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Insolvency crimes
Suchomelová, Veronika ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
Title: Insolvency crimes Abstract The aim of the submitted rigorous thesis to give a comprehensive overview about specific category of crimes related to contractual obligations between creditors and debtors, bankruptcy and its solution in insolvency proceeding. At first, the thesis analyzes the main concepts, "crime" and "bankruptcy". The thesis also includes historical excursion to former legislations of insolvency crimes in the penal law in the territory od today's Czech Republic, as well as off criminal legislation directly related to bankruptcy offences. This historical outline should clarify whether the current legislation on insolvency crimes has inspired a past adjustment or whether it has come up with a new concept of punishing this group of crimes. One of the primary aims of this thesis is to assess whether, in the case of criminal liability for crimes classified as "insolvent", one of the fundamental principals of criminal law, namely the principal of subsidiarity of criminal repression, is applied consistently. A picture of this isme can be made both from the actual text of the thesis and from the annex part, which shows the number of prosecuted and convicted persons for committing individual insolvent crimes in period 2009 - 2016. The core of the thesis is an analysis of individual crimes that...
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Insolvency crimes
Klein, Peter ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
Insolvency Crimes Abstract The submitted rigorous thesis elaborately discusses primary insolvency crimes, implying crimes closely connected with contractual obligations between the debtor and creditors, bankruptcy and its resolution in insolvency proceeding. Although, the new criminal codex passed by Act. No. 40/2009 Coll., Criminal Code, does not give the definition of the matter of bankruptcy, neither contains separate part related to insolvency crimes, theory and practice consider to be the primary insolvency crimes damage of the creditor, preferential treatment of the creditor, causing bankruptcy, breaching the obligation in the insolvency proceeding and plotting in the insolvency proceeding, contained in articles no. 222 up to no. 226 of the Criminal Code. The aim of the thesis is to offer a synthetic presentation, pleasant for the readers and offers the maximum knowledge of insolvency crimes and its relation to insolvency law, of its offender, as well as the requirements of criminal and non criminal responsibility for their committing in regard of the subsidiarity of criminal repression principle. All of this in assumption of understanding broader social scope included historical context of criminal and noncriminal legislation referred to protection of contractual obligations on the territory of the...
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Insolvency crimes
Kňourková, Ivana ; Moravec, Tomáš (advisor) ; Kostelanský, Ludvík (referee)
This thesis deals with insolvency crimes. The aim of this thesis is to evaluate the adequacy of the legal provisions of the Criminal Code. Examined criterion is to confirm or refute the hypothesis that the criminal law should be used as a tool to sanction very serious crimes. The work is divided into four chapters. The first chapter describes the basic concepts of substantive criminal law. The second chapter focuses on the interpretation of terms related to insolvency crimes. The third chapter deals with individual bankruptcy crimes. The fourth chapter deals with bankruptcy crime committed on the territory of the Czech Republic, the end of the chapter is devoted to the evaluation of the adequacy of the legislation.
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Insolvency crimes
Bernardova, Vendula ; Moravec, Tomáš (advisor) ; Žák, Květoslav (referee)
As it is evident from the theme of bachelor thesis, it deals with insolvency crimes. The aim of this thesis is to create a unified overview of selected insolvency crimes and also provide an explanation of basic concepts of criminal and bankruptcy law. The thesis is divided into six chapters. The first five chapters are devoted to the basics of the criminal law, for example what the crime is, which charakteristics it has, etc. The final chapter discusses the mere insolvency crimes.
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