyses this crime and deals also with possibilities of its concurrence with another crimes and with various tools of protection, which for pursued individuals provides the whole legal system. The last third part is comprised of sixth and seventh chapter. These...
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